Texas Car Accident Laws: The Rules That Can Make or Break Your Case

Navigating the aftermath of a car accident is challenging enough without having to decipher a complex web of legal rules. If your crash happened in Texas, understanding the state’s specific laws is not just helpful—it is essential. These regulations directly influence who can be held responsible, how much compensation you can recover, and how long you have to act.

Failing to understand key Texas laws can jeopardize your ability to get fair compensation for your injuries and damages. This guide breaks down the most critical rules that can make or break your case. We will cover how Texas determines fault, the strict deadlines for filing a claim, and what the law requires you to do after an accident.

The Rule of Modified Comparative Fault (The 51% Bar)

One of the most important laws governing Texas car accident cases is the rule of “modified comparative fault,” also known as proportionate responsibility. This rule determines how compensation is awarded when more than one person shares blame for an accident.

In simple terms, you can recover damages from another driver as long as you are not found to be 51% or more at fault for the crash.

Here is how it works in practice:

• A court will assign a percentage of fault to each party involved in the accident based on the evidence.
• If you are found to be partially at fault, your total compensation will be reduced by your percentage of fault.
• If you are found to be 51% or more at fault, you are barred from recovering any compensation at all.

Let’s look at an example. Imagine you are in an accident and suffer $100,000 in damages.

• If the court finds you were 20% at fault (perhaps for speeding slightly) and the other driver was 80% at fault, you could recover $80,000 ($100,000 minus your 20% share of the blame).
• However, if the court finds you were 51% at fault, you would receive nothing.

This “51% Bar” rule makes it a primary tactic for insurance companies to shift as much blame as possible onto you. Even if the other driver ran a stop sign, the insurer might argue that you were distracted or driving too fast for the conditions, hoping to push your fault percentage over the 50% threshold to avoid paying anything. This is why gathering strong evidence to prove the other driver’s fault is so critical in Texas.

The Statute of Limitations: A Deadline You Cannot Miss

In Texas, you have a limited window of time to take legal action after a car accident. This deadline is known as the statute of limitations. For most personal injury cases, including those from car accidents, you have two years from the date of the crash to file a lawsuit.

This may seem like a long time, but it can pass quickly. During this period, you will be focused on medical treatment, and your attorney will need time to investigate the accident, gather evidence, and negotiate with the insurance company.

What happens if you miss the deadline?
If you try to file a lawsuit after the two-year window has closed, the court will almost certainly dismiss your case. You will lose your right to seek any compensation for your injuries, regardless of how strong your claim is.

There are very few exceptions to this rule. That is why it is crucial to contact a car accident attorney as soon as possible after your crash. They can ensure all legal deadlines are met while you focus on your recovery.

Required Actions and Documentation After a Texas Crash

Texas law also outlines what you are legally required to do immediately following an accident. Your actions at the scene can significantly impact the strength of your future claim.

Legal Duty to Stop and Render Aid

Under the Texas Transportation Code, if you are involved in an accident that results in injury, death, or vehicle damage, you must:

1. Stop your vehicle at the scene or as close as possible without obstructing traffic more than necessary.
2. Render reasonable assistance to anyone who is injured. This includes calling 911 or arranging for transportation to a hospital.
3. Exchange information with the other driver(s), including your name, address, driver’s license number, and insurance information.

Leaving the scene of an accident involving an injury is a serious crime in Texas.

When Must You Report the Accident to Law Enforcement?

You are legally required to report a car accident to the police in Texas if it results in:

• Any injury
• A death
• Apparent vehicle damage of $1,000 or more

Even if the damage seems minor, it is always a good idea to call the police. A police report is an invaluable piece of evidence. It provides an objective, third-party account of the crash details, witness information, and often the officer’s initial assessment of who was at fault. Insurance companies rely heavily on these reports when determining liability.

Filing a Crash Report (Form CR-2)

If the police do not respond to the scene of a minor accident, you are still required to file your own report. You must submit a “Driver’s Crash Report” (Form CR-2) to the Texas Department of Transportation within 10 days if the crash resulted in injury, death, or over $1,000 in property damage. Failing to do so can create complications for your insurance claim.

Navigating Texas Car Insurance Requirements

Texas is an “at-fault” state, which means the driver who caused the accident is responsible for paying for the damages through their liability insurance. All Texas drivers are required to carry a minimum amount of liability coverage, often referred to as 30/60/25 coverage:

• $30,000 for bodily injury liability per person.
• $60,000 for bodily injury liability per accident.
• $25,000 for property damage liability per accident.

Unfortunately, these minimums are often not enough to cover the costs of a serious accident. If your medical bills and other damages exceed the at-fault driver’s policy limits, you may need to explore other options, such as filing a claim against your own Underinsured Motorist (UIM) coverage or filing a lawsuit directly against the at-fault driver.

Protect Your Claim by Understanding the Rules

Texas car accident laws are complex, and insurance companies know how to use them to their advantage. From arguing you were more than 50% at fault to pressuring you into a quick settlement before the full extent of your injuries is known, adjusters are not on your side.

Knowing the basics of comparative fault, the statute of limitations, and reporting requirements empowers you to protect your rights. However, the best way to navigate these rules is with an experienced Texas car accident lawyer on your side. An attorney will work to preserve crucial evidence, meet all legal deadlines, and build a case designed to maximize your compensation under Texas law.

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Meta Title: Texas Car Accident Laws That Can Affect Your Case
Meta Description: Learn how Texas laws on fault, statutes of limitations, and accident reporting can make or break your car accident claim. Protect your rights.