Texas auto accident lawyer — If you’re involved in a car wreck in Texas, understanding your rights and obligations is essential. From reporting requirements to deadlines for filing lawsuits, Texas law sets clear rules that can make or break your claim. Below, we outline the most important laws every Texas driver should know after a crash. For a plain-English primer on coverage rules, see Is Texas a No-Fault Insurance State?
1. Texas Is a Fault-Based State
Unlike “no-fault” states, Texas follows a fault system. That means the driver who caused the accident is financially responsible for damages, typically through their insurance policy. Injured parties may:
- File a claim with the at-fault driver’s insurer,
- File a claim with their own insurer (which may seek reimbursement), or
- File a lawsuit directly against the at-fault driver.
This fault system is governed by Texas’s civil liability rules under the Civil Practice & Remedies Code. If you’re worried you might share some blame, read What If You’re Partly at Fault for a Texas Car Accident?
2. Reporting Requirements After an Accident
Texas law requires certain crashes to be reported to law enforcement. Under Transportation Code §550.026, you must report a crash if it causes injury, death, or property damage of $1,000 or more.
Police who respond must prepare and file a crash report (Form CR-3) with the Texas Department of Transportation (TxDOT) within 10 days. (Transportation Code §550.062.)
You can later obtain this report through TxDOT’s Crash Records Information System, which is often required by insurers when processing claims. Step-by-step basics are in Reporting Rules After a Car Accident.
3. Comparative Negligence in Texas
Texas applies a modified comparative negligence rule. Under Civil Practice & Remedies Code §33.001, an injured person may recover damages only if they are less than 51% responsible for the accident.
For example: If you are found 20% at fault for a Dallas crash, your compensation is reduced by 20%. If you are 51% or more at fault, you cannot recover at all. Learn how this works in practice: Texas Comparative Negligence in Personal Injury.
4. Minimum Insurance Requirements
Texas requires drivers to carry minimum liability insurance known as 30/60/25 coverage:
- $30,000 for injuries per person,
- $60,000 total per accident, and
- $25,000 for property damage.
(Transportation Code §601.072.) To protect yourself beyond the minimums, review Should I Buy Uninsured Motorist Coverage in Texas? and What Is PIP Coverage and Do I Need It in Texas? If the other driver lacks coverage, see What Happens If You’re in an Accident with an Uninsured Motorist?
Commercial vehicles, including 18-wheelers, often carry much higher minimums under federal and state law. For differences in commercial claims, see How Commercial Vehicle Accidents Differ in Texas.
5. Statute of Limitations
Texas law sets a strict deadline for filing auto accident lawsuits. Under Civil Practice & Remedies Code §16.003(a), you generally have two years from the date of the crash to file a personal injury or property damage claim.
Missing this deadline can bar your recovery entirely, regardless of how strong your case is. For timing specifics, read Texas Injury Lawsuit Deadline, Texas Personal Injury Statute of Limitations, and (auto-specific) What Is the Statute of Limitations in Texas Auto Accident Cases?
Quick Reference: Texas Auto Accident Laws
| Key Issue | Texas Law | What It Means for Drivers |
|---|---|---|
| Fault system | Civil liability rules | At-fault driver pays damages. If you’re partly at fault, see partial-fault guide. |
| Reporting crashes | Transp. Code §550.026, §550.062 | Report injury/death/$1,000+ damage; police file CR-3; how-to: reporting rules |
| Comparative negligence | CPRC §33.001 | Recovery barred if 51% or more at fault; see comparative negligence |
| Insurance minimums | Transp. Code §601.072 | 30/60/25 required; consider UM/UIM and PIP |
| Deadline to sue | CPRC §16.003 | Two years from date of crash; details: injury lawsuit deadline |
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. Reading this article does not create an attorney-client relationship.
