Texas Car Accident Laws Explained | Houston Driver’s Legal Guide

Texas Is a Fault State: What That Means for Houston Drivers

Texas follows an at-fault system for car accidents. This means the driver who caused the crash is legally responsible for the damages. After a car accident in Houston, injured parties can seek compensation by:

• Filing a claim with the at-fault driver’s insurance

• Filing a claim with their insurer (who may then subrogate)

• Filing a personal injury lawsuit against the responsible party

Understanding this basic principle is critical when determining who pays and how much compensation is available.

The 51% Modified Comparative Fault Rule

Texas uses the modified comparative negligence rule with a 51% bar. Here’s how it works:

• You cannot recover damages if you are 51% or more at fault for the accident.

• If you are 50% or less at fault, your compensation is reduced by your percentage of fault.

Example:
If a court finds you 20% at fault and awards $100,000 in damages, you can collect $80,000.

Insurance companies often try to shift blame to reduce their liability. This is why having a car accident attorney in Houston is essential—your legal team will fight to minimize your share of fault.

Time Limits: The Texas Statute of Limitations

In Texas, you have a two-year statute of limitations to file a personal injury lawsuit for a car accident. The clock starts ticking from the date of the crash. Missing this deadline typically results in losing your right to pursue compensation.

Exceptions may apply for:

• Minor victims (clock starts at age 18)

• Mental incapacitation

• Cases involving government entities (require earlier notice)

Acting quickly ensures evidence is preserved and legal deadlines are met.

Texas Minimum Auto Insurance Requirements

All Texas drivers must carry a minimum amount of liability insurance, also known as 30/60/25 coverage:

• $30,000 for injury to one person

• $60,000 total for injury per accident

• $25,000 for property damage

While this may satisfy legal requirements, it often does not cover serious injuries. Many Houston drivers also carry underinsured motorist (UIM) and personal injury protection (PIP) policies for added security.

Reporting Requirements After a Houston Car Accident

Texas law requires drivers to report accidents that result in:

• Injury or death

• Property damage exceeding $1,000

Failing to report can lead to criminal charges. Typically, Houston Police Department officers handle reporting at the scene. If they don’t, you must submit a CR-2 crash report (also known as the Blue Form) to the Texas Department of Transportation.

Common Legal Pitfalls After a Car Crash in Houston

Many victims unintentionally harm their case by making avoidable mistakes. Be aware of the following legal traps:

• Admitting fault at the scene or to insurers

• Delaying medical care, which weakens injury claims

• Providing recorded statements without legal advice

• Accepting a low settlement before knowing the full extent of injuries

• Posting on social media, which may be used against you

Consulting with a Houston car accident attorney early on helps you avoid these missteps and build a stronger case.

Special Rules for Crashes Involving Commercial or Government Vehicles

Accidents involving commercial trucks, rideshare drivers, or government vehicles (e.g., METRO buses) have added legal complexities:

• Commercial vehicles are governed by federal safety regulations

• Government vehicle claims may require a notice of claim within 6 months

• Liability insurance requirements are often higher

Your attorney will determine the best legal strategy and ensure compliance with applicable laws.

Damages You Can Recover Under Texas Law

Victims of car accidents in Houston may be eligible for a wide range of damages, including:

• Medical bills

• Future medical care

• Lost income

• Reduced earning potential

• Vehicle repair or replacement

• Pain and suffering

• Mental anguish

• Punitive damages (in cases of extreme negligence)

Your legal team will document each category and negotiate a settlement that reflects your full losses.

Importance of Legal Representation Under Texas Law

Texas’s legal system allows injured drivers to seek justice, but navigating it without legal guidance can be overwhelming. A Houston car accident attorney will:

• Interpret laws and statutes that apply to your case

• Defend against unfair blame

• Ensure insurance companies follow Texas law

• Accurately assess all categories of damages

With local representation, you’re protected from unfair tactics and supported every step of the way.

Final Thoughts: Know Your Rights and Use the Law to Your Advantage

Understanding Texas car accident laws is key to protecting your financial recovery and legal rights. From comparative fault to insurance rules, the legal framework can work in your favor—if you have the proper legal representation.

If you’ve been injured in a Houston car crash, don’t wait. Speak with an experienced attorney who understands the intricacies of Texas law and will fight for the compensation you deserve.