Understanding Car Accident Laws in Texas

A car crash can leave you facing medical bills, lost income, and repair costs. Texas law outlines who is financially responsible, how insurance applies, and when legal deadlines must be met. Missing steps or deadlines may limit your right to recover compensation.

At The Law Office of Raul V. Treviño, we represent individuals in San Antonio, Austin, and across Texas. We review car accident cases, medical records, and insurance coverage to protect your rights within the statute of limitations.

Is Texas a No-Fault State?

Texas is considered an at-fault state. The driver who causes a crash is responsible for paying damages. If you are injured, you may file a claim with the at-fault driver’s insurance company, use coverage under your own policy, or pursue a personal injury lawsuit.

The state also applies the modified comparative negligence rule (Tex. Civ. Prac. & Rem. Code §33.001). You may recover damages if you are 50% or less at fault. If you are more than 50% at fault, you are barred from recovery.

Recent Updates to Texas Car Accident Laws

Recent legislative updates in Texas include:

• Autonomous vehicles: Beginning September 1, 2025, operators of fully autonomous vehicles (Level 4 and higher) must obtain authorization from the Texas Department of Motor Vehicles and submit a first responder safety plan. The DMV may suspend or cancel permits if operations are deemed unsafe. Implementation will include formal rulemaking by the DMV prior to the effective date.
• Move Over or Slow Down law: Under Tex. Transp. Code §545.157, drivers must now move over or slow down not only for emergency and law enforcement vehicles but also for utility and Texas Department of Transportation (TxDOT) vehicles displaying activated lights.

Staying informed about changes in traffic law helps protect both your safety and your legal rights after an accident. The Law Office of Raul V. Treviño can explain how new laws may affect your claim and guide you through the legal process.

What Are the Minimum Auto Insurance Requirements in Texas?

Texas law requires drivers to maintain financial responsibility through liability insurance (Tex. Transp. Code §601.072). The minimum required coverage is:

• $30,000 for bodily injury per person.
• $60,000 for bodily injury per accident.
• $25,000 for property damage per accident.

These amounts apply only to damages caused to others. They do not cover your own medical treatment or vehicle repairs.

In addition, insurers must offer personal injury protection (PIP) and uninsured/underinsured motorist (UM/UIM) coverage, which may be declined only in writing.

What Happens If I Drive Without Insurance in Texas?

Driving without liability insurance violates Texas law (Tex. Transp. Code §601.191). Penalties may include:

• Fines starting at $175, with higher amounts for repeat offenses.
• Suspension of your driver’s license and vehicle registration.
• Personal responsibility for medical expenses, property damage, and lost wages of others involved in the accident.
• Limited ability to pursue insurance coverage if you are injured.

What Is Personal Injury Protection (PIP) Insurance in Texas?

Auto insurers in Texas must offer Personal Injury Protection (PIP) coverage with every policy, and drivers may reject it only in writing (Tex. Ins. Code §1952.152).

PIP pays for medical expenses, rehabilitation, funeral costs, and lost wages regardless of fault. Unlike liability insurance, PIP applies to you and your passengers. This coverage can provide early financial support while fault is being determined.

When Do I Need to Report a Car Accident in Texas?

Texas law requires drivers to report any vehicle accident that results in injury or death or if a vehicle is damaged to the extent that it cannot be safely driven (Tex. Transp. Code §550.026). Failure to report can lead to fines and may create complications when filing an insurance claim.

Reporting accidents properly helps preserve evidence and protects your ability to seek compensation. Our experienced attorney at The Law Office of Raul V. Treviño can guide you through these reporting requirements and help you avoid mistakes that might affect your claim.

How to Report a Car Accident in Texas

When reporting an accident in Texas, drivers should:

• Call law enforcement or the Texas Department of Public Safety.
• Exchange license, insurance, and contact information with the other drivers.
• Take photographs of the accident scene and collect witness information.
• Inform your insurance company as soon as possible.

Following these steps provides critical documentation for both insurance companies and potential legal claims. The Law Office of Raul V. Treviño can help you review accident reports, preserve supporting evidence, and take the next legal steps if your injuries or damages require a claim.

Steps for Obtaining the Texas Peace Officers Crash Report

The Texas Department of Transportation manages crash reports through its Crash Records Information System (CRIS). Copies can be requested online for a small fee. These reports are often reviewed by insurers and attorneys to help determine liability and the percentage of fault in an accident.

Because crash reports play an important role in resolving insurance claims and lawsuits, The Law Office of Raul V. Treviño can assist you in obtaining and interpreting the report so your side of the story is accurately presented.

What Should I Do Immediately After a Car Accident in Texas?

If you are involved in a car accident, your first priority should be safety. The following steps can help protect both your health and your legal rights:

• Check for injuries and call 911 if medical help is needed.
• Move vehicles to a safe location if it can be done without risk.
• Exchange contact, license, and insurance information with other drivers.
• Gather evidence by taking photos of the scene and noting witness details.
• Avoid admitting fault or speculating about the cause of the crash.
• Seek medical attention promptly so injuries are documented in your records.

Taking these actions helps safeguard your well-being and preserve evidence for insurance or legal claims. The Law Office of Raul V. Treviño can help you use this information to build a stronger case and pursue the compensation you may be entitled to under Texas law.

How Long Do I Have to File a Car Accident Claim in Texas?

Under Texas law (Tex. Civ. Prac. & Rem. Code §16.003), the statute of limitations for car accident lawsuits is two years from the date of the crash. This deadline applies to both personal injury and property damage claims.

Missing the deadline can prevent you from recovering damages, regardless of the strength of your case. The Law Office of Raul V. Treviño can help you track critical timelines, prepare your claim, and act within the statute of limitations so your rights remain protected.

How Does Texas Determine Fault in a Car Accident?

Texas uses the modified comparative negligence rule (Tex. Civ. Prac. & Rem. Code §33.001) to determine fault in car accidents. Liability is assessed through evidence such as:

• Police reports.
• Witness statements.
• Traffic citations or violations.
• Accident reconstruction analyses.

If you are partially at fault, your compensation is reduced by your percentage of fault. If you are more than 50% responsible, you cannot recover damages.

Because insurers may dispute fault to limit payouts, The Law Office of Raul V. Treviño can review the evidence, challenge unfair findings, and advocate for a fair determination of liability.

What Types of Damages Can I Recover After a Texas Car Accident?

In Texas, car accident claims may include several categories of damages designed to address both financial losses and personal harm:

Economic Damages

These cover measurable financial costs such as:

• Medical expenses and future treatment needs.
• Lost wages or reduced earning capacity.
• Vehicle repairs and other property damage.
• Out-of-pocket expenses related to the crash.

Non-Economic Damages

These compensate for intangible losses, including:

• Pain and suffering.
• Emotional distress.
• Loss of enjoyment of daily activities.
• Loss of companionship or support.

Punitive Damages

Punitive damages are rare and may be awarded when the at-fault driver acted with gross negligence or intentional misconduct (Tex. Civ. Prac. & Rem. Code §41.003). Texas law caps these damages at the greater of:

• Two times the amount of economic damages plus up to $750,000 in non-economic damages, or
• $200,000 (Tex. Civ. Prac. & Rem. Code §41.008).

Because damages can vary widely depending on the facts of the case, The Law Office of Raul V. Treviño can evaluate your situation and pursue the full range of compensation available under Texas law.

When Should I Hire a Texas Car Accident Lawyer?

Hiring a lawyer can be especially important when an accident involves serious injuries, disputed fault, or problems with the insurance company. Situations where legal help may be needed include:

• Crashes that result in severe injuries or fatalities.
• Collisions involving multiple drivers or unclear liability.
• Insurance claim denials, delays, or disputes with adjusters.
• Cases involving significant medical expenses, lost income, or lasting harm.

An attorney can gather medical records, review police reports, and communicate with insurance carriers on your behalf. If settlement talks do not lead to fair compensation, a lawyer can also prepare and file a lawsuit. Working with a car accident attorney at The Law Office of Raul V. Treviño allows you to focus on recovery while knowing your claim is being handled in compliance with Texas law.

Why Choose The Law Office of Raul V. Treviño

At The Law Office of Raul V. Treviño, we represent individuals injured in auto accidents in San Antonio, Austin, and across Texas. Our team carefully reviews police reports, medical records, and insurance coverage from the outset to protect client rights and pursue fair compensation for medical costs, lost income, property damage, and personal injuries.

Testimonials

“Raul Treviño is an exceptional attorney who delivers results with professionalism, dedication, and genuine care for his clients.” — Melissa F.

“So appreciative of Raul and Myra!! 10 out of 5 stars! They were able to assist me with my legal issues swiftly and kept in touch with me every step of the way! I was never left wondering,” whats next?” They handled my situation with such professionalism and care and i would definitely recommend for anyone who is looking for someone who gets things done!” — Dayna J.

“Raul and his staff were absolutely amazing.Walking me through each step and ensuring that they would be there. I highly recommend him for any of your legal needs.” — Robert F.

Frequently Asked Questions

Should I Report the Accident to My Car Insurance Company?

Yes. Texas law does not set a reporting deadline, but most insurance policies require prompt notice. Reporting quickly helps preserve coverage and reduces the risk of disputes.

What if the Other Driver Is Uninsured or Underinsured?

If the at-fault driver lacks enough coverage, you may be able to use your uninsured/underinsured motorist (UM/UIM) policy if you carry it. The Law Office of Raul V. Treviño can review your policy and explain how this coverage may apply to your case.

Is a Police Report Required for an Insurance Claim in Texas?

Not always. While it is not legally required, a police report can strengthen your claim. Insurers often rely on law enforcement records when determining liability.

Protect Your Rights After a Car Accident in Texas

After a serious accident, taking action quickly can make a difference in your recovery and your legal options.

If you were involved in a car accident in San Antonio, Austin, Dallas, or Houston, The Law Office of Raul V. Treviño is here to help. We assist clients with personal injury claims, property damage cases, and insurance disputes. Call 210-409-8788 or fill out our contact form to schedule a free consultation and learn how our personal injury attorney can support you through the process.