Texas Motor Vehicle Accident Laws

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. 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 to the point it cannot be safely driven

If the accident is not reported to law enforcement, Texas law requires drivers 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
  1. 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, but it does have specific laws about being insured and having 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.

  1. 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.

  1. Comparative Negligence Rule

Texas has a law known as the “comparative negligence rule”. Under this law, when two parties are found to be partially responsible for a motor vehicle accident, claims or lawsuit damage amounts may be calculated based 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 his or her fault found by the jury.

Have Questions?

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 (713) 808-5246, or email us at info@daiclaw.com.

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Sources

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.550.htm#550.026

https://www.nolo.com/legal-encyclopedia/texas-car-accident-laws.html

https://statelaws.findlaw.com/texas-law/texas-car-accident-settlement-process-and-timeline.html