Every state has unique laws governing car accidents. These laws govern everything from what you must do after a crash to how a court will determine which driver bears the fault for the accident. Some of these laws only apply to state residents, while others apply to everyone using public roads in the state.
Complying with these laws will help you avoid criminal prosecution. They can also help you with the legal assistance of a car accident attorney, to protect your right to compensation from the at-fault driver and their insurer if someone else caused your crash.
Texas Car Insurance Requirements
Texas uses fault-based auto insurance. This means every Texas resident must buy liability insurance. If they cause an accident, their liability insurance pays for losses sustained by accident victims.
The liability coverages required by Texas law include:
- $30,000 in bodily injury liability (BIL) per person up to $60,000 per accident
- $25,000 in property damage liability (PDL) per accident
Texas residents who get into car accidents while traveling within the state can rely on their Texas policy regardless of where the accident happens. An insurer cannot deny coverage simply because your crash happened somewhere other than your town of residence.
If you live outside of Texas and only travel to the state temporarily, you do not need to buy Texas auto insurance coverage. The auto insurance that you purchased in your home state will cover you while you travel in Texas.
This holds even if you rent a car in Texas. Suppose that you flew from your home state to Texas and got into an accident while driving a rental car. Your auto liability insurance typically follows you when you travel. Thus, your home state policy will pay for any injuries or property damage you cause, up to your policy limits, while driving a rental.
A major exception to this rule is when you travel through Texas while moving there. The Texas Department of Motor Vehicles gives new residents 30 days to purchase Texas auto insurance and register their vehicles.
But you should consider buying a new policy and canceling the old policy as soon as you establish residence in Texas. If you moved from a no-fault insurance state, your insurance might not protect you against liability claims.
Legal Duties After a Car Crash in Texas
As with every other state in the U.S., Texas has a hit-and-run statute.
After an accident, Texas law requires you to:
- Stop at the accident scene or return if you cannot stop
- Render aid to anyone injured by calling an ambulance or taking them to the hospital
- Remain at the scene until you exchange information with the other drivers
Prosecutors can charge you with a hit-and-run if you fail to meet all of these requirements. The punishment for a hit-and-run conviction depends on the outcome of the crash.
If the crash causes injury or death, hit-and-run convictions can carry the following punishments:
- For a death, a second-degree felony punishable by up to 20 years in prison
- For a serious bodily injury, a third-degree felony punishable by up to 10 years in prison
- For a minor injury, a crime punishable by up to five years in prison or one year in jail
If the crash only damaged property, the hit-and-run sentence depends on the value of the damage. For damage of less than $200, you face a fine. For damage of $200 or more, you face up to 180 days in jail.
Texas also requires you to immediately report any accident that causes:
- An injury
- A death
- Disabling damage to a vehicle
You will report the accident to the police department of the city where the accident happened. If the accident occurred outside of city limits, call the county sheriff’s office. When you call 911 after an accident, a dispatcher will route your call to the correct jurisdiction.
How To Obtain a Texas Crash Report
The officers who respond to your call will investigate your crash. They will interview the drivers and passengers involved. The officers will take photos and measurements of the accident scene. They will talk to witnesses and may even ask the drivers to submit to drug or alcohol tests.
The investigating officers will produce an accident report summarizing their investigation within ten days of the crash. In many cases, they will complete the accident report at the scene. After your crash, you should cooperate with the investigating officers since you want the crash report to include your side of the story.
In either case, you can download a copy of your accident report using the Texas Crash Records Information System (CRIS). This report will help your car accident attorney find evidence for your case, including witnesses and traffic citation records.
Seek Prompt Medical Care
You should consider seeking medical treatment. You might find difficulties getting medical care while traveling. Unlike auto insurance, health insurance is not readily portable. You may have trouble finding providers in Texas that accept your insurance.
But seeing a doctor is an important step after a crash. A doctor can diagnose the cause of any symptoms you experience and prescribe a course of treatment. Doctors can also find hidden injuries, like concussions, that you might not realize you had.
The doctor will create medical records that will back up any injury claims you file. Without these medical records, the insurer for the at-fault driver will try to dismiss your injuries as pre-existing, exaggerated, or made-up.
Getting Personal Injury Compensation After a Texas Car Accident
If you suffered an injury in your car accident due to someone else’s negligent driving, you can pursue an accident claim. Since the crash happened in Texas, the state’s laws will apply to your claim. As a result, you may need a Texas car accident lawyer to advise you about the state’s laws and represent you against insurers.
If the insurer refuses to settle your claim, a Texas attorney can prepare and file a lawsuit against the at-fault driver. In either case, you can pursue compensation for your medical bills, wage losses, pain and suffering, and other losses.
Getting injured in a car accident while traveling is every traveler’s nightmare. But by stopping at the accident scene, cooperating with the crash investigation, and getting prompt medical help, you can protect your right to compensation.
