These are the questions people ask our Houston office most often in the days after a crash. The answers are general information about Texas law, not legal advice about your case. For that, call us for a free consultation.
Right after the crash
What does Texas law require me to do at the scene?
A driver in a crash that injures or kills someone must stop, check whether anyone needs help and stay to give information (Transportation Code section 550.021). Drivers must give their name, address, vehicle registration number and liability insurer, and show a driver’s license if asked (section 550.023). A crash with injury, death or a car that cannot be driven must be reported at once to the police or sheriff (section 550.026).
How do I get the crash report?
An officer who investigates a crash with injury, death or apparent damage of $1,000 or more files the report with TxDOT within 10 days (section 550.062). People involved and their representatives can buy a copy through TxDOT’s Crash Report Online Purchase System for a small fee. Our article on getting a Houston crash report walks through it.
Should I see a doctor if I feel fine?
It is wise to get checked. Some injuries show up hours or days later, and a record made soon after the crash connects your injuries to it.
Insurance
Do I have to give the other driver’s insurer a recorded statement?
No. You can decline and tell the adjuster that your attorney will be in touch. Once we represent you, the insurer talks to us.
What if the other driver has no insurance, or too little?
Your own uninsured and underinsured motorist coverage may help. It is part of every Texas auto policy unless a named insured rejected it in writing (Insurance Code section 1952.101). Texas minimum liability coverage is $30,000 per person, $60,000 per crash and $25,000 for property damage (Transportation Code section 601.072): legal minimums, not a measure of any claim.
What is PIP?
Personal injury protection pays some medical bills and lost income regardless of who caused the crash. It is included in Texas policies unless rejected in writing, the law does not require more than $2,500 per person, and the insurer must pay within 30 days of satisfactory proof (Insurance Code sections 1952.152, 1952.153, 1952.155 and 1952.156).
Fault and deadlines
Can I recover if I was partly to blame?
Yes, if your share of responsibility is 50 percent or less. Your recovery is reduced by your share (Civil Practice and Remedies Code sections 33.001 and 33.012). Our article on the 51 percent rule in Texas explains how it works.
How long do I have?
A personal injury lawsuit generally must be filed within two years of the crash (section 16.003). A claim against a government unit needs written notice within six months, or less if a city charter says so (section 101.101). The time does not run while an injured person is a minor (section 16.001).
What if a city bus or police car hit me?
Claims against a government unit follow special rules. Written notice describing the injury, the time, the place and the incident is generally required within six months of the crash, a city charter may set a shorter period, and actual notice can sometimes excuse it (Civil Practice and Remedies Code section 101.101). The law also caps what a government unit can be made to pay (section 101.023). Call early.
Is texting while driving against the law in Texas?
Yes. Texas makes it an offense to read, write or send a message on a portable device while the vehicle is moving (Transportation Code section 545.4251). Phone use can be part of the evidence of fault in a claim.
What if two drivers caused my crash?
Each can be assigned a share of responsibility, and a defendant found more than 50 percent responsible can be held jointly and severally liable (Civil Practice and Remedies Code section 33.013). We look at every driver involved.
Working with us
What does it cost?
No Fees or Costs Unless We Win: the firm advances case costs, and you owe no attorney’s fee and no case costs unless money is recovered for you. The consultation is free.
Who is behind this website?
Car Wreck Lawyers Houston is a website of LAWBOSS – Harris, Nelsen & Uvalle, PLLC. It is not a referral service. Jonathan Harris, Board Certified, Personal Injury Trial Law – Texas Board of Legal Specialization, is the attorney responsible for this site, and his primary practice location is our Houston office at 5300 Memorial Dr Ste 810.
Can you tell me what my case is worth?
Not before we know the facts, and we never promise a result. What a claim can include depends on the injuries, the treatment, the coverage and the evidence of fault. We explain each of those as the claim develops.
More questions? Read what a car accident attorney in Houston does at each stage, or call us any hour.