Driving is a convenience that allows you to get to work, run errands and have fun. However, every time you drive there is a risk of an accident. Knowing Texas car accident laws will help you determine next steps and what you need to do to ensure your rights are protected should you be involved in an accident. Seeking an attorney may be helpful, but here is a broad overview of the laws governing car accidents.
Texas Statute of Limitations
The statute of limitations is the time frame within which you have to file a lawsuit after your accident occurs.
In Texas, you have two years from the time of the accident to file your lawsuit against the person or company who injured you. The time starts the moment the accident occurs, so don’t wait too long to pursue legal action. You may want to consult with an attorney as soon as you can regarding your accident.
Texas Auto Laws
Every state has its set of laws governing drivers on their roads. Knowing these laws will not only help protect you and keep you safe.
- Don’t leave your keys in the ignition. In Texas, leaving your keys in the ignition when parked on a public street or highway is considered a Class C misdemeanor and carries a $500 fine.
- Your car must have working windshield wipers if it has a windshield. However, you aren’t required to have a windshield.
- Seatbelts are required for the driver and all passengers. Adults face a fine of $200. If a child under age 8 is not in a car seat or booster, there is a fine of $250.
- Texting while driving is illegal in Texas. Drivers with a learner’s permit cannot use cellphones at all during the first six months of their permit even if it is hands free.
Car Insurance Requirements in Texas
Like most states, Texas requires car owners to assume financial responsibility if they cause a car crash. Texas drivers assume this responsibility by buying car insurance that meets minimum monetary requirements of liability coverage Those amounts are as follows:
- $30,000 for bodily injury liability per person
- $60,000 for total bodily liability per person
- $25,000 for property damage caused by the accident
Keep in mind these dollar minimums are considered basic coverage and property damages and medical coverage can add up pretty quickly. It may be worth getting higher monetary limits so that your personal assets aren’t subject to potential claims.
Personal Injury Protection (PIP) in Texas
Insurance companies are required to offer personal injury protection on all policies to purchasers of insurance, but it is completely optional to purchase. PIP coverage includes medical coverage and loss of wages for the driver and passenger regardless of who was at fault in the accident.
Texas Is a Fault-Based State
Car accidents can become complicated and determining who caused the ensuing damages is hard. The question that all parties want answered is “who caused the accident?” Texas is a fault-based state, which means the driver who caused the accident will have to pay for the damage.
Fault is usually determined by the insurance company after reviewing police reports and witness statements as well as any photographic evidence. Once it is determined who is at a fault for the injuries and damage, the insurance company will issue a check to the aggrieved party.
However, if you do not believe the settlement offered is fair, you can go to court and seek a judgment.
There are certain caveats to the fault-based rule in Texas:
- If the victim played a role in their injuries (failing to wear a seat belt, speeding, etc), the compensation from the insurance company will be reduced. Texas uses modified comparative negligence laws to determine what is owed to the aggrieved party.
- If it is determined that the victim was more than 51% at fault, they may receive no compensation.
- Determining negligence and fault can be dicey propositions, and requires a thorough review of witness statements, police reports and video footage to make an accurate determination.
How Can an Attorney Help You?
An attorney serves as an advocate for your case and understands the statutes and legal maneuvering that may seem confusing and overwhelming to you. Here are some ways an attorney can help you during your car accident case:
- Represent and advocate for you. A lawyer can negotiate on your behalf with the opposing side and also represent you in court proceedings. Your lawyer will serve as an advocate for your rights.
- Help with the paperwork and all relevant deadlines. Several documents will likely be associated with your case. Your attorney can help you sort through these documents and understand the purpose of the paperwork. Also, if you choose to file suit, an attorney will help you navigate the various deadlines associated with a lawsuit so you don’t have to worry about missing an important date.
- Communicate with all necessary parties. Your attorney will communicate with all relevant parties, including but not limited to insurance company representatives, and if necessary, opposing counsel, as well as the court staff.
- Assess what is in your best interest. An attorney will look at your claims, evaluate the opposing party’s claims and determine what is fair and how much to push. Attorneys have access to previous legal precedent and are also familiar with a particular court’s local culture.