Houston Car Accident Lawyer

According to Sec. 16.003 of Texas’ statute of limitation on negligence and personal injury:

“A person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury… not later than two years after the day of the cause of actions accrues.”

In other words, you have two years to file a personal injury claim after a car accident in Texas. The time to file begins the day the accident took place. It includes all injuries related to the accident, whether it be a car accident, motorcycle accident, truck accident, bicycle accident, or pedestrian accident. Even if there were no injuries and only property damage occurred, the two-year limit still stands. The exception to the rule is if the person is a minor.

The statute of limitations applies to all personal injury claims, from slip-and-falls to car accidents to even dog bites. Texas is strict on its statute of limitations and there are rarely any exceptions to the rule.

It is important to file within the two-year mark due to affirmative defense. This means the statute of limitations only applies if the party being sued asserts it. If you do file a claim after the statute of limitations, the defense party will argue that your claim is barred since you waited until after the two-year limit. Additionally, the defense can file a motion to have your case dismissed. The courts may grant this motion, since you failed to timely pursue your claims. It is also important to note that to file an uninsured or underinsured motorist claim is 4 years because this claim is a breach of contract claim.

Texas is an at-fault state, so that means you can file an insurance claim or suit against the driver who is “at fault,” or someone responsible for the damages and injuries in a car accident. At-fault drivers can cover the damages by purchasing liability insurance. There are minimum limits with liability insurance, which are:

• $30,000 for each injured person;
• $60,000 total for injuries per incident;
• $25,000 for property damage

Within 15 days of receiving your information, the insurance company must accept or reject your claim. If they reject your claim, they are required to explain why. If they accept any part of your claim, they are required to issue payment within five business days.

There are also laws if you and the other driver are both at fault for the accident. This is called modified comparative fault and this allows the claimant to recover damages as long as he or she was 50% or less at fault. The courts will determine the percentage through investigation of the crash in question. After investigating, the courts will reduce the claimant’s compensation by a percentage that matches the claimant’s amount of fault.

While statute of limitations and insurance requirements are vital to know, here are other laws Texas residents should be aware of:

Accident Involving Personal Injury or Death

According to Texas Transportation Code Sec. 550.021.,

(a) The operator of a vehicle involved in an accident that results or is reasonably likely to result in injury to or death of a person shall:

(1) immediately stop the vehicle at the scene of the accident or as close to the scene as possible;

(2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident;

(3) immediately determine whether a person is involved in the accident and if a person is involved in the accident, whether that person requires aid; and

(4) remain at the scene of the accident until the operator complies with the requirements of Section 550.023.

(b) An operator of a vehicle required to stop the vehicle by Subsection (a) shall do so without obstructing traffic more than is necessary.

(c) A person commits an offense if the person does not stop or does not comply with the requirements of this section. An offense under this section:

(1) involving an accident resulting in:

(A) death of a person is a felony of the second degree;  or

(B) serious bodily injury, as defined by Section 1.07, Penal Code, to a person is a felony of the third degree;  and

(2) involving an accident resulting in injury to which Subdivision (1) does not apply is punishable by:

(A) imprisonment in the Texas Department of Criminal Justice for not more than five years or confinement in the county jail for not more than one year;

(B) a fine not to exceed $5,000;  or

(C) both the fine and the imprisonment or confinement.

Accident Involving Damage to Vehicle

According to Texas Transportation Code Sec. 550.022.,

(a) Except as provided by Subsection (b), the operator of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by a person shall:

(1) immediately stop the vehicle at the scene of the accident or as close as possible to the scene of the accident without obstructing traffic more than is necessary;

(2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident;  and

(3) remain at the scene of the accident until the operator complies with the requirements of Section 550.023.

(b) If an accident occurs on a main lane, ramp, shoulder, median, or adjacent area of a freeway in a metropolitan area and each vehicle involved can be normally and safely driven, each operator shall move the operator’s vehicle as soon as possible to a designated accident investigation site, if available, a location on the frontage road, the nearest suitable cross street, or other suitable location to complete the requirements of Section 550.023 and minimize interference with freeway traffic.

(c) A person commits an offense if the person does not stop or does not comply with the requirements of Subsection (a).  An offense under this subsection is:

(1) a Class C misdemeanor, if the damage to all vehicles is less than $200;  or

(2) a Class B misdemeanor, if the damage to all vehicles is $200 or more.

(c-1) A person commits an offense if the person does not comply with the requirements of Subsection (b).  An offense under this subsection is a Class C misdemeanor.

(d) In this section, a vehicle can be normally and safely driven only if the vehicle:

(1) does not require towing;  and

(2) can be operated under its own power and in its usual manner, without additional damage or hazard to the vehicle, other traffic, or the roadway.

Immediate Report of Accident

According to Texas Transportation Code Sec. 550.026.,

(a) The operator of a vehicle involved in an accident resulting in injury to or death of a person or damage to a vehicle to the extent that it cannot be normally and safely driven shall immediately by the quickest means of communication give notice of the accident to the:

(1) local police department if the accident occurred in a municipality;

(2) local police department or the sheriff’s office if the accident occurred not more than 100 feet outside the limits of a municipality; or (3) sheriff’s office or the nearest office of the department if the accident is not required to be reported under Subdivision (1) or (2)…

Under Texas Transportation Code section 550.026, the driver of any vehicle involved in an accident must immediately (“by the quickest means of communication”) report the accident to the local police department (if the accident occurred in a municipality) or to the local sheriff’s office (if the crash occurred outside a municipality) if the crash resulted in injury or death of any person, or damage to a vehicle to the extent that it cannot be safely driven from the scene.