Being in a car accident in Texas can leave you dealing with injuries, property damage, insurance claims, and legal confusion. As an “at-fault” state, understanding your rights and responsibilities under Texas motor vehicle laws is crucial after a collision. This article will summarize the key car accident laws and regulations in Texas and provide guidance on navigating the aftermath of an automotive crash.
Whether you were the driver deemed at-fault or the innocent victim of someone else’s negligence, it’s important to know the state’s fault determination rules, insurance requirements, statutes of limitations, and steps to take at the scene and after. With a basic grasp of Texas’ legal framework around auto accidents, drivers can better protect their safety, rights and finances following an unfortunate run-in on the state’s busy roadways.
Determining Fault in a Texas Car Accident
Texas is an “at-fault” state when it comes to financial responsibility for a car accident. This means the driver who is deemed primarily at-fault for the accident will be held liable for damages and injuries to other parties.
Several factors are considered when determining fault, including:
- Which driver was speeding, ran a traffic light or sign, or broke other traffic laws
- Which car struck the other from behind or in the rear
- Which driver was distracted, drunk, or impaired
- Road, traffic, and weather conditions at the time
Police officers called to the scene will make an initial determination of fault based on these factors. However, this can often be challenged later with eyewitness accounts and accident reconstruction expertise.
If fault cannot be clearly established, Texas may consider the accident a no-fault collision. It’s critical to gather evidence at the scene and work with an experienced attorney to prove fault after a complex accident.
Texas Auto Insurance Requirements
Under Texas law, all drivers are required to carry a minimum level of auto liability insurance. Required minimum coverage amounts are:
- $30,000 for injuries per person
- $60,000 for total injuries per accident
- $25,000 for property damage per accident
This mandatory minimum insurance helps cover damages to others when you are deemed at-fault for an accident. However, accidents often result in expenses far exceeding these minimums, which is why experts recommend carrying more extensive coverage.
Consider optional add-ons like:
- Uninsured/underinsured motorist coverage
- Personal injury protection (PIP)
- Comprehensive and collision coverage
- Rental reimbursement
- Roadside assistance
Review your policy annually and adjust limits appropriately as your assets grow.
Key Texas Car Accident Laws and Regulations
Beyond basic insurance requirements, Texas has codified laws that govern right-of-way, traffic violations, license requirements, and other rules of the road. Key laws include:
Driver’s Duty to Stop and Render Aid
All drivers involved in an accident where any type of injury or death occurs must stop immediately and provide reasonable assistance, including calling 911. Failing to stop and render aid is a felony offense in Texas.
Uninsured Motorist Coverage
This type of coverage protects you when the at-fault driver has no insurance or not enough coverage. It will help pay for your vehicle repairs and medical bills up to your policy limits.
Comparative Negligence
Texas uses modified comparative negligence rules to determine financial liability in accidents where both drivers are partially at fault. You may still recover damages if you are found to be less than 51% at fault for the crash.
Statute of Limitations
The deadline to file a car accident injury lawsuit in Texas civil court is two years from the date of the accident under most circumstances.
Traffic Violations
Common causes of accidents like speeding, running red lights, improper turns, reckless driving, and DWI all carry criminal penalties in Texas if convicted.
Driver License Requirements
Texas requires all drivers to be licensed, registered, and insured. You must carry your valid license while driving and show it to police after an accident.
Move Over Laws
Drivers must vacate the lane closest to stopped emergency vehicles or slow down 20 mph below the speed limit. This protects law enforcement, ambulance crews, and other first responders.
Texting and Driving
Texas banned texting while driving in 2017. Reading, writing or sending texts while operating a vehicle is illegal and subject to fines up to $99 for first-time offenders.
Car Seat and Seat Belt Laws
All passengers under 8 years old must be secured in a federally approved car seat or booster seat. Children under 2 must be rear-facing. Front seat passengers over 15 can be fined for not wearing seat belts.
Steps to Take After a Texas Car Accident
If you have been involved in a car accident in Texas, here are important steps to take at the scene and after to protect yourself:
Move to a safe location if vehicles are disabled in traffic and call 911 if injuries are serious
- Render reasonable assistance to injured parties and call for medical help
- Document the scene with photos and video if possible
- Exchange driver and insurance information with the other parties
- Get contact information for witnesses who saw the accident
- Seek medical attention even for minor injuries and keep records
- Report the accident to insurance and file a claim promptly
- Avoid admitting fault or signing any documents without consulting a Houston car accident lawyer
- Keep records of accident-related expenses and damages
- Contact an experienced Texas car accident attorney for help determining fault and pursuing claims
Why Hire a Texas Car Accident Lawyer?
A qualified car accident attorney Houston TX can protect your rights after an accident, determine fault, handle insurance negotiations, and pursue maximum compensation for your injuries, vehicle damage, lost wages, and other costs.
They understand Texas traffic laws and legal options available to accident victims that a layperson may overlook. They will handle the legal process for you while you focus on recovery. Most offer free consultations and only collect attorney fees if they successfully recover damages for you.
Let Our Texas Car Accident Attorneys Help You
If you or a loved one has been injured in an auto accident in Texas, contact the experienced team at Karns & Karns Personal Injury and Accident Attorneys for a free case review. Call 800-4THE-WIN (800-484-3946) to learn how we can help you recover. We handle car, truck, motorcycle, pedestrian, drunk driving, and all other accident injury cases. Call now for a free, no obligation consultation.
