Located in the northwest part of Texas, which is ranked the fifth-most dangerous state in the nation for drivers, Lubbock has its share of car accidents. The following is a guide to filing a car accident lawsuit that explains how the statute of limitations for such claims works, how fault is determined among the parties in Texas and the various types of insurance drivers must carry.
Texas Statute of Limitations for Car Accident Cases
Lawsuits filed over injuries sustained in a car accident in Texas are governed by the state’s personal injury laws. Texas Civil Practice & Remedies Code section 16.001 sets a two-year statute of limitations on personal injury suits, meaning individuals hurt in a car accident have up to two years to file a suit.
Exceptions apply, however. The two-year statute of limitations may be tolled or paused if the suit involves individuals who are under age 18 or are mentally incapacitated.
A lawsuit filed over the death of an individual in a car accident must be brought within two years of the individual’s death from their injuries sustained in the accident.
Identifying Fault for Car Accidents in Texas
Like most other states, Texas is an at-fault state. The parties’ insurance companies investigate at-fault accidents and assign responsibility. The insurer of the party determined to be at fault covers the cost of the injuries and damage incurred.
Of course, more than one party may be responsible for a plaintiff’s injury. In that case, a court will determine what is known in Texas as proportionate responsibility However, a plaintiff is not entitled to recoup damages if they are found more than 50% liable for the car accident.
Texas Insurance Laws for Car Drivers
Texas requires car drivers to carry certain insurance in order to register their vehicle and insurance companies offer additional coverage options to reduce drivers’ liability. These requirements and options include:
- Liability insurance. Texas drivers must carry liability insurance, which covers injuries to others and damage to other vehicles. The minimum amounts of insurance legally required are:
- $30,000 in bodily injury liability per person
- $60,000 total bodily injury liability
- $25,000 property damage
- Collision insurance. Insurers require drivers to have collision insurance to repair or replace their car after an accident, but only if they owe money on the vehicle. Texas does not require drivers to carry collision insurance.
- Personal injury protection. To cover a driver and their passengers’ medical expenses and lost wages in a car accident—regardless of fault—Texas insurance companies are required to offer personal injury protection (PIP) coverage. Insured drivers are not required to have PIP coverage, however.
- Uninsured/underinsured motorist coverage. Another optional coverage is uninsured/underinsured motorist (UM/UIM), which covers personal injuries and damage to your car if the driver who caused the accident didn’t have insurance or didn’t have enough insurance to pay your medical and car repair costs. Note that drivers who decide not to obtain UM/UIM must do so in writing.
