Texas Car Accident Law: Statutes, Fault Rules, Insurance & Claims Reference

Overview of Texas Law & Liability Framework

Texas operates as an at-fault ('tort') motor vehicle jurisdiction governed by the modified comparative negligence framework of Texas Civil Practice and Remedies Code Chapter 33 and the mandatory 30/60/25 liability insurance floor of Texas Transportation Code § 601.072.

Key Texas Statutory Rules & Liability Standards

• Two-Year Statute of Limitations: Under CPRC § 16.003(a), a personal injury or property damage suit arising from a Texas motor vehicle collision must be filed within two years of the crash date, and the plaintiff must exercise continuous due diligence in serving citation.
• 51% Modified Comparative Fault Bar: Under CPRC § 33.001, a claimant may not recover damages if their percentage of responsibility is greater than 50%. If 50% or less at fault, recovery is reduced proportionately under § 33.012(a).
• Seatbelt Non-Use Admissibility: Following the Texas Supreme Court's landmark decision in Nabors Well Services, Ltd. v. Romero, 456 S.W.3d 553 (Tex. 2015), relevant evidence of failure to wear a seatbelt is admissible to apportion injury-causing responsibility under Chapter 33.
• Paid vs. Incurred Medical Bills: Under CPRC § 41.0105 and Haygood v. De Escabedo, recovery of medical or health care expenses in Texas is strictly limited to the amount actually paid or incurred by or on behalf of the claimant after contractual insurance adjustments.
• Loss-of-Use Damages on Totaled Vehicles: Under J&D Towing, LLC v. American Alternative Insurance Corp., 478 S.W.3d 649 (Tex. 2016), Texas vehicle owners may recover reasonable loss-of-use (rental replacement) damages in addition to fair market value even when a vehicle is declared a total loss.

Texas Court Procedure, Crash Reporting & Evidentiary Deadlines

Following any Texas collision resulting in injury, death, or $1,000+ in apparent property damage, investigating peace officers must submit a TxDOT Peace Officer's Crash Report (Form CR-3) within 10 days pursuant to Tex. Transp. Code § 550.062. Note that Texas eliminated the self-reported 'Blue Form' (CR-2) retention in 2017, making contemporary scene photos, dashcam video, 911 CAD logs, and Event Data Recorder (EDR) downloads under 49 C.F.R. Part 563 critical to establishing speed, braking, and steering inputs.

Compensatory & Exemplary Damages Available Under Texas Law

Past and future paid/incurred medical care (§ 41.0105), net after-tax lost wages and loss of earning capacity (§ 18.091), physical pain and mental anguish, physical impairment, disfigurement, property damage (repair + diminished value or ACV + loss of use), and exemplary damages where gross negligence or intoxication is proven by clear and convincing evidence under § 41.003.