If you’ve been in an accident, you’re focusing on physical recovery, and the last thing on your mind is a liability and the legal implications of what happened. But your future may be on the line if you’re not focused on the steps to take to file an insurance claim or a personal injury lawsuit.
As car accident lawyers, Gibbs & Crivelli, Slingshot Law are here to provide you with insight into Texas car accident laws and different laws and practical steps you can take to protect your rights. If you’re not sure what car accident laws will impact your claim, read on to learn more.
When to Report a Car Accident in Texas
If the crash resulted in serious injury or death, the Texas Transportation Code requires drivers to report any motor vehicle accident to the police or the sheriff’s local office in a timely manner. You must also report the crash if any vehicle involved can’t be driven after being damaged in the wreck.
If you fail to report a car accident in a timely manner, according to Texas law, you could be arrested for hit-and-run and face legal penalties such as jail time or a fine of up to $5,000.
Texas Comparative Fault Laws
Texas is an at-fault insurance state, which means when you are in an accident, one driver is found at fault, and the compensation for injuries comes from that driver’s liability insurance. This is different from states with no-fault insurance laws, where your own personal injury protection coverage pays for your injuries regardless of who was responsible for causing the accident.
Texas has modified comparative fault car accident laws, which means that you may collect less in damages if you’re found to be partially liable. The 51 percent rule states that if you’re found to be 51 percent or more at fault for the wreck, you’re barred from recovering any money from an injury claim.
Texas Car Accident Insurance Limits
Texas law insurance limits require all drivers to have a minimum of $30,000 in coverage for injuries per party, up to $60,000 per accident. The state also mandates $25,000 in coverage for property damage.
These car accident insurance laws in Texas are referred to as 30/60/25 coverage. Many drivers also purchase additional liability insurance coverage. In case of an accident, this coverage can help you get the funds you need for a full recovery.
Accidents Involving a Commercial Vehicle
If you’ve been injured in an accident with a commercial vehicle in Texas, you may qualify for damages from the driver’s employer or their insurance company. These groups may be liable for any injuries the driver caused.
Commercial drivers are required to have an insurance policy that covers them when they’re on the job, but it may be insufficient to cover all of your injuries. If the driver has no insurance or can’t pay, then their employer may be responsible for covering your medical bills and other damages. That’s why it’s crucial to report the incident in a timely manner.
When it comes to commercial drivers’ insurance companies, especially larger ones, there are still plenty of resources available for victims. Talk to your lawyer so that you don’t miss out on any compensation that should be paid out to you.
Statute of Limitations on Texas Car Accidents
In Texas, the statute of limitations for personal injury cases is two years, and it’s four years for wrongful death cases. This means that if your car accident took place more than two years ago, your claim will likely be barred by the statute of limitations unless there are special circumstances that extend it further.
You should contact a lawyer if you have questions about whether your case has been dismissed on these grounds. Your lawyer can help you take action now if your claim is in danger and you’re seeking compensation for the suffering you endured.
Learn More with a Texas Car Accident Attorney
Modified comparative fault, insurance limits, and Texas’ statute of limitations can be confusing. To bring a successful claim for your damages, reach out for help from an accident lawyer who can guide you through the laws impacting your claim.
The attorneys at Gibbs & Crivelli, Slingshot Law know how to use Texas car accident laws to your advantage against the big insurance companies. We’re able to help with all types of claims. If you have questions or need legal guidance, please contact our office through our website or call 800-488-7840 for a free consultation.
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