Did you know that a car crash is reported in Texas every one minute and seven seconds? Despite the frequency of car accidents in the state, many people are unfamiliar with their rights immediately following an accident.
This is due to the often complicated laws that are unique to the states. If you need clarification on your rights following an accident, as well as the accident laws in Texas, then you’re in the right place.
In this guide, we’ll provide you with everything you need to know about texas car accidents. Let’s get started!
Laws Around Texas Car Accidents
One thing that makes driving laws in the United States confusing is that each state usually has a different way of doing things. As such, there are traffic laws that are unique to Texas.
So, to give you a better understanding of the laws, and your rights surrounding them, in this section we’ll go over some of the important things to remember. Let’s get started!
Modified Comparative Fault
If the other driver was entirely at fault in your Texas car accident, then the results are usually pretty straightforward. The other driver and their insurance company will cover any damages caused by the accident.
However, things get more complicated if you were partly at fault for the accident. When this happens modified comparative fault kicks in. In these types of cases, a jury will rule what percentage of the crash was your fault, and what percentage was the other driver.
Once a percentage is reached, then you will only receive that percentage for the damages caused by the accident. So, if you’re 30% responsible for an accident, then you would receive 70% of the damages caused to yourself or your vehicle.
Car Insurance and Reporting to the Insurance Company
In Texas, you’re required to have car insurance to be on the road. What’s more, car insurance needs to have at least a minimum in terms of liability coverage.
This minimum is $30,000 for injuries per person, $60,000 for total injuries when more than two people are injured, and $25,000 for property damage related to your vehicle.
There’s no law in place that states that you need to report the accident to your insurance provider. However, almost all insurance contracts state that you need to report the accident however minor.
If you wait too long to report the accident, then there’s a good chance that the insurance company will deny your claim. As such, if you want to get the compensation that you’re entitled to, then report the accident to your insurance company as soon as possible.
Accident Reporting to Police
Texas requires you to report an accident to the police when it occurs. If someone is injured, or one of the vehicles is undrivable by the accident, then you should call the police department.
They will send officers out to assess the scene and write up an accident report. Alternatively, you can go to the local police station and report the accident. You must do this within ten days of the accident.
Accident reports are vital for insurance claims and any lawsuits that you might want to consider. As such, you should always get a copy of one.
Statute of Limitations
If you want to file a lawsuit against an insurance company or driver, then keep in mind that your time is limited. Texas driving law has a statute of limitations on lawsuits related to car accidents.
That means that if enough time passes, then you won’t be able to pursue damages legally.
In Texas, this statute of limitations is two years from the date of the car accident. As such, you should begin legal proceedings as quickly as possible to avoid missing your opportunity.
What Are Your Rights After a Car Accident in Texas?
If you were injured in a car accident, and it wasn’t your fault, then you have the right to seek compensation for any damages that occurred. One way you can do this is by filing a claim with either your insurance company or the driver who was at fault.
If you were injured in the accident, then you can also file a personal injury lawsuit.
Or, if you lost a loved one, then you might consider pursuing a wrongful death lawsuit. Here are some of the types of compensation you can expect to get following the lawsuits and claims:
- Medical care following a serious injury
- Long-term care for physical therapy, extended hospital stays, and other expenses
- Any income you may have lost from your job due to an injury
- Any modifications you had to make to your home to accommodate a new disability caused by the accident
- Pain and suffering caused by the car accident
Should You Pursue a Personal Injury Case?
If you were seriously injured in a car accident that wasn’t your fault, then it’s always worth considering a personal injury case. However, many people are often intimidated by pursuing an extended legal battle.
If you fall in this category, then we recommend contacting a legal professional.
Almost all of them will evaluate the merits of your case for free. Then, they’ll advise you as to whether or not you should realistically pursue the personal injury lawsuit. Make sure to check out this guide to learn more about personal injury law in Texas.
Want More Content? Keep Reading
We hope this article helped you learn more about Texas car accidents laws and your rights following an accident. If you believe that you are entitled to compensation following an accident, then you must find a good lawyer right away.
That way, you have the best chances of receiving damages for whatever harm caused by the other driver.
Did you enjoy this article? If the answer is yes, then you’re in the right place. Keep exploring to find more topics that you’re sure to love.
