Texas Car Accident Law

Texas Car Accident Fault

Texas has adopted the Proportional Comparative Fault at 51% standard of negligence. Proportional Comparative Fault at 51% means that if the injured party is 51% or more at fault in the car accident, he is absolutely barred from recovery for the other driver’s negligence.

TEXAS CAR INSURANCE REQUIREMENTS AND LIMITS

Texas Bodily Injury Liability Minimum Coverage

Personal Injury (single passenger): $25,000 in coverage for injury to an individual.

Personal Injury (multiple passengers): $50,000 in coverage for the driver and passengers in the car at the time of the accident.

Property Damage: $25,000 of minimum coverage.

Texas Small Claims Limit: Car accident claims under $10,000 should be filed in Small Claims Court.

Texas Personal Injury Statute of Limitations: The statute of limitations for personal injury claims in Texas is 2 years from the date the injury occurred, or the time the injury was discovered if it could not have been immediately discovered.

Texas Statutes Online: Texas Civil Practice and Remedies Code § 16.001 et seq. (Statute of Limitations for Personal Injury); Texas Transportation Code Chapter 601) (Insurance Requirements); Texas Government Code, Title 2, Subtitle A, Ch. 28, Sections 001-055; Texas Rules of Civil Procedure, Part V, Rules of Practice for Justice Courts, Rules 523 through 591 (Small Claims Limits).

TEXAS CAR ACCIDENT REPORTS

Texas Police Reports: You can request a copy of a Texas Peace Officer’s Crash Report (Form CR-3) of your car accident by filling out a Request for a Texas Peace Officer’s Crash Report and submitting it online. If the police were not contacted, you can request a copy of the car accident report filed by another driver, called a Request for a Driver’s Crash Report.

DMV: After a car accident, compete and submit a Driver’s Crash Report (Form CR-2) to the Texas Department of Transportation within 10 days of the car accident. All car accidents must be promptly reported to law enforcement authorities if there is property damage of $1,000 or more, or if the car accident results in fatalities or injuries.

Insurance Notification: You should promptly notify your auto insurance company of a car accident, and ask the insurance company to file a report. Additionally, your insurance company may have specific notification requirements, so you should check your insurance policy for these notice requirements.