When you’re in a car accident, your primary focus should be on recovering from your injuries. However, you’re also stuck struggling with the legal implications of what has just happened.
Your future could be greatly impacted by this event, and the steps you take as you file your injury claim can make all the difference. Understanding auto accident laws in Texas and how they may affect your claim is important for moving forward.
Important Laws That Can Affect Your Car Accident Claim
While there are many legal implications in car accidents, these are the most important to know.
Duty to Report a Crash
Texas laws state that when there is a motor vehicle crash that involves injuries or fatalities, you must call the police to report it. You will also need to call 911 if any of the vehicles cannot be moved on their own or if the property damage is over $1,000.
Since vehicle repairs are incredibly pricey, it’s best to err on the side of caution and always report accidents to the police. Even if it’s minor, you will have a police report to serve as evidence for your car accident claim.
Failing to report a car accident promptly could result in criminal charges and an array of legal penalties. You generally have a 10-day window to report the accident, though it’s advised that you do not wait to call the police.
Comparative Fault Laws
Texas follows an at-fault insurance model, meaning that the driver who caused the accident is liable for compensating those with injuries. Naturally, this will likely result in finger-pointing, though accident reconstruction and investigations will pinpoint who caused it and assign blame.
Even if you think you didn’t do anything wrong, the modified comparative fault laws in this state may mean that you incur partial fault. Modified comparative negligence states that if you are 51% or more at fault for the auto accident, you will be barred from recovering compensation for your claim. This is why many car crash victims seek legal representation to protect their rights.
Car Accident Insurance Limits
As with any state, car insurance is required for all drivers in Texas. You must meet the 30/60/25 coverage minimums. This includes $30,000 for injuries per party, up to $60,000 per accident, and $25,000 for property damage.
You can also add optional coverage, such as uninsured or underinsured motorist coverage. While optional coverages are not required, they can offer you extra protection in the event of a crash to ensure you get the money you need.
Time Limits for Filing Car Accident Claims in Texas
When you are making a car accident claim through insurance, you may find that you are either offered too low of a settlement or that your claim is denied. It can be frustrating to get the money you need to cover the expenses you incurred because of someone else’s negligence.
Fortunately, you can file a personal injury lawsuit, but you need to act quickly. The statute of limitations for car accidents is two years from the date of your crash. If you are filing a wrongful death lawsuit on behalf of a family member, you will have a four-year deadline.
There are special circumstances that may allow for an extension. In general, if you miss this timeframe to file, you will miss your chance to bring your claim. With these laws in place, it’s always prudent to speak with an attorney about your case and get the ball rolling quickly to recover compensation.
