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Understanding
Texas Car Accident Laws
Several state laws work together to determine responsibility, insurance coverage, and claim eligibility. Here’s a quick breakdown of these key Texas laws:
Is Texas a No-Fault State?
No, Texas is not a no-fault state. In no-fault states, each driver typically turns to their own insurance first, no matter who caused the crash. Texas works differently.
In Texas, fault matters. Insurance companies look at who caused the accident and how much each driver contributed to it, and this process directly affects insurance claims and potential compensation.
How Fault and Proportionate Responsibility Work in Texas
Texas follows a rule called proportionate responsibility, sometimes called modified comparative negligence.
Here’s the basic idea:
- Each party can be assigned a percentage of fault
- You can seek compensation as long as you are not more than 50% at fault
- Your recovery may be reduced by your share of responsibility
For example, if you are found 20% at fault, any recovery may be reduced by 20%. If you are found 51% or more at fault, Texas law may prevent recovery.
Minimum Auto Insurance Requirements in Texas
Texas drivers are required to carry minimum liability insurance:
- $30,000 for injury to one person
- $60,000 for injury per accident
- $25,000 for property damage
These are only minimums. In serious crashes, these limits are often not enough to cover medical bills, lost income, and other losses.
When a Texas Peace Officer’s Crash Report Is Required
Texas law requires a peace officer’s investigation and crash report when an accident involves:
- Injury or death, or
- Property damage of $1,000 or more
This requirement is about legal reporting – not fault or blame – and helps create official documentation of the crash.
Why You Shouldn’t Wait To Contact a Texas Car Accident Lawyer
Texas law sets a specific time limit for most car accident claims of two years from the date of the accident. This is known as a statute of limitations. If you fail to take action within two years, you will likely lose your right to compensation, even if someone else caused the accident.
While two years may seem like a long time, you must take many steps before you file a claim. Determining the cause of an accident may require investigation. You may first need to pursue an insurance claim, and if you do need to file a lawsuit, the complaint will require careful preparation and drafting. Therefore, always give a car accident lawyer plenty of time to properly pursue your claim, and do not wait too long after an accident to schedule your free case evaluation.
How Texas Law Affects What You Do After a Car Accident
Texas law doesn’t just affect fault – it also shapes key decisions after a crash.
When Texas Law Requires You To Remain at the Scene and Call the Police
No matter how trivial a crash might seem, it’s always a good idea to at least exchange information with the other driver. That being said, drivers are required to remain at the scene and notify police when:
- There is an injury or fatality
- There is property damage of more than $1,000
- One of the drivers is intoxicated or leaves the scene of the accident
- One of the drivers has no insurance
- One of the vehicles can’t be moved under its own power
Depending on where the crash happens, the responding authority may be local police, your county sheriff, or the Texas Department of Public Safety. Leaving the scene before legal obligations are met can lead to serious consequences, including potential hit-and-run allegations.
The Texas “Move It” Rule on Freeways
On Texas freeways, drivers are expected to move vehicles out of traffic when:
- The vehicles are operable, and
- They can be moved safely
This rule helps reduce secondary crashes and keeps traffic flowing.
Information You Are Legally Required to Exchange in Texas
Texas law requires drivers to share the following information after a car crash:
- Name and address
- Vehicle registration number
- Insurance information
- Driver’s license (if requested)
Drivers must also offer reasonable assistance to anyone who may be injured.
How Texas Fault Rules Affect Post-Accident Decisions
Because Texas fault rules affect compensation, what’s said early on can matter later. That means it’s important to be careful about what you say after an accident.
Insurance companies may review statements, reports, and other evidence long after the crash scene is cleared. Casual or unintentional statements made at the scene or to insurers may be used when fault is evaluated, even if they don’t reflect what actually happened.
Insurance Implications Unique to Texas
Texas’s insurance landscape means that relatively low minimum coverage limits and a significant number of uninsured/underinsured drivers can create real challenges for people injured in crashes. These conditions often lead to:
- Underinsured motorist claims, where drivers may need to lean on their own uninsured/underinsured motorist policies (if they have any, as these are optional in Texas)
- Disputes over policy coverage application
- Limited settlement possibilities when losses exceed policy limits, which may require drivers to use their own supplemental insurance policies or file a lawsuit in order to recover more damages
Understanding these implications can help people anticipate potential issues when navigating a claim after a Texas car accident, and they highlight why having adequate insurance before a crash matters.
What Texas Law Does Not Require
It’s also helpful to clear up a few common myths, as Texas law does not require that:
- Every accident involves police
- Every accident leads to a lawsuit
- Crash reports are automatically public
- Crash reports are automatically admissible in court
Insurance Reporting &
Crash Documentation in Texas
Do You Have to Report a Car Accident to Your Insurance in Texas?
Yes, Texas law requires you to report accidents to your insurer, especially if there is significant property damage or someone is injured. Failing to report an accident to your insurance company can lead to severe penalties, including legal action against you. It can also affect your ability to submit a claim within the legal time limits.
Texas Car Accident Reports: What They Are and Why They Matter
A Texas car accident report is an official record created after a crash (usually by a responding peace officer) that documents key details like the time and location of the accident, the parties involved, vehicle damage, and the officer’s observations. Insurance companies commonly rely on these reports when evaluating fault, reviewing claims, and determining how a case may move forward.
While a crash report does not automatically decide who is at fault, it often plays an important role in insurance investigations and settlement discussions. Because errors or misunderstandings in a report can affect how a claim is handled, understanding what’s included – and how insurers use it – can be important.
How To Read a Texas Car Accident Report
Texas crash reports typically include:
- Driver and vehicle information
- Officer observations
- Diagrams and contributing factors
These reports can easily be misunderstood and are often only one piece of the larger picture, so we encourage you to learn more about how to read and understand a Texas car accident report – or contact Trust Guss Injury Lawyers anytime and we’ll walk you through it.
Texas Car Accident Statistics
Leading Causes of Car Accidents in Texas
Texas Department of Transportation (TxDOT) data consistently shows patterns involving:
- Speeding
- Impaired driving due to drugs or alcohol
- Driver inattention, including texting while driving
- Failure to yield
- Failing to maintain the roads and highways
- Violating traffic safety laws
Negligent people, companies, or even government agencies can cause you to crash. Understanding trends helps explain how and why crashes happen across the state, so you can better protect yourself and your family.
Common Types of Car Accidents in Texas
According to 2024 TxDOT data, common crash types and contributing factors included:
- Head-on accidents
- Rear-end collisions
- Intersection accidents
- Freeway crashes
- Hit-and-run accidents
- Pedestrian-involved accidents
- Commercial vehicle collisions
- Weather-related accidents
Injuries Common in Texas Car Accidents
In 2024, TxDOT data shows that more than 18,000 Texans were injured in car accidents. Common injuries in car accidents often include:
- Soft tissue injuries
- Head and brain injuries, including concussions and more serious traumatic brain injuries (TBIs)
- Spinal injuries, which may cause paralysis
- Whiplash and other neck injuries
- Broken bones
- Internal injuries
What Can You Expect From a Texas Car Accident Settlement?
It’s normal to wonder what a Texas car accident claim might be “worth,” but there’s no one-size-fits-all number. Claim value depends on the facts of your specific case, like the seriousness of the injuries, medical costs, time missed from work, insurance coverage available, and whether fault is disputed.
That being said, the Insurance Information Institute reported that in 2024, the average auto liability claim for property damage was $6,770, and the average auto liability claim for bodily injury was $28,278. And according to the National Association of Insurance Commissioners (NAIC) 2021/2022 Auto Insurance Database Report, Texas auto insurers paid out nearly $5 billion in property-damage claims alone.
If you want a clearer range based on your injuries and coverage, an attorney at Trust Guss Injury Lawyers can review your crash report, medical records, and available policies and explain what factors typically determine relevant damages in cases like yours.
How a Texas Car Accident Lawyer Can Help
Not every car accident requires a lawyer. But in Texas, legal guidance often becomes more important when fault is disputed, injuries are serious, insurance coverage is limited, or multiple parties are involved. These factors can complicate even straightforward claims and make it harder for injured drivers to understand their options.
Our Texas car accident lawyers can help by explaining how state law applies to your situation, managing communication with insurance companies, and reviewing documentation like crash reports and medical records. In more complex cases, legal support can also help address fault disputes, coverage issues, and claim delays, so you’re not left navigating the process alone.
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Texas Car Accident Resources and FAQs
Learning more about Texas car accident laws and insurance rules can make the process feel less overwhelming. See how Trust Guss Injury Lawyers can guide you through the claims process, or check out some of the most frequently asked questions below:
You should always consult an experienced Texas car accident attorney. Our team will answer your questions about the applicable insurance laws to help you get the compensation you deserve. There are often multiple options in place to help you recover in the event of an accident, even if the negligent driver did not have liability insurance.
You have the same rights as every other party, which means you are entitled to recover damages from the person who caused the accident and their insurance company. In some instances, both drivers may share responsibility, so both insurance companies will also be responsible. Juries are often sympathetic to passengers and pedestrians, particularly when it’s obvious they did not contribute to the car accident.
Call your attorney before calling your auto insurance company. Sometimes your attorney will call the insurance company for you to help ensure you do not accidentally accept responsibility for the accident or otherwise implicate yourself and create issues that prevent recovery later in the case.
Make sure you are examined in an emergency room or by your own doctor on the day of the accident, even if you’re not sure you have injuries. This exam will help eliminate questions about the cause of any injuries while also helping ensure your personal safety. Report the accident to the Department of Public Safety if it was not investigated by the police at the scene.
Regional Texas Car Accident Resources
Trust Guss Injury Lawyers works with clients across Texas, providing guidance that reflects both statewide laws and local considerations. You can find location-specific resources and information for communities including:
- Houston (including our main headquarters in Cypress, as well as offices in Downtown and The Heights).
- Katy
- Dallas
Each location page offers additional context for drivers in that area, along with local resources and support options.
We Offer Clarity & Compassionate Care
After Your Texas Car Accident
Texas car accident laws can play a major role in how claims unfold, especially when questions of fault, insurance limits, and injury severity overlap. While every situation is different, understanding the legal framework can help injured drivers feel more confident and less pressured as they consider their next steps.
If you’re exploring your options, learning how Texas law works is a solid place to start, and additional resources are available whenever you’re ready to dig deeper. When you need reliable, trustworthy, and compassionate legal guidance, Trust Guss Injury Lawyers is ready to help 24/7 with a free case review.
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