In Personal Injury, Texas Law

A Visitor’s Guide to Texas Injury Law

Spring is here and tourist season is fast approaching for the busy city of San Antonio. With beautiful sights to see and fun places to visit, it’s no wonder that the city attracts millions of visitors a year. Unfortunately, it was also the home of 44,000 total crashes in 2017, and it’s important to know what to do if you get into a car wreck while visiting our bustling city.


“Under Texas law, the driver who caused the accident is liable for your damages, including your medical bills and lost income.”


Every state has its own injury laws and procedures, and it’s crucial that you contact a local personal injury law firm with a strong grasp of these specific laws. Keep reading to learn some of the essentials of Texas injury law.

4 Things You Need to Know About Car Accidents in Texas

If you were injured by a Texas driver, you’ll typically have to file a Texas personal injury claim. That means you’ll need to consult with a lawyer that is licensed to practice in Texas, like the team at Crosley Law.

While every injury claim is different, here are four points to keep in mind if you are going to file a personal injury claim in Texas.

Texas Is an At-Fault State

Under Texas law, the driver who caused the accident is liable for your damages, including your medical bills and lost income. If you’re from a no-fault state, like Florida or Michigan, you may be unaccustomed to our fault-based system.

If You Were Partially At Fault, the Insurance Company Could Reduce Your Damages

Texas applies a theory of modified comparative negligence in injury claims, so the insurance company can reduce your compensation by the percent of blame you hold for the crash. In other words, if you are 10% at fault for a collision, you are only entitled to 90% of your compensation. Additionally, if you are more than 50% at fault, you can’t collect any compensation for your injuries.

RELATED ARTICLE: Can I Recover Damages if I Contributed to a Car Accident?

Texas Has a Two-Year Statute of Limitations for Personal Injury Lawsuits

One crucial piece of information to know if you get in a car wreck is the state’s personal injury statute of limitations. If you file a lawsuit after the statute of limitations expires, you may lose your right to compensation.

In Texas, there is a two-year statute of limitations for personal injury lawsuits, meaning you have two years after a car crash to file your injury claim.

All Texas Car Owners Must Carry a Minimum Amount of Liability Insurance

Texas’ car owners are legally required to carry a minimum amount of liability coverage on their vehicles: at least $30,000 per person for bodily injuries, with a maximum of $60,000 per crash, and $25,000 for property damage. Other types of insurance, such as collision, uninsured/underinsured motorist, and personal injury protection (PIP), are available but not required under state law.

If they only have Texas’ mandatory policy limits, a negligent driver may not have enough coverage to pay for all your damages. You will need to speak to a personal injury attorney about your options for recovering any remaining damages.

Your Post-Accident Itinerary

Here are some general tips for what to do immediately following your accident.

1. Report the Accident to the Police

Unless the accident was minor enough to cause almost no damage, Texas law requires you to notify the police so that they can fill out a crash report. If possible, it is a good idea to obtain a copy of that report for future use.

2. Collect the Driver’s Information

The next thing you need to do after an accident is to collect all the relevant information from the other driver. This information includes:

    • Personal: Name, address, phone, and email
    • License: Driver’s license and license plate number
    • Insurance: Insurance company and policy number

3. Assemble Witness and Damage Evidence

Ask any witnesses for their name and contact information so that their testimony can be used as evidence later, if needed. Additionally, take pictures of the crash scene, your injuries, and the damage to the vehicles involved.

4. Avoid Admitting Any Fault

Do not admit fault to the other driver, police officers on the scene, or witnesses. Even a simple statement such as, “I’m so sorry, I didn’t see you,” could be used against you later when determining what percent of the crash was your fault.

5. Contact a San Antonio Personal Injury Attorney

Insurance companies are not on your side. They will use any possible means to avoid having to pay your claim. Before you call or speak to any insurance agent—whether they represent you or the other driver—contact a San Antonio personal injury attorney.

RELATED ARTICLE: Fight These Four Common Insurance Tricks After A Car Accident

Crosley Law | San Antonio’s Personal Injury Team

A serious crash will bring your vacation plans to an abrupt stop. Although your trip to San Antonio may be ruined, speaking with a local personal injury attorney can help ensure the accident doesn’t ruin the rest of your life as well.

At Crosley Law, we focus on Texas personal injury lawsuits and use our extensive knowledge of local cases and Texas law to maximize our clients’ accident compensation. If you’ve been in a serious accident while visiting San Antonio, contact us today at 210-LAW-3000 | 210-529-3000 or online for your free consultation to getting your life back on track.

References

Crashes and Injuries: Cities and Towns. (2018, April). Texas Department of Transportation (TxDOT). Retrieved from

http://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2017/14.pdf

The content  provided here is for informational purposes only and should not be construed as legal advice on any subject.

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