A Guide to Texas Car Accident Claims

Car accidents continue to be a daily occurrence on Texas roads. According to the

Texas Department

of Transportation, 2016 saw almost 15,000 traffic accidents, resulting in over 17,000 serious

injuries and 3,773 fatalities. Unfortunately, these numbers give no signs of going down in future

years. If you’ve been rear-ended, T-boned, or sideswiped, you deserve compensation to pay for

medical bills and replace lost wages.

At Thomas J. Henry, we understand Texas auto insurance laws inside and out and have helped

thousands of people obtain the compensation they deserve. Learn more about the legal process

You will need to work with the at-fault driver’s insurance company to submit information about

your accident, medical bills, and other economic losses.

Depending on the seriousness of the crash, the other driver’s insurer might be easy to work with—

or they might not. It is not unusual after a devastating accident for insurance companies to drag

their feet and not pay the compensation you deserve, even if you are completely innocent. Instead,

when a lot of money is on the line, you can expect the insurance company to thoroughly investigate

the collision to determine whether you are to blame in any way. Under the Texas accident laws, the

amount of compensation you receive will be reduced by your own percentage of fault.

The insurance company might also want more detailed information about your injuries, and they

might allege that you aggravated your injuries by not following your doctor’s orders. You can

II. Statute of Limitations for a Texas Car Accident Lawsuit

Texas, like other states, gives injured motorists only a limited amount of time after a car crash to file

a lawsuit. This amount of time is the “statute of limitations.” Currently, the statutory time limit is

two years from the date of the crash. If you miss this deadline, then you cannot bring a lawsuit, and

you most likely will not receive compensation.

Here is how the statute works. Imagine you are T-boned on August 1, 2018. Your injuries are

apparent on the day of the crash, so you are on notice that you have a legal claim against the driver.

In short, you have until August 1, 2020 to file a lawsuit in court, otherwise the judge can dismiss

your case. Once dismissed, you cannot file your lawsuit again, and you will be unable to collect

compensation from the adverse driver’s insurance company.

statute of limitations for car accidents. There is a very simple reason. The only reason the insurance

company is even willing to discuss settling your claim is because you can run to court and file a

lawsuit if they refuse to give you enough money. If you lose that ability to sue because you are past

right away to protect your rights.

III. Immediate Steps to Take After a Car Accident

Following a car crash, there are things you can do to protect your well-being and your rights as a

victim. Often, this means collecting evidence at the scene of the crash, before the police even arrive.

If you’ve been in a car accident, consider following these simple steps:

• Call the police. A police officer can come out to the crash and write up a police report. The

police report should document where the collision happened, as well as the date and time.

The officer will also identify the parties involved in a crash. If you were involved in a multi-

car pileup, then this is an arduous task best left to the police. The responding officer will

also take down the stories of everyone involved. A police report is an excellent piece of

evidence to have and can be a springboard to your own investigation.

observed the accident. Take down their names and contact information so your Texas car

accident lawyer can reach out to them, if necessary. If you are too hurt, ask someone else to

find witnesses. The police officer should speak to some, but you don’t want anyone to leave

before the officer arrives.

• Take pictures of the accident scene. Soon after a crash, the cars will need to be pulled over

to the side of the road so that traffic can pass. If possible, take a few pictures of where the

vehicles have ended up before they are moved. Also take pictures of any skid marks on the

road or debris. This evidence could be critical for determining how the accident unfolded.

By collecting this evidence, your claim is strengthened when brought in front of the adverse

get any of this evidence after your accident, don’t worry. Car crashes are stressful, painful, and

traumatic events. An experienced attorney will help you with your claim regardless of the

IV. Mistakes to Avoid after a Car Accident

after a terrible wreck that has left people with serious injuries. Some people even apologize

when they know they have done nothing wrong but say the words as a way to try to smooth

down ruffled feathers. Remember that anything you say in the immediate aftermath of a

crash could be used against you later. Instead of talking with the other driver, ask for

insurance information and then stand to the side until the police arrive.

• Don’t tell people you are feeling okay. This is another simple mistake. The truth is that some

injuries are very slow to develop. For example, back injuries or neck injuries might take a

couple days before you really start to feel pain. If you tell the other driver you are “fine”

immediately after the crash, then they could use that against you and claim you are faking

your injuries.

• Avoid self-diagnosing your injuries. Chances are you have no idea what is really wrong with

you, so go to a doctor. You also want a paper trail that is generated when you visit a doctor.

Your medical records are important pieces of evidence for your claim.

• Never disregard your doctor’s advice, even if you think you are feeling better. For example,

your doctor might recommend bed rest. Even if you feel okay, you shouldn’t go out and start

shopping for groceries or return to work. If you do, the defendant can claim you aren’t as

injured as you claimed.

This is a “do it yourself” culture, so we understand that many people would prefer to handle their

compensation to injured motorists. In some cases, it will be obvious who is at fault. But if

this issue is in dispute, then you should have an experienced attorney in your corner.

• You probably need a lawyer if you have more than a few thousand in medical bills. You can

handle a small car accident that causes no more than three or four thousand in medical bills

or other expenses. But if your accident has caused $10,000 or more in losses, then you

should seek out a lawyer’s help.

• You need a lawyer if you do not like to negotiate. Chances are, an insurance company will

not quickly agree to your settlement amount, especially if you suffered serious injuries.

Instead, you might need to negotiate back and forth. If you do not like negotiation, then you

should hire an attorney. Remember: it is the insurance adjuster’s job to pay out as little as

lawyer will take a percentage of your settlement as their fee, research has shown that motorists

represented by lawyers receive much more on average. For example, some studies have found that

a motorist with a lawyer receives much more in a settlement than motorists who represented

themselves. By not hiring a lawyer, you are leaving money on the table.

VI. Texas Auto Insurance Laws

Many of our clients ask, “Is Texas a no fault state?” and the answer is “no.” Texas continues to

operate under a “fault” system, and Texas auto insurance laws reflect that fact. Read on for more

important information about automobile insurance in the state and how it will impact the amount

of compensation you can receive in a settlement or lawsuit.

A. Requirements

o This is commonly referred to as 30/60/25 coverage.

Liability pays for injuries to other people when you are at fault for a collision. This insurance does

not pay for your own injuries. If another driver injured you, you must make a claim with their

liability insurer.

B. Is Texas a No-Fault State?

No, Texas is not a no-fault state. In a no-fault state like Florida, injured motorists contact their own

insurance company after a collision. In particular, Florida motorists will access their personal injury

Florida is a no-fault state, it does not matter who caused the accident. The injured motorist can

cause the accident and still get their PIP benefits.

Things are different in Texas. Because we are a fault state, it matters who is responsible for the

who should negotiate a settlement or deny the claim.

Because Texas recognizes comparative negligence, it might be the case that your own negligence

Of course, if the insurer rejects your claim, you might negotiate with them, which can take a

considerable amount of time. Once the insurer agrees to the claim, however, § 542.057 of the

VII. What Damages Can I Claim in a Car Accident Lawsuit?

arms might not be able to play golf anymore, which is their favorite hobby. The greater your

impairment, the greater the amount of compensation you can receive.

necessary to obtain the compensation our clients deserve. To schedule your free consultation, call

Thomas J. Henry or fill out a contact form and we will reach out to you. Our attorneys are available

accurate in another. It is not offered for the purpose of providing individualized legal advice.