Insurance Requirements in Texas
Pursuant to Texas Transportation Code § 601.072, Texas drivers are required to have a minimum amount of liability insurance of:
- $30,000 for bodily injuries per person
- $60,000 for total bodily injuries per accident involving two or more people
- $25,000 for property damage per accident
This basic coverage is designed to pay the medical bills, property damage bills, and other costs of those involved in the accident, up to coverage limits. Drivers may also purchase uninsured or underinsured motorist coverage as a part of their insurance policy.
State Laws Addressing Claims
There are certain Texas laws that address filing claims or the amount of damages that may be recovered. These include:
Statute of Limitations
Texas car accident statute of limitations requires auto accident victims, including passengers, drivers, and pedestrians, to file claims within two years of the date of the car crash.
Modified Comparative Fault
Texas follows a modified form of comparative negligence. Under the laws of modified comparative fault, the damages that may be recovered will be reduced by the victim's fault percentage. For instance, if the jury awards $100,000 in total damages, and you were found to be 30 percent responsible for the accident, you will only receive 70 percent of $100,000 ($70,000). However, the victim will not receive any compensation if they were 50% or more responsible for the accident.
The available damages that may be recovered with a Texas car accident claim include:
- Medical expenses associated with the accident, including future medical treatment
- Past and future lost wages, income, or other benefits
- Damaged property repair or replacement
- Disability expenses
- Reduced earning capacity
- Damages for physical pain and suffering
- Emotional distress or mental anguish
- Legal fees
- Punitive damages, to further punish the at-fault party
- Wrongful death damages, when applicable
Compensation will vary based on the circumstances of the particular case.
Wrongful death is a death that occurred from an accident caused by another party's negligence. Pursuant to Texas Statutes section 71.001, a wrongful death action may be brought if the "wrongful act, carelessness, neglect, unskillfulness, or default" of one party causes the death of another.
According to Texas Statutes section 71.004, a wrongful death action may be filed by:
- The surviving spouse
- The adult children of the deceased
- The parents of the decedent
- The decedent's executor or administrator
Even though no amount of financial compensation can fill the void left by the loss. Filing a wrongful death action can provide the much-needed financial assistance for the family to cover burial expenses, funeral expenses, loss of consortium, lost income, and medical expenses incurred before the person's death.
How Your Texas Attorneys Can Help
Auto accidents usually have significant long-term ramifications on the lives of the victims and their families. Such a devastating event can affect your physical, emotional, and financial health. Nonetheless, you shouldn't go through it alone. It is important to retain a knowledgeable Texas personal injury attorney immediately to protect your rights and help you pursue your deserved compensation.
The Torres Attorneys have devoted their careers to handling personal injury and auto accident matters. As your legal counsel, we can help:
- Review your case and conduct a comprehensive, private investigation
- Gather required evidence, information, and documentation
- Help prove fault and establish liability
- Determine and estimate case-value
- Negotiate a fair settlement with the insurer
- File a personal injury or wrongful death lawsuit, if required
- Fight compassionately to protect your rights and represent your best interests
With our team on your side, you can increase your chances of getting a favorable outcome in your personal injury lawsuit.