Drivers in Texas have certain rights and responsibilities when a motor vehicle accident occurs. While most drivers know to call 911 and exchange information, many drivers don’t know what the actual laws are that may impact them or their insurance or personal injury claims. At Daic Law, we understand the frustration that follows a motor vehicle accident. Injured victims are often left feeling overwhelmed and anxious.
The good news is that there are specific laws in Texas designed to help protect the rights of those injured in accidents. Let’s take a look at four of the most fundamental Texas motor vehicle accident laws.
Texas Motor Vehicle Accident Laws
Anyone driving on Texas roadways should explore motor vehicle accident laws, as well as their rights and responsibilities. Here are four of the most important laws that drivers should be aware of:
1. Reporting the Accident
Under Texas Transportation Code section 550.026, the driver of a vehicle involved in an auto accident must “by the quickest means of communication” report the accident to law enforcement if:
- The accident results in injury or death of another person
- The accident damages a vehicle enough to make it unsafe to drive
If you do not report the accident to law enforcement, Texas law requires you to complete a Form CR-2 Crash Report within ten days of the accident if:
- The accident results in injury or death of another person
- The accident results in damage greater than $1,000
2. Car Insurance Laws
Texas is considered a “fault” state, meaning that any driver who causes damage or injuries in a motor vehicle accident can be sued by the other party. Texas does not have specific laws about reporting an accident to your insurance company. However, Texas does have specific laws requiring insurance and adequate coverage. Under Texas law, the minimum insurance limits are:
- $30,000 for each individual
- $60,000 per incident (for injuries)
- $25,000 for property damage
The insurance company also has legal obligations, such as accepting or rejecting your claim within 15 days of receiving all necessary information. Texas law also details insurance company responsibilities related to rejecting the claim, paying a claim, etc.
3. Statute of Limitations Laws
The statute of limitations sets a specific time limit on how long a plaintiff (victim) has to file a lawsuit against another party. For motor vehicle accidents and resulting personal injury claims, the statute of limitations is two years from the date of the incident.
4. Comparative Negligence Rule
Texas has a law known as the “comparative negligence rule”. Under this law, when two parties are each partially responsible for a motor vehicle accident, the court calculates damage amounts on each party’s level of fault. A jury determines a dollar amount for the plaintiff, then calculates a percentage based on fault. The award for the plaintiff may then be reduced by the percentage of their fault found by the jury.
Have Questions about a Motor Vehicle Accident?
If you have questions about these, or other motor vehicle accident laws, contact Daic Law to speak with our personal injury attorney about your case. Call our office at 877-893-6040, or email us at info@daiclaw.com. Let us answer your questions and help protect your legal rights.
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