Texas Car Accident Laws: The Statutes Behind a San Antonio Claim

On this page

A car accident claim in Texas is governed by statutes spread across five codes: the Transportation Code, the Insurance Code, the Civil Practice and Remedies Code, the Property Code and the Alcoholic Beverage Code. This page collects the sections that come up most in San Antonio car wreck cases, in the order a case meets them, with a plain explanation of each. Every section here was checked against the current text on the Texas Legislature’s statutes site in October 2026. Laws change, and the official text is the authority.

At the scene: Transportation Code Chapter 550

Section	What it requires
550.021	A driver in a collision that results or is reasonably likely to result in injury or death must stop, return if needed, find out whether anyone needs aid and stay until the information exchange is done. Failing to do so is an offense, a felony when someone is killed or seriously injured
550.022	In a damage-only collision with an attended vehicle, stop and exchange information. On a freeway in a metropolitan area, if each vehicle can be normally and safely driven, move it to a collision investigation site, the frontage road, the nearest cross street or another safe place
550.023	Give your name, address, vehicle registration number and liability insurer; show your driver’s license if asked; give reasonable help to anyone injured, including arranging transport for treatment
550.024	If you hit an unattended vehicle, find the owner or leave a written note with your name, the owner’s name and address and what happened
550.026	If anyone is hurt or killed, or a vehicle cannot be normally and safely driven, notify the city police, or outside a city the sheriff or the nearest Department of Public Safety office, by the quickest means

Most of these sections were amended in 2023, and the current text speaks of a collision where older guides say accident.

The crash report: sections 550.062 and 550.065

An officer who investigates a collision that caused injury, death or apparent damage of $1,000 or more to one person’s property must write a report and file it electronically with TxDOT within 10 days (550.062). The report is confidential except to the people the law lists, who include anyone involved in the collision, their authorized representatives, vehicle and property owners, insurers covering a vehicle or person involved, and anyone who may sue for a death resulting from the collision (550.065(c)). Others can get a redacted report. A copy costs $6, and $2 more for certification (550.065(d)). Our CR-3 crash report guide explains how to order one.

Rules of the road that decide fault: Transportation Code Chapter 545

Section	The rule
545.062	A driver following another vehicle must keep an assured clear distance, so that the driver can stop safely without a collision
545.152	A driver turning left must yield to oncoming vehicles in the intersection or close enough to be an immediate hazard
545.157	Approaching a stopped emergency vehicle, tow truck or TxDOT or construction vehicle using its lights, vacate the nearest lane or slow to 20 miles per hour below the limit
545.413	Anyone 15 or older riding in a seat equipped with a seatbelt must wear it
545.4251	No reading, writing or sending electronic messages on a hand-held device while driving unless the vehicle is stopped

A driver who breaks one of these rules and causes a collision is in a weak position on fault. How they are used in an argument over blame is covered on our car accident lawyer San Antonio page.

Insurance every Texas driver must carry: Transportation Code Chapter 601

No one may drive in Texas without financial responsibility for the vehicle, usually a liability policy (601.051). Since January 1, 2011 the minimum limits are $30,000 for injury to or death of one person, $60,000 for injury to or death of two or more people in one collision, and $25,000 for property damage (601.072(a-1)).

Coverage on your own policy: Insurance Code Chapter 1952

Section	What it provides
1952.101	Uninsured and underinsured motorist coverage must be included in every auto liability policy unless a named insured rejects it in writing
1952.102 and 1952.103	A vehicle whose insurer is insolvent counts as uninsured; a vehicle whose limits are lower than your UIM limits is underinsured
1952.104	When the other driver is unknown, UM coverage requires actual physical contact between that vehicle and you or your property
1952.105	UM/UIM limits are offered up to your liability limits; UM property damage is subject to a $250 deductible
1952.106	UIM pays what you are legally entitled to recover, up to its limit, reduced by what is recovered or recoverable from the other driver’s insurer
1952.151 and 1952.152	Personal injury protection pays reasonable medical, funeral, lost income and household service expenses incurred within three years of the accident, and must be included unless a named insured rejects it in writing
1952.153	An insurer need not provide PIP above $2,500 per person
1952.155	PIP is paid regardless of fault and of other benefits; the PIP insurer has no subrogation claim unless the at-fault driver lacked the required insurance
1952.156 and 1952.157	PIP must be paid within 30 days of satisfactory evidence; if it is not paid when due, you may sue for it with attorney’s fees, a 12 percent penalty and interest
1952.159	A passenger’s liability claim against the driver of the car the passenger was in is reduced by the PIP that driver’s insurer paid
1952.301 and 1952.302	An insurer may not require a particular repair shop or brand of parts when settling a property damage claim, or tell its insured that a preferred shop must be used

Rideshare drivers have their own requirements in Insurance Code Chapter 1954: at least $50,000 per person, $100,000 per incident and $25,000 property damage while the driver is logged on and waiting for a request (1954.052), and a total of $1 million per incident during a prearranged ride (1954.053). The car accident attorney San Antonio page explains how these coverages work together.

Fault and damages: Civil Practice and Remedies Code Chapters 33 and 41

Section	What it says
33.001	A claimant may not recover if his percentage of responsibility is greater than 50 percent
33.003	The jury assigns a percentage of responsibility, in whole numbers, to each claimant, defendant, settling person and designated responsible third party
33.004	A defendant may move to designate a responsible third party at least 60 days before trial
33.012	The claimant’s damages are reduced by the claimant’s percentage of responsibility, and by settlements with others
33.013	A defendant more than 50 percent responsible is jointly and severally liable for the recoverable damages
41.001	Defines economic, noneconomic and exemplary damages, and gross negligence
41.003	Exemplary damages require clear and convincing evidence of fraud, malice or gross negligence, and a unanimous jury
41.0105	Recovery of medical expenses is limited to the amount actually paid or incurred
41.008	Caps exemplary damages, except for conduct such as intoxication assault and intoxication manslaughter

Deadlines and where to sue: Chapters 15 and 16

A suit for personal injury or property damage must be filed within two years after the cause of action accrues, which in a car wreck is the day of the collision; for a death, two years from the death (16.003). Time while a person is under 18 or of unsound mind is not counted (16.001). A suit is generally filed in the county where all or a substantial part of the events happened, or in the county where the defendant lives or, for a company, where its main Texas office is (15.002).

Commercial vehicles: Chapter 72

In a lawsuit over a collision with a commercial motor vehicle, a defendant may ask for a bifurcated trial, in which compensatory damages are decided first and exemplary damages in a second phase (72.052). The motion has to be made within the time limits in that section.

Government vehicles: Chapter 101, the Tort Claims Act

A governmental unit is liable for injury caused by an employee’s negligent operation or use of a motor vehicle within the scope of employment (101.021). Its liability is capped: for the state and for cities, $250,000 per person and $500,000 per occurrence for bodily injury or death, and $100,000 per occurrence for property damage; for other units of local government, $100,000 per person and $300,000 per occurrence for bodily injury or death (101.023). Written notice of the claim is due within six months of the incident, and a city’s charter may require it sooner, unless the unit already has actual notice (101.101).

Deaths: Chapter 71

A wrongful death action is for the exclusive benefit of the surviving spouse, children and parents of the person who died, and any of them may bring it for all (71.004). The injured person’s own claim survives to the heirs, legal representatives and estate (71.021).

Liens and alcohol

A hospital that admits an injured person within 72 hours of an accident caused by another’s negligence has a lien on the claim (Property Code 55.002), secured by filing notice with the county clerk (55.005) and limited to the lesser of its charges for the first 100 days, half of the recovery, or the jury’s award for its services less a share of fees and expenses (55.004). A release is not valid against the lien unless it is paid or the hospital joins the release (55.007). A provider of alcohol can be liable for serving someone who was obviously intoxicated to the point of being a clear danger, when the intoxication caused the damages (Alcoholic Beverage Code 2.02(b)).

Applying the law to your wreck

Statutes tell you the rules; they do not tell you how a particular insurer, judge or jury will apply them to your facts. For that, talk to us. The first consultation is free, and we work on a contingency fee: you pay no attorney’s fee unless we recover money for you. We advance the case expenses, and if there is no recovery you owe no fee and no case expenses. If there is a recovery, the fee and the expenses are paid from it as your written fee agreement sets out before we start. The firm’s main website is lawboss.com.

Questions people ask