Car Accident Claims in Texas

The driver in a collision that causes injury or death, or damages a vehicle so it cannot be normally and safely driven (for example, it needs towing), must immediately notify police by the quickest means available: the local police department if inside a city; the police or sheriff if within 100 feet outside city limits; otherwise the sheriff's office or the nearest Texas Department of Public Safety office.

Texas drivers no longer file their own written crash report with the state; the former driver-report statute applied only before September 1, 2017. Instead, a law enforcement officer who investigates a collision causing injury, death or apparent damage of $1,000 or more to any one person's property must file a written report electronically with the Texas Department of Transportation within 10 days of the collision. People involved in the collision (and their representatives and insurers) can request a copy.

A driver in a collision that causes, or is reasonably likely to cause, injury or death must stop immediately (or return), check whether anyone needs aid, and stay until they have given their name, address, vehicle registration number and liability insurer, shown their license if asked, and given reasonable help to anyone injured, including arranging transport for treatment. Leaving is a second-degree felony if someone dies, a third-degree felony if someone suffers serious bodily injury, and otherwise punishable by up to 5 years in prison or up to 1 year in county jail and/or a fine up to $5,000. In a crash damaging only an attended vehicle, the driver must stop and exchange the same information (on metro freeways, drivable vehicles should first move to a safe nearby spot); failing to do so is a Class C misdemeanor if total vehicle damage is under $200, or a Class B misdemeanor if $200 or more. For an unattended vehicle, the driver must find the owner or leave a written note with names, addresses and what happened (same penalty levels).

Minimum liability coverage is $30,000 for bodily injury or death of one person, $60,000 for bodily injury or death of two or more people in one collision, and $25,000 for property damage.

Modified comparative fault (51% bar), called proportionate responsibility. A claimant whose percentage of responsibility is greater than 50% cannot recover. Otherwise, the claimant's damages are reduced by their percentage of responsibility.

Two years after the day the cause of action accrues.

Two years for trespass for injury to the property of another, conversion of personal property, and taking or detaining personal property.