Navigating State Laws for Personal Injury Claims After a Car Accident

Motor vehicle collisions are among the leading causes of serious injuries each and every year. The Texas Department of Transportation reports that more than 250,000 people were hurt in crashes in the state in 2023 alone. Following an accident, it is crucial that you know what to do to protect your health, well-being, safety, and your legal rights. At Thornton Esquire Law Group, PLLC, we help injured victims navigate Texas law, including motor vehicle collision claims. Within this article, our Houston auto accident attorney provides a guide to navigating Texas state law after a crash.

As background, it is important to understand that motor vehicle collisions fall under the jurisdiction of state law. Notably, each state has its own set of regulations and statutes that address how damages are calculated and what timelines are applicable for filing a claim. If you are involved in a crash in Houston or elsewhere in the region, your claim is governed by Texas law. Even if you are a licensed driver from another state, a car crash that happens within Texas is still controlled by Texas law. You need an attorney who is familiar with the rules and regulations that apply in this state.

The law for car accidents applies at the scene of the collision itself. It is crucial that you understand your rights and responsibilities. In Texas, it is mandatory to stop immediately at the scene of any crash. You must exchange information with all of the other parties involved. Relevant information typically includes your name, your address, your vehicle registration, and your auto insurance details. Beyond that, if the accident results in injury, death, or property damage exceeding $1,000, you are required by law to report it to law enforcement. Failing to comply can result in serious penalties, including charges for a hit-and-run.

Note: Your medical needs take the top priority. If you suffered a severe injury in a crash, you need to seek immediate medical attention. You are not required by Texas law to remain at the scene. All car accident injuries should be evaluated by a doctor. Medical records are required to bring a claim.

Similar to many but not all U.S. jurisdictions, Texas operates under a tort (fault-based) liability standard for car crashes—including truck accidents, motorcycle wrecks, and pedestrian collisions. Who can you hold liable for your injuries? The driver, truck company, vehicle manufacturer, or other party who caused your accident can be held legally responsible for the resulting losses. The system allows the injured parties to seek compensation directly from the at-fault driver's insurance company. Fault is key to any personal injury claim. Your crash should be thoroughly investigated by an experienced Houston auto accident attorney. Do not rely on any insurance company to conduct a fair and impartial investigation of your accident.

Car crashes can be complicated. Multiple parties may share fault for the same collision. Our state operates under a modified comparative negligence standard for personal injury claims, including motor vehicle collisions (Tex. Civ. Prac. & Rem. Code Ann. § 33.001). The rule holds that an injured victim can only receive compensation if they are found to be less than 51 percent at fault for the accident. If partial fault is assigned, an injured victim’s compensation will be reduced by the percentage of fault attributed to them.

Consider a scenario where two drivers, Driver A and Driver B, are involved in an accident in Houston. Driver A suddenly changes lanes without signaling, cutting off Driver B. However, Driver B was driving a little bit above the speed limit. Driver B is unable to avoid colliding with Driver A's car. In this case, if the court determines that Driver A is 80 percent at fault for the accident due to reckless lane changing, they would be unable to pursue a fault-based claim. However, Driver B—who is only assigned 20 percent liability—would be eligible to bring a claim. If Driver B suffered $20,000 in damages, he or she would be able to recover 80 percent ($16,000).

You have a limited period of time to bring a car accident injury lawsuit in Texas. There is a two-year statute of limitations to file a claim. Only limited exceptions apply. What happens if you wait too long to bring your car accident injury case? You could miss out on your opportunity to recover compensation at all. Be proactive: Consult with a Houston car accident lawyer right away.

In Texas, car accident victims have the right to pursue compensation for the full extent of their losses, including non-economic damages. However, the challenge is that insurance companies can make the personal injury claims process extremely difficult. Do not agree to settle your claim for less. Our Houston auto accident attorney is committed to helping car crash victims secure the maximum financial compensation. You may be entitled to recover compensatory damages for:

• Property loss, such as vehicle repairs;
• Emergency room treatment;
• Hospital bills and other medical costs;
• Rehabilitative services;
• Loss of wages and loss of future earnings;
• Pain and suffering;
• Mental anguish;
• Physical disability; and
• Wrongful death.

At Thornton Esquire Law Group, PLLC, our Houston car accident lawyer fights aggressively for justice. Do not let our cute smiles deceive you—we have what it takes to hold insurance companies accountable. Have any questions about navigating state law after a motor vehicle accident? Do not go it alone. Give us a phone call now at (888) 378-1784 or contact us online for a free review of your case. From our office in Houston, we handle car accident injury claims all across Texas.