Texas Personal Injury Resource
What to Do After a Car Accident in Texas — A Step-by-Step Guide
The decisions you make in the minutes, hours, and days after a car accident in Texas directly affect the value of your claim — and whether you have one at all. This guide walks you through every step, from the scene of the accident to working with an attorney, so you know exactly what to do and what to avoid.
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At the Scene — What to Do Immediately
Check for injuries and call 911
Check yourself and all passengers for injuries. Call 911 immediately — even if injuries seem minor. A police report is essential evidence for your claim and is required by Texas law when there is injury, death, or property damage exceeding $1,000 (Tex. Transp. Code §550.026).
Stay at the scene
Leaving the scene of an accident involving injury or death is a criminal offense in Texas (Tex. Transp. Code §550.021). Stay until law enforcement releases you.
Exchange information — but limit conversation
Exchange name, address, phone number, driver’s license number, license plate, and insurance information with the other driver. Do not discuss fault, apologize, or make any statements about the accident beyond what is necessary. Even “I’m sorry” can be used as an admission of fault.
Document the scene
Photograph everything — vehicle positions, damage to all vehicles, skid marks, road conditions, traffic signs and signals, your injuries, and the overall scene. Take photos from multiple angles before vehicles are moved. Video is even better.
Get witness information
If anyone witnessed the accident, get their name and contact information before they leave. Witness accounts from neutral third parties carry significant weight.
Get the police report information
Ask the responding officer for the incident report number and how to obtain a copy. The police report typically takes a few days to become available and is essential documentation for your claim.
Medical Attention — Even If You Feel Fine
Get medical attention the same day — even if you feel fine. This is one of the most important steps and one of the most commonly skipped.
Adrenaline after an accident masks pain. Many serious injuries — including traumatic brain injuries, spinal injuries, soft tissue damage, and internal bleeding — are not immediately apparent and can worsen significantly without treatment. The most common car accident injuries to watch for:
- Whiplash and soft tissue injuries — neck and back pain that develops hours or days after the accident
- Concussion and traumatic brain injury — headache, confusion, sensitivity to light, mood changes
- Spinal cord injuries — numbness, tingling, weakness in extremities
- Internal injuries — abdominal pain, bruising, dizziness
- Psychological trauma — anxiety, nightmares, avoidance of driving
The Insurance Company Will Use a Gap in Treatment Against You
If you wait days or weeks to seek medical attention, the insurance company will argue that your injuries were not caused by the accident or are not as serious as claimed. A same-day or next-day medical evaluation creates a contemporaneous record that connects your injuries to the crash. Do not give them this argument.
Preserving Evidence After the Accident
| Evidence | How to Preserve It | Why It Matters |
|---|---|---|
| Scene photographs | Take at the scene; return to photograph road conditions, signs, intersections | Establishes fault, road conditions, vehicle positions |
| Vehicle damage | Photograph before any repairs; request repair estimates from multiple shops | Corroborates impact severity and injury claims |
| Injury photos | Photograph injuries immediately and over time as bruising develops | Documents the progression of physical harm |
| Medical records | Keep all records, bills, prescriptions, and treatment notes | Documents injuries and economic damages |
| Symptom journal | Daily notes on pain levels, limitations, and how injuries affect daily life | Supports pain and suffering damages |
| Lost wage documentation | Pay stubs, employer letters, tax returns confirming income | Establishes economic damages from missed work |
| Dashcam footage | Download immediately if you have a dashcam; request footage from other vehicles | Objective video evidence of the accident |
Dealing With Insurance Companies
You must notify your own insurance company of the accident promptly — most policies require it. However, you have no obligation to give a recorded statement to the other driver’s insurance company, and doing so without legal representation is almost always a mistake.
Insurance adjusters for the at-fault driver’s company are trained to minimize claims. Common tactics include:
- Calling immediately after the accident to get a recorded statement while you are still in shock
- Asking leading questions designed to elicit statements that minimize your injuries or establish partial fault
- Making a quick lowball settlement offer before you know the full extent of your injuries
- Using your social media posts to argue that you are not as injured as claimed
Never Accept a Quick Settlement Without Legal Advice
Early settlement offers are almost always below the value of your claim — often significantly. Once you sign a release, you cannot go back for additional compensation even if your injuries turn out to be more serious than initially apparent. Do not accept any settlement offer without first consulting an attorney.
Mistakes That Damage or Destroy Car Accident Claims
| Mistake | Why It Hurts Your Claim |
|---|---|
| Delaying medical treatment | Insurance companies argue the gap means you were not injured in the accident |
| Giving a recorded statement | Your words are used to minimize injuries and establish partial fault |
| Posting on social media | Activity photos and posts are used to contradict injury claims |
| Accepting a quick settlement | You permanently release all claims — including for future medical costs |
| Apologizing or admitting fault | Statements made at the scene can be used as admissions of comparative fault |
| Failing to follow medical advice | Gaps in treatment or non-compliance are used to argue injuries are not serious |
| Waiting too long to consult an attorney | Evidence disappears, witnesses become unavailable, statute of limitations runs |
Texas Car Accident Laws You Need to Know
Modified Comparative Fault
Texas follows a modified comparative fault rule (Tex. Civ. Prac. & Rem. Code §33.001). If you are found partially at fault for the accident, your damages are reduced proportionally. If you are found more than 50% at fault, you are barred from recovery entirely. Insurance companies routinely try to shift fault to the injured party to reduce or eliminate claims.
Minimum Insurance Requirements
Texas requires drivers to carry minimum liability insurance of $30,000 per person/$60,000 per accident for bodily injury and $25,000 for property damage (30/60/25). Many drivers carry only the minimum — and many carry none at all. Texas has one of the highest rates of uninsured drivers in the country, which is why uninsured/underinsured motorist (UM/UIM) coverage on your own policy is so important.
Reporting Requirements
Texas law requires drivers to report accidents involving injury, death, or property damage over $1,000 to law enforcement (Tex. Transp. Code §550.026). Failure to report is a misdemeanor offense.
What Damages You Can Recover in a Texas Car Accident Case
| Damage Category | What It Covers |
|---|---|
| Medical expenses | Emergency treatment, hospitalization, surgery, rehabilitation, ongoing care, and future medical needs |
| Lost wages | Income lost during recovery — and reduced future earning capacity if the injury is permanent |
| Pain and suffering | Physical pain, discomfort, and the impact of your injuries on daily life |
| Mental anguish | Emotional distress, anxiety, PTSD, and psychological effects of the accident and injuries |
| Property damage | Repair or replacement of your vehicle and other personal property |
| Loss of consortium | Impact on your marital relationship — available to your spouse |
| Exemplary damages | Available when the defendant’s conduct was grossly negligent or malicious — drunk driving, road rage |
When to Contact a Car Accident Attorney
As soon as possible after the accident — particularly if there are injuries, significant property damage, a dispute about fault, or any contact from the other driver’s insurance company.
An experienced car accident attorney can preserve critical evidence, handle all communications with insurance companies so you do not inadvertently damage your claim, accurately assess the value of your damages, negotiate from strength, and take the case to trial if a fair settlement cannot be reached.
Personal injury attorneys handle car accident cases on a contingency fee basis — you pay no attorney’s fees unless the case is resolved in your favor. The fee is a percentage of the recovery. There is no cost to consult.
Statute of Limitations — Do Not Miss the Deadline
Personal injury claims from car accidents in Texas must be filed within two years from the date of the accident (Tex. Civ. Prac. & Rem. Code §16.003). Missing this deadline permanently bars your recovery — regardless of how strong your case is.
Do not wait. Evidence disappears. Witnesses move on. Insurance companies are not on your side. Contact an attorney early so your claim is protected from the beginning.
Central Texas Personal Injury
The insurance company is already working. You should be too.
Carl Knickerbocker handles car accident cases throughout Round Rock, Georgetown, and Central Texas. Free consultation. No fee unless we recover.
Schedule a Free Consultation (512) 763-9282