Texas Car Accident Laws

Navigating Texas Car Accident Compensation Laws

Auto accidents are an unfortunate and common occurrence in Texas, making familiarity with the state’s car accident compensation laws crucial for many drivers. This guide will provide you with the essential information you need to navigate the aftermath of an accident, understand Texas’ fault and modified comparative negligence rules, and seek appropriate compensation for your injuries and losses.

What Should You Do After an Accident?

In the immediate aftermath of a car accident, it’s important to follow these steps:

1. Don’t Leave the Scene: Leaving the scene, even if it’s a minor accident, could be considered an illegal hit-and-run.
2. Get to Safety and Check for Injuries: Move out of traffic if possible and check everyone for injuries. Provide first aid if needed.
3. Call for Help: Contact the Texas highway patrol or local police for assistance and medical help. Obtain a copy of the police or accident report.
4. Collect Information: Gather contact and insurance information from all drivers involved.
5. Document the Scene: Take photos of the accident scene and collect contact information from witnesses. Check for any available security camera footage from nearby businesses or homes.
6. Notify Your Insurance Company: Inform your insurance adjuster about the accident and the potential claim.
7. Seek Medical Attention: Even if you don’t feel injured, get a medical evaluation to identify any possible injuries.

Texas Car Accident Compensation Laws: At a Glance

Statute of Limitations: Two years (§ 16.003(a))

Limits on Damages:

• $100,000 if the accident occurred during a public servant’s duties (§ 108.002)
• Community service liability: Damages limited for claims arising from community service (§ 65.106)
• Exemplary damages: Capped at the greater of three sums (§ 41.008):
• $200,000
• Twice the amount of economic damages + $750,000
• Twice the amount of economic damages + the amount of non-economic damages (excludes felony conduct)

Other Limits:

• 50% Modified Comparative Negligence (§ 33.001)

It’s important to stay updated on these laws, as they can change through new legislation, court rulings, and other means. Always consult an attorney or conduct legal research to confirm the current laws.

Texas “Fault” and “50% Modified Comparative Negligence” Laws

Texas operates under a “modified comparative negligence” rule. To recover damages, you must prove that another driver was at fault. If both parties share fault, you can still recover damages as long as you are no more than 50% at fault. However, your compensation will be reduced by your percentage of fault.

Types of Damages Allowed in Texas

Economic Damages: These cover out-of-pocket expenses resulting from the accident, including:

• Vehicle repairs
• Lost wages
• Lost earning capacity
• Household services
• Future medical expenses

Non-Economic Damages: These cover intangible losses, such as:

• Pain and suffering
• Disability
• Loss of companionship

In rare cases, exemplary (punitive) damages may be awarded if the injuries were caused by willful acts, omissions, or gross negligence.

Limits on Damages in Texas

Texas has specific limits on the amount of damages that can be recovered:

• Exemplary Damages: Limited to the greater of three sums: $200,000, twice the amount of economic damages plus $750,000, or twice the amount of economic damages plus non-economic damages. This limit does not apply to felony conduct.
• Community Service Claims: If the responsible party was engaged in community service, damages are limited to $100,000 per person, $300,000 total per accident for personal injury or death, and $10,000 total per accident for property damage.
• Statute of Limitations: You have two years to file a lawsuit for personal injuries or property damage resulting from a car accident.

Seeking Legal Help

Navigating the Texas legal system for car accident compensation can be challenging. A skilled Texas attorney can help you understand your rights, evaluate the strength and value of your claim, and guide you through the legal process to maximize your compensation.

Conclusion

Being informed about Texas car accident compensation laws can make a significant difference in the outcome of your case. By following the proper steps after an accident and understanding the legal framework, you can better protect your rights and seek the compensation you deserve. For personalized guidance and support, contact a Texas car accident attorney to discuss your specific situation and legal options.