Car Accident Laws in Texas
From congested highways in Dallas to rural collisions in West Texas, car accidents are unfortunately common across the Lone Star State. If you’ve been injured in a crash, Texas law provides a clear path for recovering damages, but there are specific rules you need to understand. This guide covers your rights after a car accident in Texas, including how fault is determined, insurance requirements, claim deadlines, and how to handle rideshare or uninsured driver claims.
Texas Is an At-Fault State
Texas follows a fault-based system for auto accidents. This means the driver who caused the crash is financially responsible for injuries and property damage. If you were hurt, you may:
- File a claim with the at-fault driver’s insurance company
- File a claim with your own insurer (who may pursue reimbursement)
- File a personal injury lawsuit against the at-fault party
You do not have to use your own insurance unless you have applicable coverage like PIP or MedPay.
Modified Comparative Fault Rule
Texas applies a modified comparative fault rule with a 51% bar. You can recover damages only if you were less than 51% at fault. If you’re found 51% or more responsible, you cannot recover any compensation.
Your settlement or court award will be reduced by your percentage of fault. For example, if you’re 20% at fault and your damages total $50,000, you would receive $40,000.
Minimum Insurance Requirements in Texas
To drive legally in Texas, you must carry at least:
- $30,000 in bodily injury liability per person
- $60,000 in bodily injury per accident
- $25,000 in property damage
This is sometimes called 30/60/25 coverage. Drivers may also purchase uninsured/underinsured motorist (UM/UIM) coverage, personal injury protection (PIP), or medical payments (MedPay) coverage for additional protection.
Statute of Limitations for Car Accident Claims
In Texas, you must file a personal injury or property damage lawsuit within two years of the date of the accident. If the crash results in a death, a wrongful death claim must also be filed within two years from the date of death.
Missing this deadline could result in your case being dismissed, so it’s important to act promptly.
Reporting a Car Accident in Texas
Texas law requires you to report a crash to the police if:
- Someone was injured or killed
- Property damage appears to exceed $1,000
You should contact law enforcement at the scene and request a crash report. This report will be a key piece of evidence when filing a claim or lawsuit.
Personal Injury Law in Texas
Texas personal injury law allows you to seek compensation when someone’s negligence causes harm. This applies not only to auto accidents, but also to motorcycle crashes, truck accidents, pedestrian injuries, slip and falls, and defective products.
There are no caps on economic or non-economic damages in car accident cases. However, punitive damages (exemplary damages) are capped at the greater of:
- $200,000, or
- Twice the amount of economic damages plus up to $750,000 in non-economic damages
What Compensation Can You Recover?
In a Texas car accident case, you may be able to recover:
- Medical bills and future treatment costs
- Lost income and reduced earning capacity
- Pain and suffering
- Property damage
- Emotional distress
- Physical impairment or disfigurement
The more serious your injuries, the higher your potential recovery, especially if the accident results in long-term disability or scarring.
Rideshare Accidents in Texas
If you’re injured in an accident involving Uber, Lyft, or another rideshare company in Texas, coverage depends on the driver’s activity at the time of the crash:
- App on, no ride accepted: $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage
- Ride accepted or passenger in car: $1 million in third-party liability
Passengers, pedestrians, and drivers hit by a rideshare vehicle may be eligible to file a claim through these policies. These cases can be complex, so working with an attorney is strongly advised.
What Happens if the At-Fault Driver Is Uninsured?
Texas drivers can purchase UM/UIM coverage to protect themselves if hit by someone with no or too little insurance. If you don’t carry this coverage, your options may be limited, especially if the driver has few personal assets.
You may also be able to file a claim through your PIP or MedPay policy to cover immediate medical expenses.
Do You Need a Lawyer for a Car Accident in Texas?
While minor claims can sometimes be handled without an attorney, complex cases or those involving serious injuries often require legal help. A Texas car accident lawyer can help gather evidence, communicate with insurance companies, and fight for the compensation you deserve.
Most lawyers work on a contingency fee basis and offer free consultations, so there’s no cost to explore your legal options.