Texas Personal Injury Resource
What to Do After a Car Accident in Texas — A Step-by-Step Guide
The decisions you make in the hours and days after a car accident can dramatically affect your ability to recover full compensation. Here is exactly what to do — and what not to do.
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At the Scene — Immediate Steps
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 for your insurance claim and any future legal action. Do not move seriously injured people unless there is immediate danger.
Move to Safety
If the vehicles are drivable and it is safe to do so, move them out of traffic to prevent secondary accidents. Turn on hazard lights and set out flares or warning triangles if available.
Document Everything at the Scene
Use your phone to photograph and video:
- All vehicles from multiple angles, including damage and license plates
- The road, intersection, traffic signs, and any skid marks
- Your injuries and those of your passengers
- Weather and road conditions
- The other driver’s license, insurance card, and registration
- Names and contact information of all witnesses
Do Not Admit Fault
Do not apologize, admit fault, or make statements about what happened — even casually. Fault determination is complex and involves multiple factors. Anything you say can be used against you. Limit conversation with the other driver to exchanging insurance information.
Get the Police Report Information
Get the responding officer’s name and badge number, and ask how to obtain a copy of the accident report. In Texas, you can typically obtain a crash report through the Texas Department of Transportation within a few days.
In the Hours After — Critical Actions
Seek Medical Attention Immediately
Go to an emergency room, urgent care, or your doctor the same day — even if you feel fine. Many injuries (whiplash, concussion, internal injuries) do not show symptoms immediately. Delayed medical treatment gives insurance companies grounds to argue your injuries were not caused by the accident.
Notify Your Insurance Company
Report the accident to your own insurance company promptly. Your policy likely requires timely reporting. Be factual and brief. Do not give a recorded statement to the other driver’s insurance company without consulting an attorney first.
Write Down Everything You Remember
While memory is fresh, write a detailed account of what happened — the sequence of events, what you saw, what the other driver said, road and weather conditions. Include how you feel physically. This contemporaneous account can be invaluable later.
Dealing with Insurance Companies
Insurance companies are not on your side. Their adjusters are trained to minimize payouts — and they are very good at it. Here is what you need to know:
| What They Do | How to Protect Yourself |
|---|---|
| Contact you quickly to get a recorded statement | Politely decline until you have consulted an attorney. You are not legally required to give one. |
| Offer a fast, low settlement | Do not accept any settlement until you know the full extent of your injuries — which may take months |
| Argue your injuries are pre-existing or unrelated | Consistent medical documentation linking injuries to the accident is your defense |
| Claim you were partially at fault | Texas is a modified comparative fault state — you can recover if you are less than 51% at fault, but your recovery is reduced by your percentage |
| Delay and drag out the process | Having an attorney typically accelerates the process and improves outcomes significantly |
Do Not Sign Anything
Do not sign any release or settlement agreement without consulting an attorney. A signed release typically waives all future claims — including for injuries that have not yet fully manifested. Once you sign, there is no going back.
Medical Treatment and Documentation
Your medical records are the backbone of your injury claim. How you handle medical treatment directly affects the value of your case:
- Seek treatment immediately — gaps in treatment are used to argue your injuries are not serious
- Follow your doctor’s recommendations — failing to follow treatment plans gives insurance companies grounds to argue you failed to mitigate your damages
- Tell your doctors everything — every symptom, every area of pain. Symptoms not documented at the time of treatment are very difficult to recover for later
- Keep all records, bills, and receipts — medical bills, prescriptions, therapy, chiropractic, lost wage documentation, everything
- Keep a pain diary — daily notes on how you feel, what you cannot do, how your injuries affect your life and work
When You Need an Attorney
You should consult a personal injury attorney any time you are injured in a car accident. You need one urgently when:
- You have sustained significant injuries requiring medical treatment
- You have missed work or lost income
- Liability is disputed
- The other driver was uninsured or underinsured
- A commercial truck, company vehicle, or government vehicle was involved
- Multiple parties were involved
- The insurance company is denying your claim or offering an unreasonably low settlement
- Someone was killed
Carl’s Note
Insurance companies settle cases for significantly more money when the injured party has an attorney. Studies consistently show that represented claimants receive higher settlements even after attorney fees. The consultation is free — there is no reason not to call.
What Not to Do After a Car Accident
- Do not post about the accident on social media. Insurance companies monitor claimants’ social media.
- Do not give a recorded statement to the other driver’s insurer without consulting an attorney
- Do not accept the first settlement offer — it is almost always far below what your case is worth
- Do not delay medical treatment — every day you wait weakens your case
- Do not miss medical appointments
- Do not discuss the accident details with anyone except your attorney and doctor
What Compensation You May Be Entitled To
| Type of Damages | Examples |
|---|---|
| Medical expenses | Emergency room, surgery, hospitalization, physical therapy, chiropractic, future medical care |
| Lost wages | Income lost while recovering, lost earning capacity if injuries are permanent |
| Pain and suffering | Physical pain, emotional distress, mental anguish, reduced quality of life |
| Property damage | Vehicle repair or replacement, personal property damaged in the accident |
| Loss of consortium | Impact on relationships with spouse or family members |
| Punitive damages | Available in cases of gross negligence or drunk driving — punishment beyond actual damages |
Texas Statute of Limitations
In Texas, you have two years from the date of the accident to file a personal injury lawsuit. This deadline is strict — missing it almost always means losing your right to recover.
Do not wait. Evidence disappears, witnesses forget, and building a strong case takes time. The sooner you consult an attorney, the better positioned you are.
Central Texas Personal Injury Law
Insurance companies don’t pay fairly out of goodwill. Strategy matters.
Carl Knickerbocker has recovered millions for Central Texas accident victims. Free consultation — no fee unless you win.
Free Case Consultation (512) 763-9282