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Out-of-State Car Accidents and Texas Law

September 18, 2017

Texas has over 300,000 miles of public roads and highways, which is by far, more miles than any other state in the country – and nearly double that of second-place California. The state connects the southeast with the southwest, and with several major cities, like Houston, Dallas, San Antonio and Austin, and people are frequently traveling here from out of state. This is partially why traffic in the state is always troublesome, which means car accidents are far too common.

But the question we’re answering in this piece is: What does a Texas resident do if they are involved in an out-of-state car accident?

How Does Texas Law Affect Out-of-State Car Accidents?

As a Dallas auto accident attorney, the team at Fears Nachawati has seen more than their share of these tourist car accidents involving Texas residents.

Texas Roads Means Texas Laws

In other words, if a motorist from another state, like Louisiana or New Mexico, causes an accident in Texas, which state’s laws apply in that case?

The answer is that since the motorist traveled into the state of Texas, they are bound by Texas traffic laws. That means the Texas court system would be involved if there were a lawsuit, and Texas insurance requirements take precedent over any other state’s insurance laws.

That means drivers coming through Texas should maintain at least $30,000 in auto liability insurance, and regional auto insurance companies sometimes aren’t familiar with Texas laws.

Why an Experienced Texas Lawyer is a Must

Since insurance companies from outside of Texas will be trying to settle things, it’s important to get an experienced Dallas auto accident attorney on your side. You want one that has been through dozens of cases like this before, knowing what to demand in a settlement, and how to investigate and gather all of the evidence to build your case.

Finally, you want an experienced Texas lawyer because they might be needed to track down a driver that has already returned to their home state. Texas law allows “Long Arm” statutes that gives us the ability to serve lawsuits to out-of-state drivers.

With so many highways criss-crossing the state, it’s quite possible you were in an accident with an 18-wheeler, which is often driven by an out-of-state truck driver. This also means you should be able to seek damages from the trucker’s employer, too. An experienced Texas lawyer will help you every step of the way.

A great Dallas auto accident attorney will help you understand what your rights are as a Texas resident going up against an out-of-state motorist after a car accident. Give Fears Nachawati a call at (214) 890-0711, or come talk to them at their base office in Dallas on Greenville Avenue. You can also visit their other Texas offices in Austin, Fort Worth, Houston and San Antonio, as well as their offices in Denver and Tampa.


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With offices across Texas, and attorneys licensed in Texas, Florida, Arkansas, New Mexico, California, Illinois, District of Columbia, Missouri and Oklahoma, Fears Nachawati is dedicated to attaining the best possible solutions for our clients’ business and personal needs. We strive to be professionals who are creative, empathetic and reliable.

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