Texas Auto Accident Laws Overview
Were you recently injured in a car accident in Texas?
It is important to learn more about Texas’s auto accident laws and determine whether you may be eligible to file a claim. In general, most people who sustain injuries in a Texas motor vehicle crash will begin the claims process by filing an auto insurance claim.
In situations where an auto insurance settlement cannot provide an injured person with full compensation, that injured victim will often file an auto accident lawsuit against the negligent party or parties to recover damages for their losses.
At The Francis Firm, we are committed to providing professional representation to each of our clients in a wide variety of accident claims. If you need assistance seeking compensation, an experienced Texas car accident lawyer at our firm can help.
Please don't hesitate to contact us today.
In the meantime, we will provide you with detailed information about the auto accident laws in Texas and how they could affect your settlement.
Filing a Texas Auto Insurance Claim
The first step in seeking compensation for most individuals injured in a Texas car accident involves filing an auto insurance claim.
Since Texas is a “fault” state, anyone who is injured in a traffic collision because of another party’s careless or reckless behavior typically has one of two options for filing a claim:
- Third-party claim through the negligent driver’s insurance company; or
- First-party claim through their own insurance company.
By filing a third-party claim, you can avoid paying your deductible, but insurance limits could prevent you from obtaining full compensation for your losses.
If you file a first-party claim, the process can move quicker, but you will need to pay your deductible upfront.
You should speak with a Texas auto accident lawyer about the best way to move forward with an auto insurance claim after a crash.
Car Insurance Minimum Requirements Under Texas Law
What are the Texas auto insurance limits?
The Texas Department of Insurance explains that to drive on Texas roads, motorists must carry a minimum amount of insurance.
Those minimum Texas insurance amounts include:
- $30,000 for injuries to one person in an accident;
- $60,000 for injuries to all people involved in an accident; and
- $25,000 for property damage.
In accidents with significant damage and serious injuries, these minimum amounts are often insufficient to cover the full extent of losses.
For example, if a driver causes a collision involving multiple vehicles, the $60,000 limit for all people injured may not be enough to cover each injured party's medical expenses.
If an injured person files a first-party claim, insurance limits could still prevent them from obtaining full compensation for severe and debilitating injuries.
Time Limits for Filing a Texas Car Accident Lawsuit
Texas law imposes strict time limits for filing a car accident lawsuit. Under Tex. Civ. Prac. & Rem. Code § 16.003, most auto accident lawsuits must be filed within two years from the date of the accident.
Although two years might seem like ample time, the insurance claim process can take time, and delaying legal action could jeopardize your ability to seek damages.
How Proportionate Responsibility Affects Auto Accident Claims
Texas follows a modified comparative negligence rule, known as proportionate responsibility, which affects how much a plaintiff can recover in a car accident case. Under Tex. Civ. Prac. & Rem. Code § 33.001, a plaintiff can recover damages even if they are partially at fault, but only if they are 50 percent or less at fault.
If the plaintiff is found to be more than 50 percent at fault, they are barred from recovering any compensation. If they are 50 percent or less at fault, their damages will be reduced based on their degree of fault.
Contact a Skilled Car Accident Attorney in Texas
If you need assistance handling an auto accident insurance claim or have questions about Texas auto accident laws, an advocate at The Francis Firm can get started on your case today.
Contact us online or call The Francis Firm at (817) 329-9001 for more information about the personal injury services we provide to plaintiffs. We offer free case consultations and help injured victims in truck accidents, car accidents, and motorcycle accidents.