Texas Car Accident Compensation Laws

There's a lot of room in Texas. There are also a lot of people and a lot of cars, so there are many auto accidents as well. Given the high likelihood of getting into at least one car crash during your life, it's a good idea for you to be aware of the accident compensation laws in Texas.

In the moments after an accident, questions will run through your head. Whose fault was it? Who pays for my property damage? When should I contact my car insurance company? Knowing the answers to these and other questions might make the experience less traumatic.

In this article, we'll examine an overview of the laws and types of compensation involved in Texas car accidents. We'll examine how the statutes dealing with fault and compensation relate to your car crash. You'll gain a better understanding of:

• What to do after an accident
• How to file an insurance claim to recover damages
• How auto insurance works
• How to determine the at-fault driver

Texas Motor Vehicle Accident Laws

The basic motor vehicle laws of Texas are like those of other states. You need a driver's license, and your vehicle must be registered. Don't read or send texts on your phone while driving. Other laws are specific to Texas, and it's important to know them.

Texas Mandatory Liability Auto Insurance

To be a legal driver in Texas, you must carry liability auto insurance. This means that if you're at fault in an accident, your car insurance policy will cover the damages of the other drivers. The minimum coverage you can have is:

• $30,000 injury coverage per person
• $60,000 injury coverage per accident
• $25,000 property damage coverage

Texas calls this 30/60/25 coverage. While this is the required minimum of coverage, the state encourages drivers to opt for higher coverage. If you're at fault for damages that exceed your insurance coverage, you'll have to pay the rest out of pocket.

All Texas auto insurance policies include personal injury protection (PIP) coverage and uninsured/underinsured coverage unless you opt out of the coverage. You must opt out in writing.

You must produce proof of car insurance on demand. Other types of auto insurance available include comprehensive insurance and collision insurance.

Negligence and Fault in Texas

Your car is a mess after the accident. You have collision insurance, but the other driver hit you. Who pays?

Texas is an at-fault state, which means that the driver who gets the majority of the blame for the accident is liable to pay for the damages caused. Most often, their insurance policy handles this. If the at-fault driver's insurance coverage is less than your damages, you can file a personal injury lawsuit for full recovery.

Texas uses the modified comparative negligence doctrine, also called proportionate responsibility. You can't recover any damages if you are more than 50% at fault for the accident.

Modified comparative negligence affects you even if you prove the negligence claim against the other driver. This means you have shown them at fault. The damages you get reduces by the percentage of fault you're responsible for.

Here is an example: Your car was hit. You got $15,000 in damages. But, if you were 10% responsible for the accident. You'd lose $1,500, or 10% of your damages. You end up with $13,500 instead of $15,000.

For a detailed look at how insurance claims work and how long it might take, review FindLaw's Texas Car Accident Settlement Process and Timeline article.

What To Do After an Auto Accident in Texas

It is difficult, if not impossible, to remember what to do in the confusion and mayhem following an accident.

Even if the crash seemed minor, don't leave the scene. Doing so leaves you open to a hit-and-run charge. Focus on the well-being of everyone involved. Examine yourself for injuries before checking on others. Offer aid if necessary.

Texas law states you don't need to involve law enforcement if there are:

• No injuries
• No fatalities
• Damage under $1,000

But it is always a good idea to call the police. When you call 911, let the operator know if there are any injuries and their severity.

If nobody is badly hurt and the vehicles are mobile, take pictures from different angles. Then, move them from the roadway to a safer spot. While waiting for the police, exchange information with the other drivers.

Make sure to exchange:

• Auto insurance policy information
• Driver contact information like name, address, email, and phone numbers
• Driver's license number
• Vehicle identification numbers (VINs) from all cars involved

If there are any witnesses, get their contact information, too. A witness statement, if possible, is even better.

When the police arrive, try to be calm and truthful as you answer their questions. After taking statements, the officer is going to use an accident report to log all the objective data they see. This includes:

• Damage to vehicles
• Road conditions
• Time of day
• Weather

If you can, alert your insurance company from the accident scene. Whether it's your fault, you'll file a claim with your carrier.

You will need a copy of the accident report, known as a Texas Peace Officers Crash Report (CR-3). It's a large part of how insurance companies determine fault and liability. Your attorney also uses it if you pursue a personal injury lawsuit.

Your CR-3 is available at the Texas Department of Transportation's Crash Records Information System (C.R.I.S) site within 10 days of the accident. For a deeper examination of the importance of the accident report, review FindLaw's Texas Car Accident Report Basics article.

If you suffered an injury in the accident, seek medical treatment. Your insurance company will need copies of all medical bills and expenses. Consider speaking with a car accident lawyer if things become too much to handle.

Texas Car Accident Compensation Laws Summary

The chart below recaps the information above and provides information about accident compensation laws in Texas.

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

More Questions About Texas Car Accident Compensation Laws

While we can't predict every question, we can provide some answers that you may find useful in your situation.

What Types of Damages Are Allowed in Texas?

When people think of car accident damages, they often think of economic damages. Economic damages are out-of-pocket expenses you might incur due to a car accident.

Some typical economic damages available:

• Future medical expenses
• Lost earning capacity
• Lost wages
• Vehicle repairs

Injured parties can also get noneconomic damages. Noneconomic damages encompass pain and suffering, disability, or loss of companionship that you or a loved one might suffer.

Are There Limits on Damages in Texas?

Even if punitive damages are available in your case, the state of Texas has a complicated method of limiting them.

The maximum you can recover in punitive damages is the greater of three sums:

• $200,000
• Two times the amount of economic damages plus $750,000
• Two times the amount of economic damages plus the amount of noneconomic damages you were awarded

This doesn't apply if the conduct is a felony.

If you're involved in a case of this magnitude, having an experienced car accident lawyer in your corner can make all the difference.

My Shoulder Wasn't That Bad Right After the Accident, but It's Six Months Later. Is It Too Late to File a Personal Injury Suit?

In all cases, Texas has a state-imposed limit for how long you can wait to file a lawsuit to recover damages for injuries suffered in an accident, also known as a statute of limitations.

You can wait no longer than two years from the date of the accident to file a claim for injuries to you and your personal property, such as your car.

Contact a Texas Car Accident Attorney About Compensation Laws

If you were hurt in an accident in the Lone Star State and another party is responsible, Texas has protections for you. The Texas legal system is difficult to navigate, but you don't need to do it alone. Contact a Texas attorney to learn the strength of your car accident case and the amount of compensation available.