Understanding Texas Car Accident Laws Before Filing a Claim

Car accidents happen in an instant, but the aftermath can be confusing and overwhelming — especially if you’re facing medical bills, lost income, and complicated legal procedures. If you’ve been injured in a crash in Texas, knowing the state’s laws before filing a claim can make a significant difference in how much compensation you receive and how smoothly the process goes.

From understanding fault and liability to knowing the deadlines for legal action, being informed helps you protect your rights and avoid costly mistakes. Here’s what every driver should understand about Texas car accident laws before pursuing a claim.

Texas Is a Fault-Based State

One of the most important things to know about Texas car accident law is that it operates under a “fault-based” or “tort” system. This means the person responsible for causing the accident — or their insurance company — is liable for paying damages to the injured party.

This system gives you several options for seeking compensation. You can file a claim directly with the at-fault driver’s insurance company, file a claim with your own insurer (who may then seek reimbursement from the at-fault party), or file a lawsuit in civil court. Choosing the right option often depends on the severity of your injuries, the extent of your damages, and the cooperation of the insurance companies involved.

Comparative Negligence and How It Affects Your Claim

Texas follows a “modified comparative negligence” rule, which can significantly impact how much compensation you receive. Under this system, your compensation is reduced by your percentage of fault in the accident. For example, if you’re awarded $100,000 in damages but are found to be 20% at fault, your compensation will be reduced to $80,000.

However, there’s an important catch: if you are found to be more than 50% responsible for the crash, you cannot recover any compensation at all. Because of this, insurance companies often try to argue that the injured party shares more blame than they actually do. Having strong evidence and legal representation is crucial to ensuring fault is assigned fairly.

Statute of Limitations: The Deadline to File a Claim

Time is a critical factor in any car accident claim. In Texas, the statute of limitations — the legal deadline for filing a lawsuit — is generally two years from the date of the accident. If you miss this deadline, you lose your right to pursue compensation, no matter how strong your case may be.

There are a few exceptions. For example, if the injured person is a minor or if the at-fault driver fled the scene and was later identified, the deadline might be extended. Still, it’s always best to act quickly to preserve evidence and ensure your legal rights remain protected.

Minimum Insurance Requirements and Coverage Options

Texas law requires all drivers to carry minimum liability insurance to cover damages if they cause an accident. The current minimum coverage amounts are $30,000 for bodily injury per person, $60,000 per accident, and $25,000 for property damage. This is often referred to as “30/60/25” coverage.

While these limits are mandatory, they are often insufficient to cover serious injuries or extensive property damage. Many drivers choose to carry higher liability limits or additional coverage like uninsured/underinsured motorist protection and personal injury protection (PIP) to provide more financial security in case of a crash.

The Role of Evidence in Texas Car Accident Claims

Proving fault and demonstrating the extent of your damages are key to a successful claim. Evidence such as police reports, witness statements, photographs of the scene, medical records, and repair estimates all play a crucial role.

Texas law also allows the use of traffic camera footage, dashcam videos, and cell phone records as evidence if they are available. Because evidence can quickly disappear or become harder to obtain, gathering and preserving it as soon as possible after the accident is essential.

Dealing with Insurance Companies

Insurance companies are businesses focused on minimizing payouts, and they often employ tactics to reduce or deny claims. Adjusters may pressure you into accepting a quick settlement, argue that your injuries are pre-existing, or attempt to shift blame.

Before speaking to an insurance adjuster or signing any documents, it’s wise to consult with an attorney who can protect your interests and ensure you don’t settle for less than you deserve. An experienced Houston Car Accident Lawyer can negotiate on your behalf, gather critical evidence, and help you navigate the legal complexities of your claim.

Additional Legal Considerations in Texas

There are other legal factors that can influence your case. For example, Texas has a “dram shop law” that may hold bars and restaurants liable if they overserve alcohol to someone who later causes an accident. In cases involving government vehicles or road hazards, special procedures and shorter deadlines may apply.

Punitive damages may also be available in cases involving gross negligence, such as drunk driving or reckless behavior, though they are typically awarded only in extreme circumstances.

Final Thoughts

Filing a car accident claim in Texas involves more than submitting paperwork — it requires a solid understanding of state laws, fault rules, deadlines, and legal procedures. Taking the right steps early, collecting strong evidence, and seeking professional guidance can significantly increase your chances of receiving fair compensation.

While the legal process can feel overwhelming, knowing your rights and responsibilities is the first step toward rebuilding your life after a crash. With the right information and support, you can protect your interests and move forward with confidence.