Understanding Texas car accident laws is essential if you recently had a car accident. This guide provides up-to-date information for 2024, with particular emphasis on Houston, a city known for its complex traffic environment.
In this guide, we discuss the complexities of the Houston traffic conditions, what to do immediately after a car accident, relevant laws to be aware of, the common types of accidents and injuries, and filing a claim with the help of an attorney.
Houston’s traffic conditions are less than favorable, leading to increased accidents and severe injuries due to:
- Insufficient public transportation—public transportation is not readily available within the city;
- Urban sprawl—Houston is a large city with many suburban neighborhoods surrounding it, resulting in many drivers having long commutes;
- Rapid growth—Houston is one of the fastest-growing cities in the country, leading to a quick influx of vehicles on the road; and
- Post-pandemic return to office—Many individuals are transitioning back to the office after the pandemic, increasing traffic congestion.
Undoubtedly, the traffic situation in Houston could be better.
What to Do Immediately After a Car Accident in Texas
Steps should be taken immediately after a car accident in Houston to ensure your safety and adequately document what happened.
Ensure Your Safety and Call 911
In those moments after a car wreck, ensure your and anyone else’s safety and call 911 for immediate emergency assistance. Law enforcement, EMS, and fire will respond to the scene if necessary.
The responding police officer can investigate the crash and generate an accident report, which you will need later. EMS can transport you to the nearest emergency room for immediate medical attention.
Document the Scene
If you are physically able, you should document what you can and gather any pertinent evidence at the accident scene. Snapping pictures of the vehicles and any injuries with your phone is the best way.
You can also gather eyewitness contact information and note any potential video surveillance that may have overlooked the crash.
Report the Accident to Your Insurance
Within the hours or days following the accident, you must notify your insurance company even if you believe the other driver was at fault. The law requires you to notify your insurance company that you were involved in a wreck.
Your insurance company or the other driver’s insurance carrier may contact you to provide a recorded statement of what occurred. Be cautious about what you say.
You should remain truthful and factual, but be careful not to say anything that can imply fault. Speaking with an attorney before providing this statement can be helpful to avoid saying something that may harm your case.
Continue with Medical Treatment
Seeking medical assistance or continuing with prescribed medical treatment will be key to your recovery and pursuing a successful claim. Follow through with treatment and medical advice to avoid the insurance company denying you compensation.
Many injuries are not readily apparent just after the crash but only appear after time has passed. You should always see a doctor if symptoms or pain begin to occur.
Do Not Post on Social Media
In 2024, most of us post much of our daily lives on social media. However, if you were involved in a car crash, we strongly advise you to stay off social media. Do not post about the accident or your injuries; be careful about what you post while your claim is pending.
Insurance companies are quick to check claimant’s social media accounts. For instance, if you injure your knee in the collision but post videos of you competing in a triathlon, the insurance company may deny or delay your claim.
Contact a Houston Auto Accident Lawyer
The law does not mandate that you hire a lawyer to pursue a car accident case; however, we recommend at least consulting an experienced Houston auto accident lawyer before pursuing a claim or lawsuit on your own.
Car accident claims can be complex and challenging to navigate, and your primary focus should be on your recovery. Let an attorney handle the day-to-day of your legal action.
Understanding Fault and Liability in Texas
Determining liability and how specific Texas car accident laws can affect the outcome of your case is an essential step in the process.
Texas’s Comparative Fault Rule
Texas is a modified comparative negligence state, which means injured accident victims can still recover damages for personal injuries even if they are partially at fault. However, you must be less than 51% at fault. In other words, if you are found to be 51% or more at fault for the accident, you cannot seek damages.
For example, if a jury awards you $500,000 but determines you were 10% at fault for the crash, your award will be reduced by $50,000. Defendants and insurance companies want to pay the least amount possible, so they will push to allocate fault to the plaintiff. A sharp attorney is the best way to protect your rights.
Determining Liability
Determining who is responsible for causing the accident and the precise percentage of fault can be challenging. It is not always straightforward, and it can be difficult to determine if multiple parties or commercial vehicles are involved.
For example, a trucking company may be liable for the negligent conduct of its employee, the truck driver. You must name all possible defendants and liable parties in your lawsuit. A lawyer can help you determine all potentially liable parties.
Statute of Limitations in Texas Car Accident Cases
A statute of limitations is a prescribed time in which you have to bring legal action. In Texas, for car accident cases, a plaintiff generally has two years from the accident date to file a lawsuit for damages.
This two-year timeframe can change depending on certain circumstances. For example, if the injured victim is a child, the statute is typically tolled or paused until they reach age 18. They will then have two years from their 18th birthday to pursue a lawsuit.
On the other hand, there are instances in which the two-year deadline can be substantially shortened. For example, if the vehicle involved is government-owned, such as a city garbage truck or bus, you may have as little as a few months or weeks to initiate a claim. Hiring a lawyer as soon as possible will preserve your right to file and ensure you get all the applicable deadlines.
Common Types of Car Accidents In Houston
Many types of car accidents can happen. These include:
- Head-on collisions,
- T-bone or side impact accidents,
- Rollovers,
- Hit and run,
- Sideswipe accidents,
- Single-car wrecks, and
- Multiple vehicle crashes.
While all of these occur in Houston, rear-end collisions are the most common type of crash. Rear-end collisions occur frequently in Houston because of the multi-lane highways with cars traveling long distances at high rates of speed.
The nature of the roads and driving can lead to drivers rushing, speeding, and driving under fatigued conditions, causing them to veer their attention away from the road. The heavy traffic often creates stop-and-go conditions, and the two together create the perfect storm for many rear-end accidents.
While Texas experiences various car accident types, rear-end accidents are at an all-time high. No matter the type of accident, if the other driver was at fault, you may be entitled to compensation for your injuries and damages.
Common Injuries in a Houston Car Accident
The list of potential injuries from a Houston car accident is infinite. However, there are several injuries that we more commonly see in Houston and the greater Harris County area.
Because of the prevalence of rear-end accidents, some of the most common injuries include:
- Head and brain injuries—head and brain injuries are common after rear-end crashes due to the force of the collision causing the brain to move within the skull violently;
- Whiplash—the crash’s impact can cause the head to move rapidly and forcefully back and forth, causing significant strain on the neck; and
- Soft tissue injuries—encompass many specific types of injuries, including contusions (bruising), tendonitis, bursitis, torn ACLs and MCLs, sprains, strains, and more.
Other common injuries include:
- Back and spinal cord injuries;
- Burns, including those from the airbag;
- Fractures; and
- Cuts and lacerations.
Significantly, any injury can range in severity. For instance, you can have a mild concussion that will resolve on its own with only short rest, or you can have a severe and permanent traumatic brain injury (TBI) that you will never fully recover from. Regardless of the injury, you should seek immediate medical attention and speak with an attorney to determine your legal options.
Filing a Car Accident Claim in Texas
Filing a Texas car accident claim involves several steps and becomes complicated if the other driver is uninsured or underinsured. Your car accident compensation may be affected.
In Texas, every driver must have at least $30,000 in liability coverage for each injured person, up to $60,000 per accident, and $25,000 for property damage per accident. However, this is the minimum coverage, and if an uninsured or underinsured motorist hits you, you may have to seek additional payment from your insurance company.
An experienced car accident attorney can help you determine the applicable insurance coverage, where to submit your claim, and what to do if the other driver is uninsured or lacks enough coverage.
When to Hire an Auto Accident Lawyer
At Kolodny Law Firm, we believe every accident victim pursuing a claim should retain an attorney. However, we understand individuals’ reasons not to, and under certain circumstances, you might be able to get by without a lawyer. Car accident cases can quickly become complex, and there are several situations where hiring an auto accident lawyer is essential, including:
- Commercial vehicles involved in accidents,
- You have serious injuries,
- Insurance is denying or delaying your claim,
- There are multiple parties involved, and
- You may be partially at fault.
A Houston lawyer can help maximize your chances of success and significant compensation.
You can find the best car accident lawyer in Houston by asking family and friends for recommendations, contacting local bar associations for a list of referral attorneys, and reading reviews and ratings online.
Houston Auto Accident Lawyers
At Kolodny Law Firm, we are experienced car accident attorneys recognized as Super Lawyers by Thomson Reuters in 2023. Our practice focuses on Houston and the Harris County area, so we know the geography, demographics, local courts, and local counsel.
We have the resources and knowledge necessary to ensure you receive the compensation you deserve. Contact us for a free consultation today.
Where to find our Houston office:
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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