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Texas Car Accident Laws: Driver Essentials

Austin car crashes frequent; Texas laws crucial to avoid legal trouble.

Published October 9, 2024 at 2:58pm by


Car Accidents in Texas: Key Laws and Steps to Take

Car accidents are prevalent in Texas, with 559,402 crashes in 2023, including 35,376 in Austin alone. This equates to approximately 1,532 accidents daily statewide and 97 in Austin. Given Texas' vast highways, bustling cities, and rural roads, understanding the laws governing car accidents is crucial.

Texas Is a “Fault” State

Texas operates under an at-fault system for car accidents, meaning the driver responsible for the crash bears the cost of damages and injuries. The Texas Transportation Code, Section 601.072, mandates minimum liability coverage:

  • $30,000 for one person's injury or death
  • $60,000 for two or more persons
  • $25,000 for property damage

Failing to carry this insurance can result in fines and license suspension. Additional coverage options include Personal Injury Protection (PIP), Medical Payments (MedPay), and Uninsured/Underinsured Motorist (UM/UIM) to protect yourself regardless of fault.

Comparative Negligence

Texas follows the comparative negligence rule, allowing for shared responsibility in an accident. If you are found partially at fault, your compensation decreases by your percentage of responsibility. If you are over 50% liable, you receive no compensation due to the 51% Bar Rule under the Texas Civil Practice & Remedies Code, Section 33.001.

What To Do After a Car Accident in Texas

Follow these steps to protect your rights and comply with legal requirements:

1. Stop at the scene: Leaving the scene can result in hit-and-run charges.
2. Call the authorities: Report accidents involving injury, property damage over $1,000, or death.
3. Exchange information: Share insurance details, driver's license, name, phone number, vehicle make, model, and license plate number.
4. Document the scene: Photograph injuries, skid marks, vehicles, and the surrounding area.
5. Seek medical attention: Some injuries may not be immediately apparent.
6. Notify your insurer: Report the accident to your insurance provider immediately.

Statute of Limitations

Drivers have two years from the accident date to file personal injury, property damage, or wrongful death claims, per Section 16.003 of the Civil Code.

Understanding Texas' car accident laws helps drivers manage the aftermath confidently. For legal assistance, consider consulting Oberg Texas car accident lawyers in Austin.

Read more: Texas Car Accident Laws: What Every Driver Should Know