Texas Car Accident Laws: Complete Guide
Texas is the second-largest state with a massive road network and unique insurance laws. Understanding Texas's modified comparative fault system and insurance requirements is essential for the millions of drivers on Texas roads.
Texas uses a modified comparative fault system with a 51% bar. If you're 51% or more at fault, you cannot recover any damages.
Texas Fault System
Modified Comparative Fault (51% Rule)
Texas follows proportionate responsibility:
- Your recovery is reduced by your fault percentage
- If you're 51% or more at fault, you recover nothing
- If you're 50% or less at fault, you can recover
Examples:
- 30% at fault with $100,000 damages: Recover $70,000
- 50% at fault with $100,000 damages: Recover $50,000
- 51% at fault with $100,000 damages: Recover $0
How Fault Is Determined
In Texas, fault determination considers:
- Police accident reports
- Witness statements
- Physical evidence and photos
- Traffic law violations
- Video footage
- Expert accident reconstruction
Joint and Several Liability
Texas has modified joint and several liability:
- Defendants 50% or less at fault: pay only their percentage
- Defendants over 50% at fault: may be jointly liable
- Affects recovery when multiple parties are at fault
Texas Insurance Requirements
Minimum Liability Coverage
Texas requires these minimums (30/60/25):
- $30,000 bodily injury per person
- $60,000 bodily injury per accident
- $25,000 property damage per accident
These are often expressed as "30/60/25."
Recommended Coverage Levels
Texas minimums may be inadequate:
| Coverage Type | Minimum | Recommended |
|---|---|---|
| Bodily Injury | 30/60 | 100/300 or higher |
| Property Damage | $25,000 | $100,000 |
| Uninsured Motorist | Optional | 100/300 |
| Underinsured Motorist | Optional | 100/300 |
| PIP | Optional | $2,500-$10,000 |
| Medical Payments | Optional | $5,000-$10,000 |
Personal Injury Protection (PIP)
Texas PIP coverage:
- Optional but valuable
- Covers your medical expenses regardless of fault
- Also covers lost wages
- Must reject in writing to decline
- Insurers must offer it
PIP is sometimes called "no-fault" coverage and pays regardless of who caused the accident. In Texas, it's optional but highly recommended.
Uninsured/Underinsured Coverage
Texas UM/UIM rules:
- Optional but strongly recommended
- About 14% of Texas drivers are uninsured
- Must be offered by insurers
- Can reject in writing
- Stacks with other policies (if allowed)
Texas Statute of Limitations
Deadlines to File
| Claim Type | Deadline |
|---|---|
| Personal injury | 2 years from accident |
| Property damage | 2 years from accident |
| Claims against government | 6 months notice required |
| Wrongful death | 2 years from death |
Government Entity Claims
Claims against TxDOT or cities require:
- Notice within 6 months
- Specific form requirements
- Texas Tort Claims Act governs
- Sovereign immunity limits apply
- Damage caps may apply
Texas-Specific Rules
Reporting Requirements
Texas law requires:
- Report crashes resulting in injury, death, or $1,000+ damage
- File crash report within 10 days with TxDOT
- Police report if injuries or fatalities
- Exchange information at scene
Move Over/Slow Down Law
Texas "Move Over" law:
- Must move over for emergency vehicles
- If can't change lanes, slow to 20 mph below limit
- Applies to police, fire, EMS, tow trucks, TxDOT vehicles
- Violations can affect fault in accidents
Seat Belt Laws
Texas seat belt requirements:
- Front seat: primary enforcement
- Back seat: secondary enforcement (17+)
- All children must be restrained
- Seat belt defense limited in Texas
Texting While Driving
Texas distracted driving laws:
- Texting while driving illegal statewide
- Handheld phone bans in some cities
- Under 18: no phone use at all
- School zones: no handheld phones
- Violations affect fault determination
Special Texas Situations
Uninsured Drivers
If hit by uninsured driver in Texas:
- File UM claim with your insurer
- Sue the driver personally
- May be difficult to collect
- Small claims up to $20,000
- Texas has high uninsured rate
Oil Field and Commercial Vehicles
Texas oilfield traffic presents unique issues:
- Commercial vehicle insurance minimums higher
- Federal regulations may apply
- Multiple parties may be liable
- More severe accidents common
- Special trucking rules apply
Hit-and-Run Accidents
Texas hit-and-run procedures:
- Report to police immediately
- File UM claim with your insurer
- Felony if injuries involved
- Misdemeanor for property damage only
- Driver's license suspension possible
Weather-Related Accidents
Texas weather creates hazards:
- Flash flooding causes many deaths
- "Turn around, don't drown" applies
- Driving into flood water may be fault
- Ice storms catch drivers unprepared
- See our Texas Flash Flood Accidents guide
Accidents with Government Vehicles
Texas Tort Claims Act governs:
- 6-month notice requirement
- Sovereign immunity limits
- Property damage cap: $100,000
- Personal injury cap: $250,000
- Death cap: $500,000
Filing a Texas Insurance Claim
Step-by-Step Process
- Report accident to your insurer promptly
- Gather evidence at the scene
- Seek medical treatment if injured
- Get repair estimates from shops
- Review settlement offer carefully
- Negotiate or hire attorney if needed
Texas Insurance Code Protections
Texas law requires insurers to:
- Acknowledge claims within 15 days
- Request needed information within 30 days
- Accept/deny within 15 days of receiving information
- Pay within 5 business days of agreement
- Violations can result in penalties and attorney fees
Unfair Claim Practices
Texas prohibits insurers from:
- Unreasonably delaying claims
- Denying without reasonable investigation
- Making lowball offers in bad faith
- Failing to explain denials
- Using deceptive practices
Texas Department of Insurance
TDI can help with:
- Claim disputes
- Unfair claim handling
- Rate questions
- Coverage disputes
- Bad faith complaints
Texas Accident Scenarios
Highway Accidents
Texas highway considerations:
- High speed limits (up to 85 mph)
- Long distances between services
- Heavy truck traffic
- DPS jurisdiction on highways
- Documentation critical
Intersection Accidents
Texas intersection rules:
- Right-of-way laws apply
- Red light cameras in some cities
- Uncontrolled intersections: yield to right
- Left turn must yield to through traffic
Parking Lot Accidents
In Texas parking lots:
- Private property rules
- Police may not respond
- Both drivers often share fault
- Document thoroughly
Border Area Accidents
Accidents near the border:
- Mexican insurance required in Mexico
- US insurance doesn't cover Mexico
- Different liability rules in Mexico
- Return to US for better legal protection
Texas Accident Statistics
| Statistic | Number |
|---|---|
| Annual traffic fatalities | ~4,000 |
| Annual injuries | ~250,000 |
| Uninsured driver rate | ~14% |
| Most dangerous roads | I-35, I-10, US-281, I-45 |
| Rural fatality rate | Higher than national average |
Key Takeaways
- Texas uses modified comparative fault with 51% bar
- If you're 51%+ at fault, you recover nothing
- Minimum coverage is 30/60/25 but carry more
- PIP is optional but recommended for faster injury coverage
- 2-year statute of limitations for injury and property claims
- Government claims require 6-month notice
- About 14% of Texas drivers are uninsured—carry UM/UIM
For more on Texas driving, see our guides on Texas Dangerous Roads and Texas Flash Flood Accidents.