After a Texas car accident, get to a safe place if you can. Call 911 if anyone is hurt, killed, or there is major property damage. Exchange contact and insurance information with the other driver, take photos or videos of the scene, and avoid saying the crash was your fault.
Texas drivers must have at least $30,000 in bodily injury coverage per person, $60,000 per accident, and $25,000 for property damage. You generally must report a crash that causes injury, death, or at least $1,000 in apparent damage.
Texas follows a shared-fault rule. If you are partly to blame, your compensation may be reduced by your percentage of fault. If you are more than 50% at fault, you usually cannot recover damages. Most car accident claims must be filed within two years.
Quick Navigation
Key Takeaways
- Move to a safe place after a crash. Call 911 if anyone is hurt or the damage is serious. Exchange contact and insurance information, take photos, and do not leave the scene.
- Texas drivers must have at least $30,000 in coverage for one injured person, $60,000 total for injuries in one accident, and $25,000 for property damage. Show proof of insurance if an officer asks.
- Texas follows a shared-fault rule. You can still recover money if you are 50% or less at fault, but your payment will be reduced by your share of the blame.
- Keep photos, witness contact information, police reports, medical records, repair estimates, and messages about the crash. These records can help prove who was at fault and what you lost.
- In most cases, you have two years to file a lawsuit for injuries or property damage from a car accident in Texas. Some exceptions may give you more time.
What to Do After a Texas Car Accident
After a Texas car accident, focus on safety first. If you can, move to a safe place away from traffic. Call 911 if anyone is hurt or if there’s major vehicle damage. Wait for police to arrive.
Exchange names, contact details, driver’s license information, and insurance information with the other driver. Take photos of the vehicles, the road, traffic signs, damage, and any visible injuries. Don’t admit fault or apologize for causing the crash.
See a doctor as soon as possible, even if you feel okay at first. Some injuries can take time to show up. Keep copies of medical records, repair estimates, receipts, photos, and messages with insurance companies.
Before you give a recorded statement to an insurance company or accept a settlement offer, consider speaking with a Texas car accident lawyer. A lawyer can explain your options and help protect your claim.
When You Must Report a Texas Crash
In Texas, you must report a crash to law enforcement if it causes an injury, death, or at least $1,000 in apparent vehicle damage. This can apply even if the crash happens on private property and police assistance is needed.
Do not leave the scene just because the damage looks minor.
- Call 911 right away if anyone is injured or killed.
- Contact local police or the Texas Department of Public Safety if the crash meets the reporting requirements.
- Stay at the scene, cooperate with officers, and give accurate information for the crash report.
Leaving the scene, failing to report a crash, or failing to help an injured person can lead to fines, license penalties, and criminal charges in Texas. Act quickly and protect your rights.
Texas Car Accident Insurance Requirements
In Texas, drivers must have at least:
- $30,000 for injuries to one person
- $60,000 total for injuries in one accident
- $25,000 for property damage
You must show proof of insurance if law enforcement asks for it. If you drive without the required coverage, you may face fines, a suspended license, and personal responsibility for crash-related damages.
Minimum Liability Coverage
Minimum Liability Coverage in Texas
To drive legally in Texas, you must carry at least “30/60/25” liability insurance. That means your policy must provide:
- $30,000 for injuries or death to one person in a crash you cause.
- $60,000 total for injuries or death to everyone hurt in the crash.
- $25,000 for damage to other people’s property, such as their vehicle.
This coverage pays for the other person’s injuries and property damage when you cause a crash. It doesn’t pay for your own medical bills, lost wages, or vehicle repairs.
Minimum coverage may not be enough after a serious crash. You may want higher limits to better protect your savings, income, and other assets if the damages exceed your policy limits.
Proof Of Financial Responsibility
Texas law requires drivers to show proof of financial responsibility when requested by law enforcement, after a crash, and during certain registration or inspection-related transactions. Usually, this means showing a current insurance card, policy declaration page, or electronic proof of insurance on your phone.
If you can’t show valid insurance coverage, you could receive a ticket, have trouble registering your vehicle, face a license suspension, or even have your vehicle impounded. You may also pay higher insurance rates later.
After a crash, keep your insurance information available and exchange it with the other drivers involved. Keeping clear records can also help protect your injury claim, especially if hospitals, health insurers, or medical providers claim part of your settlement through a medical lien.
How Texas Determines Car Accident Fault
How Texas Determines Car Accident Fault
Texas decides who caused a car accident by looking at what each driver did before and during the crash. Evidence may include traffic-law violations, witness statements, police reports, vehicle damage, photos, and video footage. It’s important to save evidence quickly because insurance companies often start investigating right away.
Texas compares each person’s actions and assigns a percentage of fault based on the facts.
- Police officers may note traffic violations, road conditions, and statements from the drivers and witnesses.
- Insurance companies compare the vehicle damage with each driver’s version of what happened.
- Photos, videos, traffic cameras, vehicle data, and independent witnesses can help resolve disagreements about the accident.
You can help protect your claim by getting a copy of the crash report, saving texts and other communications, taking photos of the scene and damage, and avoiding guesses or statements about who was at fault.
How Shared Fault Affects Your Recovery
In Texas, you can still recover compensation if you were partly at fault for a crash. However, your compensation is reduced by your percentage of fault. For example, if you’re found 20% at fault, your damages are reduced by 20%.
You usually can’t recover compensation if you’re more than 50% responsible for the accident.
Texas Modified Comparative Fault
When more than one driver causes a crash, Texas law may reduce the amount you can recover based on your share of faultyour For example, if you’re found 20% at fault, your recovery may be reduced by 20%. If you’re more than 50% at fault, you generally can’t recover damages.
Insurance companies may try to place more blame on you than the facts support. Protecting evidence early can help.
- Save photos, videos, witness contact information, and vehicle data.
- Don’t admit fault at the scene or during recorded insurance calls.
- Consider working with a lawyer to challenge unsupported claims and document what each driver did.
Courts and juries look at everyone’s actions, including speeding, distracted driving, unsafe turns, and failing to yield. A careful review of the evidence can help determine who was at fault.
Recovery Reductions By Percentage
Recovery Reductions Based on Fault
In Texas, your compensation can be reduced if you were partly at fault for an accident. Your recovery is reduced by the percentage of fault assigned to you. If you are 51% or more at fault, you cannot recover compensation.
Insurance companies may try to place more blame on you to reduce what they have to pay. Evidence, witness statements, photos, and accident reports can help show what really happened.
| Your Fault | Total Damages | Recovery |
|---|---|---|
| 10% | $100,000 | $90,000 |
| 40% | $100,000 | $60,000 |
This reduction can apply to medical bills, lost wages, and pain and suffering. Do not accept an insurance company’s fault decision without reviewing the facts. A Texas attorney may be able to challenge unfair blame and help you seek the compensation available to you.
Damages Available in Texas Car Accident Claims
Fair compensation can help you recover losses caused by a car accident in Texas. Depending on your case, you may be able to seek money for more than just vehicle repairs.
- Economic damages cover financial losses, such as medical bills, rehabilitation costs, lost income, reduced ability to earn a living, and vehicle or other property damage.
- Noneconomic damages cover personal losses that don’t have a clear dollar amount, such as physical pain, emotional distress, permanent limitations, and scarring or disfigurement.
- Exemplary damages—sometimes called punitive damages—may be available in limited cases when there’s clear evidence of fraud, malice, or gross negligence.
Texas law generally limits the amount of exemplary damages a person can receive. To pursue damages, you’ll need evidence showing your losses and connecting them to the accident.
Deadlines for Texas Car Accident Claims
Texas law gives you a limited time to file a lawsuit after a car accident. In most cases, you have two years from the date of the crash to sue for injuries or damage to your vehicle. This deadline is set by Texas Civil Practice and Remedies Code Section 16.003.
If you miss the deadline, you may lose your right to recover compensation, even if the other driver caused the accident. In some situations, the deadline may be extended, such as when the at-fault driver leaves Texas, hides their actions, or an injured person is a minor.
Do not assume an exception applies to your case. Save evidence, report the accident to your insurance company, and speak with a Texas car accident attorney as soon as possible to understand the deadlines that apply.
Frequently Asked Questions
Can I Sue an Uninsured Driver in Texas?
Yes. You can sue an uninsured driver in Texas for the damages they caused. To win, you generally need to show that the driver was at fault and that you suffered losses, such as medical bills, lost income, vehicle damage, or pain and suffering.
You should also check your own auto insurance policy for uninsured/underinsured motorist coverage, which may help pay for your losses if the at-fault driver has no insurance.
What Happens if a Rental Car Is Involved?
A rental car accident can create extra insurance questions. Check the rental agreement, report the crash to the rental company and your insurer, and seek payment from the at-fault driver’s insurance when appropriate.
Can I Recover Compensation for Emotional Distress?
Yes. In Texas, you may be able to recover compensation for emotional distress if you can show that the crash caused it. Keep records of your symptoms, medical or counseling treatment, missed work, and how the accident has affected your daily life.
Are Dashcam Recordings Admissible in Texas Court?
Yes. Dashcam recordings can be used as evidence in Texas court if they are relevant and can be shown to be authentic. The footage is most useful when it clearly shows the accident, road conditions, or what happened afterward.
Do Texas Car Accident Settlements Affect My Taxes?
A Texas car accident settlement may affect your taxes. Money you receive for physical injuries is usually not taxable. However, other parts of a settlement—such as payment for lost wages, interest, or punitive damages—may be taxable. Before accepting a settlement, speak with a Texas attorney or tax professional.
Conclusion
After a Texas car accident, you do not have to handle everything alone. Get medical care, take photos and gather information about the crash, and report the accident if the law requires it. Be careful about accepting a quick insurance offer, because it may not fully cover your injuries, car repairs, lost wages, or other costs.
Texas law looks at who caused the accident. If you were partly at fault, it may reduce the amount you can recover. There are also deadlines for filing an insurance claim or lawsuit, so it is important to act quickly. Understanding your rights can help you seek fair compensation and move forward.
