These are the Houston auto accident questions our office hears most, from the minutes after a crash to the first call with a lawyer. Each answer is general information drawn from Texas statutes, not advice about your own case.
These answers to Houston auto accident questions come from LAWBOSS – Harris, Nelsen & Uvalle, PLLC, the law firm that publishes Automobile Accident Lawyers Houston from its Houston office on Memorial Drive. Responsibility for the content here rests with attorney Jonathan Harris. If your situation is not covered here, call us and an attorney will talk it through with you at no charge.
At the scene
Am I legally required to stay after a crash?
Yes, when anyone is hurt or killed. A Texas driver in that kind of crash has to stop, go back if needed, see whether someone needs aid and stay to give information (Transportation Code 550.021). Driving off when a person is killed or seriously hurt is a felony under the same section.
What information do drivers have to swap?
Each driver gives a name, an address, the vehicle’s registration number and the name of the liability insurer, shows a driver’s license on request and gives reasonable help to anyone injured (Transportation Code 550.023). A photo of the other driver’s insurance card and license plate saves time later.
Do I need to call the police in Houston?
A crash that causes injury, death or leaves a vehicle unable to be driven has to be reported right away to the local police in a city, or to the sheriff outside one (Transportation Code 550.026). Inside Houston that is usually the officers who respond to the call.
When will the crash report be ready, and who can get it?
An officer who investigates a crash involving injury, death or apparent damage of $1,000 or more files the CR-3 crash report with TxDOT within 10 days (Transportation Code 550.062). The people involved, their authorized representatives, vehicle owners and the insurers involved can buy the full report for a small fee through TxDOT’s Crash Report Online Purchase System at cris.txdot.gov (550.065).
Insurance and coverage
How much insurance must a Texas driver carry?
The legal minimum is often written 30/60/25: $30,000 for bodily injury or death of one person, $60,000 for two or more people and $25,000 for property damage in one crash (Transportation Code 601.072). Those numbers are the least a policy may carry by law. They say nothing about what an injury claim is worth.
What happens if the driver who hit me has no insurance?
Your own policy may help. Uninsured and underinsured motorist coverage is part of every Texas auto policy unless a named insured turned it down in writing (Insurance Code 1952.101). Our article on an uninsured driver accident in Houston walks through that claim.
What does PIP pay, and does fault matter?
Personal injury protection comes with a Texas policy unless it was rejected in writing (Insurance Code 1952.152). No more than $2,500 per person is required by the statute (1952.153). PIP is paid without regard to who caused the crash (1952.155), and the insurer must pay within 30 days after it gets satisfactory proof of the claim (1952.156).
Should I give a recorded statement to the other insurer?
You can decline until you have spoken with a lawyer. An early recorded call is often used to pin down details before you know the full extent of your injuries. Our attorneys took and reviewed those statements when they worked for insurers, and we can handle that contact for you.
Deadlines and fault
How much time is there to sue after a Houston crash?
It is one of the most common Houston auto accident questions, and the answer is generally two years. An injury suit must be brought no later than two years after the day the claim accrues (Civil Practice and Remedies Code 16.003). When the crash takes a life, the two years are counted from the day the person died.
Does a child passenger get more time?
The time a person is a minor is not counted, so a child’s two years generally start at 18 (CPRC 16.001). Evidence still fades much faster than that. Our article on a child injured in a car accident in Texas explains why families should not wait.
What if a city bus or a government vehicle hit me?
A claim against a government unit needs written notice within six months of the incident, describing the injury, the time, the place and what happened, and a city charter may set a shorter period (CPRC 101.101). That is much sooner than two years. Our bus accident lawyer Houston page covers bus crashes.
I may share some blame. Is my claim over?
Not if your share stays at 50 percent or less. The statute says a claimant may not recover if his percentage of responsibility is greater than 50 percent (CPRC 33.001), and any recovery shrinks by your own percentage (33.012). That is why the other insurer often argues about small details of how the crash happened.
The other driver was texting. Does that help my claim?
Reading, writing or sending a message on a portable device while the vehicle is moving is an offense in Texas (Transportation Code 545.4251). Proving it takes evidence, and our article on a texting driver accident in Texas covers what can show it.
Working with us
Do I pay anything up front to LAWBOSS?
Nothing up front, and the first consultation is free. No Fees or Costs Unless We Win, since the firm covers the case costs while your claim is open, and when no money comes in for you, there is no attorney’s fee and no bill for those costs.
Still have Houston auto accident questions about your own crash? Our Houston office picks up the phone at any hour.
Who will actually work on my claim?
Attorneys at our Houston office: Jonathan Harris, Board Certified, Personal Injury Trial Law – Texas Board of Legal Specialization, Ian Nelsen and Howard Hill. All three worked on the insurance side first. You can read their backgrounds on the about page.
I live in Katy or Sugar Land. Do I have to drive into Houston?
No. Most of the work can happen by phone, and you are welcome at our Houston office when a meeting in person helps. LAWBOSS keeps no office in Katy or Sugar Land. See our pages for an auto accident lawyer Katy clients use and for an auto accident lawyer Sugar Land clients use.
What should I bring to the first call?
- The crash report number, if you have one.
- The other driver’s name, insurer and plate.
- Your own insurance card and policy pages.
- Photos of the cars, the road and your injuries.
- Names of the doctors or clinics you have seen.
If you have none of these yet, call anyway; Houston auto accident questions are easier to answer once we hear the facts. We can start with what you remember and gather the rest. More on how we start a case is on our contact page.