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Do You Have To Report an Accident in Texas?
Under Texas Transportation Code, you generally need to notify law enforcement right away if a crash causes injury, death or significant property damage. In most cases, officers will come to the scene and file an official crash report. However, if the police do not respond—and someone is hurt or your property damage is considerable—you may need to submit a Form CR-2 (often called the “Blue Form”) on your own.
Skipping this step can complicate any personal injury claim you might file later. Insurance companies usually check official accident reports to verify how an accident happened and who is responsible. Without that record, they may question your story or the severity of your injuries.
What Should You Do in the Days Following a Car Accident?
After a motor vehicle accident, you may feel shaken and unsure of what to do next. Taking the right steps in the days that follow can help protect your health, finances and peace of mind.
Make sure to do the following:
- Get Medical Attention: Even if you feel only minor pain, see a doctor. Some injuries stay hidden initially, and prompt care supports both your health and your claim.
- Notify Your Insurance Company: Inform them of the crash. Provide straightforward facts but don’t admit fault.
- Document Your Expenses: Keep all bills, receipts and medical reports. This helps establish a paper trail for any damages you want to claim.
- Follow Up With Healthcare Providers: Attend all medical appointments. Gaps in treatment can raise doubts about the seriousness of your injuries.
- Get Legal Advice: Especially if you face major medical costs, missed work or a contested liability claim, a personal injury attorney can explain your options and shield you from unfair insurance tactics.
If you find yourself overwhelmed with these steps, you can reach out to a personal injury law firm in your community to learn more about protecting your interests.
How Much Money Can You Get From a Car Accident Settlement?
There’s no one-size-fits-all payout after an accident. Insurance carriers often base settlements on:
- Economic Damages: Medical bills, lost wages, property repairs
- Non-Economic Damages: Pain and suffering, emotional distress or loss of enjoyment in life
Some insurers might multiply the dollar value of your economic damages by two or three to approximate your non-economic losses. But this “multiplier” approach is only a rough guideline. Each accident has unique circumstances—so it’s best to discuss your case with an experienced personal injury attorney.
Factors That Can Reduce Your Settlement
Even when your claim seems strong, certain circumstances may reduce the amount you ultimately receive. Here are a few you should be aware of:
- Shared Fault: Texas follows a modified comparative fault rule. If you partially caused the crash, you can still recover damages if you’re less than 51% responsible, but your share of the blame will reduce the payout.
- Delayed Medical Care: Insurers may argue your injuries aren’t severe if you waited too long to see a doctor.
- Pre-Existing Conditions: They might claim certain injuries existed beforehand and refuse to pay for them.
- Insurance Policy Limits: Even if your losses are high, you can’t collect more than the relevant policy’s coverage amount unless there are other liable parties or additional forms of insurance.
If you have any concerns about how these factors might affect your settlement, contact a personal injury law firm for legal advice.
How Long Do You Have To File a Car Accident Claim in Texas?
In Texas, you typically have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline usually means losing the right to pursue compensation in court.
However, there can be exceptions in specific scenarios, such as if the injured person was a minor at the time of the crash. Always check with a lawyer to confirm how the clock runs in your case.
What Happens If the Insurance Company Denies Your Claim?
Insurance companies sometimes deny car accident claims for various reasons, which can be frustrating when you’re counting on financial support. Here are a few examples:
- Policy Exclusions: The insurer might argue the policy doesn’t cover your type of accident.
- Disputed Fault: They could say their driver isn’t liable.
- Missed Deadlines: Failing to report the crash or file paperwork on time may lead to a denial.
- Insufficient Evidence: If you can’t show a clear link between the crash and your injuries, the insurer might deny compensation.
A denial doesn’t always mean your case is over. You may gather additional documents, consult a legal resource or request an internal review. If the denial seems unfair, challenging it could lead to a better outcome, especially if you have new information that supports your claim.
Bad Faith Settlements
Sometimes, an insurer with no valid reason for denying or delaying claims may act in “bad faith.” Signs include ignoring evidence, refusing to communicate or constantly shifting blame without justification. In such cases, you can:
- Appeal the Decision: Provide additional documentation or request an internal review.
- File a Complaint: Contact the Texas Department of Insurance if you suspect illegal tactics.
- Hire an Attorney: An attorney can negotiate on your behalf or take legal action if necessary.
Experienced personal injury attorneys understand the playbook insurers use and can spot questionable behavior quickly, protecting you as you pursue your right to fair compensation.
What Are Common Types of Motor Vehicle Accidents?
Motor vehicle accidents happen in different ways, and each type can lead to unique challenges.
Motorcycle Accidents
Motorcyclists don’t have much physical protection, which often puts them at greater risk of serious harm. They’re also more vulnerable because motorcycles are smaller than other vehicles, and drivers don’t always notice them when turning or switching lanes.
Truck Accidents
A truck accident can cause major damage due to their large size and the cargo they carry. Truck drivers may face long hours that can lead to fatigue, and some companies may overlook safety checks. These factors can combine to create dangerous conditions on the road.
Rideshare Accidents
A rideshare driver might feel pressured to complete as many trips as possible in a short time to maximize earnings. This sense of urgency can lead to hurried or distracted driving, increasing the risk of a crash.
Accidents involving rideshare services can be tricky since multiple insurance policies may come into play, and passengers, drivers and other motorists may all share some level of responsibility.
Hit-and-Run Accidents
In a hit-and-run, the at-fault driver leaves the scene without sharing their information, making it harder to identify who caused the crash and file a claim against them. You might rely on witness statements or traffic cameras to figure out who is responsible, but that can be time-consuming and may not always succeed. The claims process often becomes more challenging when there’s no clear party to hold liable, so you may need to explore your uninsured motorist coverage or look into other options for compensation.
A Texas personal injury law firm can examine the cause of your accident to determine if you have grounds for a claim and help you get the compensation you deserve.
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As the second-largest state in the U.S., Texas has the largest highway network in the country, covering its 665,384-square-mile area. 3,233 miles of the nation’s interstate system run through Texas, providing outlets for Texas railway, air and sea hubs that transport freight throughout the country.
So many roads and the presence of vital freight routes mean that many car accidents happen daily. If you sustain injuries in a car crash, you may qualify to seek compensation from at-fault parties. You will likely have a better outcome if you hire a car accident lawyer to help you with your claim in Texas.
Texas Car Accident Statistics
The estimated population of Texas, as of July 2023, was 30.5 million people. In 2022, 279 million tourists visited. These facts combine to help explain why there are so many car accidents in the Lone Star State.
The Texas Department of Transportation provides annual motor vehicle crash statistics. These figures provide 2022 data for the five largest cities in the state.
Houston, with a population of 2,296,253, experienced 67,386 car accidents that produced 326 fatalities, 9,184 suspected injuries and 21,637 possible injuries.
With a population of 1,445,662, there were 39,355 collisions in San Antonio that took 199 lives and caused 7,188 suspected injuries and 9,949 possible injuries.
Dallas has a population of 1,300,642 and saw 33,980 crashes that caused 228 fatalities, 6,630 suspected injuries and 8,825 possible injuries.
Austin, with a population of 958,202, had 12,768 total accidents, which produced 116 fatalities, 3,683 suspected injuries and 4,846 possible injuries.
Fort Worth, population 924,663, had 13,401 wrecks that killed 120 people, with 3,237 injuries suspected and 3,724 possible injuries.
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And here is how things look percentage wise:
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Percentage wise, the cities are similar, the largest discrepancies being in the number of Suspected Injuries and Possible Injuries.
Statewide Crash Facts
For the calendar year 2022, these statistics show alarming trends:
- There was a total of 427,806 crashes statewide that killed 2,354 people and produced 244,092 injuries.
- At least one person died on TX roads every day.
- 95% of people killed in car crashes were in accidents with alcohol as a contributing factor.
- Annual traveled vehicle miles totaled almost 290 billion.
- Unsafe speed, following too closely, failing to yield the right of way, driver inattention and unsafe lane changes were among the top contributing factors.
Human error contributed to causing the majority of the 2022 Texas car accidents, qualifying most of those injured to seek compensation for their damages. The process typically starts by filing an insurance claim, but insurance companies may not treat you fairly unless you have legal representation.
Why Should You Hire a Car Accident Lawyer From Big Auto?
Although you can handle your claim alone, hiring an experienced attorney from a car accident law firm that reaches Texas has multiple benefits and may increase the amount of compensation you receive significantly. Particularly if your injuries are serious, you need to spend your time and focus your efforts on recovery.
When you hire a competent lawyer from Big Auto, we can handle your claim and potential lawsuit to allow you the space to heal.
No Risk
You may worry that you can’t afford to hire an attorney, but Big Auto won’t charge you unless we win compensation on your behalf. We understand that your medical expenses are mounting while you have no income coming in, so there are no upfront fees.
You have nothing to lose by hiring one of our auto accident lawyers for your accident in Texas, but you can potentially gain a lot.
Legal Advice
If you’ve never been involved in a car accident, there is probably a lot of vital information you don’t know. When you contact Big Auto to request your free case evaluation, we can provide information and legal advice specific to your situation.
Administrative Tasks
Car accident claims involve a lot of paperwork, all with deadlines you must meet. Your legal team will take care of case-related administrative tasks for you.
Investigations
Fault determines who is responsible for paying compensation in a car crash, and it often takes a thorough investigation to discover evidence that proves who caused your accident. You’ll need this evidence to support your claim.
Your car accident lawyer knows how to conduct an investigation, the kinds of evidence you need and where to find it. Because Big Auto has a nationwide network, we have the resources to follow leads wherever they take us.
Insurance Company Communications
Someone needs to handle all the documents, emails and phone calls from insurance companies, but it doesn’t have to be you. Insurers sometimes try to trick unwary claimants into admitting fault in a recorded conversation or signing paperwork that can damage their chances for compensation.
You can designate your attorney to handle all communications with involved insurance companies. This also gives you a better chance to recuperate with less stress.
Settlement Negotiations
Many people don’t know that you don’t have to accept the first compensation offer made by insurance carriers. These companies know how much your case is worth, but they often make intentionally low initial offers, hoping to minimize how much they have to pay.
Amounts and specific damages vary, but many people receive compensation for their medical treatments, lost wages, replacement services and property damage. You may also qualify to obtain compensation for pain and suffering, losing your ability to enjoy life and other conditions that adversely affect your quality of life.
You can negotiate for more compensation. However, these insurers have their own attorneys who handle negotiations routinely. You may not be as successful as your car accident lawyer from Big Auto at maximizing your settlement.
Litigation
We settle most claims without having to go to court. A trial is a lengthy, expensive and stressful process. However, we may suggest that you file a personal injury lawsuit if insurance companies refuse to offer reasonable compensation amounts or deny your claim altogether.
If you haven’t already, you would probably hire an attorney at this point, but it makes sense to bring us in as soon as possible after your accident. If circumstances warrant a trial, we need sufficient time to prepare a strong case on your behalf. Faster involvement also means we may be able to avoid a lawsuit.
What Is Negligence?
Legally, negligence means failing to act like a reasonable person would in the same situation to avoid harming others. Negligence is the basis for most personal injury claims, including car accident cases.
Every person who operates a motor vehicle has a duty of care to drive safely. To hold someone accountable for causing your accident, your car accident lawyer must provide evidence that proves:
- Someone owed you a duty of care.
- That party breached their duty of care.
- You sustained injuries.
- Your injuries and related damages are a direct result of the breach.
If all these statements are true, you can seek compensation as long as you are less than 50% responsible for causing your accident.
What Does Modified Comparative Negligence Mean?
When more than one party shares the blame for a car accident, Texas uses modified comparative negligence standards to determine whether you can seek compensation and how much you might obtain. You can seek damages if your assigned degree of fault is less than 50%, but your compensation amount will be less than the total.
For example, if you are 25% at fault for causing your collision, expect only 75% of your total damages. Without legal representation, insurance companies may try to place more blame on you than you deserve to reduce how much they have to pay. Your attorney won’t let that happen.
Are Car Accident Claims Complicated?
Several complications could arise and hinder your ability to receive fair compensation unless you have a knowledgeable car accident lawyer on your side. Commercial vehicles, including rideshare autos, large trucks and delivery vans, may have more than one party responsible for their actions. Drivers, employers, parts manufacturers and maintenance companies are a few of the potentially liable parties.
When government agencies fail to maintain roads or traffic lights, you can file a claim against the appropriate agency if the poor conditions contributed to your collisions. These claims must adhere to shorter timeframes and follow stricter protocols than most.
Some accidents involve multiple vehicles. The more cars, the more complicated your claim can become. Each driver will receive an assigned percentage of fault, and their insurance companies often argue.
Every accident is unique, and yours may have other kinds of complications. Fortunately, your legal team has likely handled similar cases and knows what to do to overcome any challenges.
Here Are The Type Of Lawyers You Can Expect From Big Auto
- Accident Reconstruction Lawyer
- Aggressive Driving Accident Lawyer
- Animal Crossing The Road Accidents
- Drowsy Driving Accident Lawyer
- Dangerous Intersection Accident Lawyer
- Defective Vehicle Accident Lawyer
- Failure To Yield Accident Lawyer
- Lyft Accident Lawyer
- Reckless Driving Accident Lawyer
- Rear-End Collisions Lawyer
- Uber Accident Lawyers
- Fatal Accident Lawyer
- Fender Bender Lawyer
- Hit And Run Accident Lawyers
- Fog Accidents Lawyer
- Head-on Collisions Lawyer
- Highway Accidents Lawyer
- Improper Turn Accident Lawyers
- Limousine Accident Lawyers
- Loose Objects In Vehicle Accidents
- Manufacturer Defects Accident Lawyer
- Marijuana Use Accident Lawyers
- Minor Accident Lawyers
- Night Driving Accident Lawyers
- Police Chase Accident Lawyer
- Rain Accident Lawyers
- Rental Car Accident Lawyer
- Rideshare Accident Lawyer
- Road Rage Accident Lawyer
- Roll Over Accident Lawyer
- Running A Stop Sign Accident Lawyer
- Side Impact Collisions Lawyer
- Speeding Accident Lawyers
- T-Bone Accident Lawyers
- Tailgating Accident Lawyer
- Teen Driving Accident Lawyer
- Texting While Driving Accident Lawyer
- Tire Blowout Accident Lawyer
- Motorcycle Accident Lawyers
- Truck Accident Lawyers
- Taxi Accident Lawyers
Why Should You Hire a Car Accident Lawyer From Big Auto For Texas Accident?
We don’t just win — we win big. We have car accident attorneys that can help you in your area who know the applicable laws and are familiar with local courts. We focus on all kinds of truck and car accident cases, giving us many advantages we will use for your benefit.
If you sustained injuries in a car accident, contact Big Auto today. We are not based in Texas, but we can still evaluate your case, explain your legal options and tell you how we can help. Someone can speak to you 24/7. Call us at 844-BIG-AUTO, email us or submit our online case evaluation request form.