Under Section 601.004 of the Texas car accident laws, if you are involved in a fatal car accident while driving in Texas, you must report your accident to the Texas Department of Transportation (DOT). Specifically, you must use Form CR-2 to file a crash report with the DOT within ten days of the accident if the accident resulted in death, injury, or property damaged exceeding one-thousand dollars. With that in mind, here is a quick look at Texas car accident laws you should know.
Exceptions to Reporting a Car Crash
If a Texas law enforcement officer has already filed a report on your accident, then you do not necessarily have to file Form CR-2 with the Texas DOT. At this point, it is important to note that under Texas law, Texas police also have a ten-day window to report a car accident that results in death, injury, or property damage exceeding one-thousand dollars.
Texas Car Insurance Laws
When it comes to car insurance, Texas is a “fault” state. For this reason, Texas law (Sections 1952.0515 and 601.072) require motorists in the state to carry minimum amounts of liability coverage, ranging from $25,000 to $60,000 depending on the type of risk covered. What’s more, under Sec. 1952.101, insurance companies in Texas must include underinsured or uninsured insurance policies in their liability insurance products.
Modified Comparative Fault
In the event more than one driver was responsible for a car accident, Texas uses a legal doctrine called “modified comparative fault” to assign percentage fault to all the parties responsible for the accident. Under this rule, the amount of damages awarded is reduced based on the plaintiff’s percentage fault. In other words, to receive any damages, the plaintiff’s percentage fault must be no more than fifty percent.
State of Limitations for Car Accident Lawsuit in Texas
In the state of Texas, the statute of limitations for a car accident is two years. This means that if you wish to pursue damages, you must file a personal injury lawsuit or property damage complaint within two years from the date of the accident. To improve your chances of recovering damages, you should engage the services of attorneys Crain, Lewis, and Brogdon.
Car accident reporting and settlements in Texas can be complicated affairs, especially if you lack the necessary legal knowledge. Fortunately, attorneys Crain, Lewis, and Brogdon can help you file a crash report, as well as help you pursue damages.