What to Do After a Car Accident in Texas

November 30, 2024 by Adam Loewy

In 2023, Texas averaged more than 1,500 reported vehicle crashes each day (Texas Department of Transportation). Knowing how to respond after an accident helps protect your health, preserve evidence, and improve your ability to seek compensation under Texas law.

Immediate Steps at the Accident Scene

Prioritize Safety

  1. Move to a Safe Location: If your vehicle is drivable, pull over to the side of the road or move to a secure area to prevent further collisions. Turn on your hazard lights to alert other drivers and reduce the risk of additional accidents.
  2. Call 911: Even in minor accidents, calling 911 brings law enforcement to document the scene, which is critical for insurance claims and legal purposes. Emergency responders can assess injuries and determine whether additional assistance is needed.
  3. Check Yourself and Your Passengers: Assess yourself and any passengers for injuries. Provide detailed information about any injuries to emergency responders when they arrive.
  4. Check on the Other Driver and Passengers: Once you’ve made sure you are safe, check on the other driver and their passengers, but only if it is safe to do so. Share details about any injuries with emergency responders to help them prioritize care.
  5. Avoid Creating Additional Hazards: Stay away from active traffic lanes, and do not attempt to move anyone who appears seriously injured unless they are in immediate danger, such as from a fire. Moving someone improperly can worsen their injuries, so wait for trained emergency responders to assist.
  6. Notify the Texas Highway Patrol: If in a rural area of Texas and are able, you may want to notify the Texas Highway Patrol by calling 1-800-525-5555. 

When Calling 911 or Local Law Enforcement

Things to Avoid

  • Skipping Law Enforcement Notification: Even if the other driver suggests handling the situation privately, always notify law enforcement. Without an official report, proving fault or verifying events later can be difficult.
  • Assuming Others Will Call: In multi-vehicle accidents, don’t assume someone else will contact emergency services. Taking initiative ensures responders arrive promptly.
  • Skipping the Call for Minor Accidents: Even in cases of minor damage, having an official accident report protects you if the other party later disputes the events or claims additional damages.
  • Providing Incomplete Information: Be clear and accurate when speaking with emergency operators. Provide details about the location, number of vehicles involved, and any injuries. Omitting key information can delay response times.
  • Delaying the Call: Waiting to notify law enforcement or 911 can lead to issues like delayed medical care or incomplete accident reports. Acting quickly secures accurate documentation and prioritizes safety.

Exchange Information With All Drivers Involved

  1. Gather Identifying Details: Collect the following information from all drivers involved in the accident:
    • Full name and contact information
    • Driver’s license number
    • Insurance company and policy number
    • Vehicle license plate number and registration details
  2. Document the Interaction: Note whether the other driver cooperates or refuses to share information. If they refuse, inform the responding law enforcement officers, as this detail may be important for your insurance claim or legal case.
  3. Photograph Insurance and License Details: Take clear photos of the other driver’s insurance card, driver’s license, and license plate to guarantee accuracy and avoid potential disputes later.

Document the Scene Thoroughly

  1. Photograph the Entire Scene: Take wide-angle photos of the accident scene to show the positions of the vehicles and any relevant surroundings. Include traffic signs, skid marks, debris, and any nearby landmarks to provide context.
  2. Capture Vehicle Damage: Photograph all visible damage to your vehicle and the other vehicle(s) involved. Focus on dents, scratches, broken glass, or deployed airbags. Take close-up shots and broader images for a complete view.
  3. Record Road and Weather Conditions: Document environmental factors that may have contributed to the accident, such as wet pavement, potholes, or poor visibility. Records such as these can help establish liability in your claim.
  4. Document Injuries: Take photos of any visible injuries to yourself or passengers as soon as possible. Images can serve as time-stamped evidence for insurance claims or legal cases.
  5. Include Key Details: Photograph items like license plates, vehicle registration stickers, and any personal property damaged during the crash. If there are items on the road, such as fallen cargo or scattered belongings, include these in your documentation.
  6. Record Videos for Additional Context: Use video to supplement your photos by walking around the scene and narrating the details. Mention key elements like vehicle positions, traffic signals, and any visible damage or injuries.
  7. What to Avoid
    • Skipping Small Details: Even minor elements, like tire marks or debris, could be important later.
    • Altering the Scene: Avoid moving items unless it is necessary for safety. Changes to the scene can make evidence less reliable.
    • Relying Solely on Memory: Avoid assuming you’ll remember details later. Visual evidence provides clarity and prevents disputes.
    • Using Poor Lighting or Angles: Dim lighting or unclear photos can weaken your evidence. Adjust settings on your phone or use a flashlight if necessary.
    • Delaying Documentation: Waiting too long to document injuries or damage can reduce the reliability of your evidence. Time-stamped photos are more persuasive.
    • Failing to Secure Files: Make sure your photos and videos are saved and backed up, so they’re accessible for insurance claims or legal proceedings.

Pitfalls to Avoid at the Scene

  • Admitting Fault: Avoid making statements that imply responsibility, such as “I didn’t see you” or “I was in a rush.” Even casual apologies can be misconstrued as admissions of fault, which could impact your insurance claim or legal case.
  • Arguing with Other Drivers: Heated discussions or confrontations can escalate the situation and may be documented by others, potentially harming your case later. Focus on exchanging information and documenting the scene calmly.
  • Talking to Insurance Adjusters on the Spot: If an adjuster for the other driver’s insurance company arrives at the scene, do not provide a statement or discuss the details of the accident. Wait until you’ve consulted your own insurance provider or legal counsel.
  • Ignoring Witnesses: Failing to speak with witnesses or collect their contact information can mean losing valuable testimony that could support your version of events. Witness statements can be needed for resolving disputes.
  • Leaving the Scene Prematurely: Do not leave before law enforcement arrives and provides clearance, even if the other driver suggests it. Leaving prematurely may violate Texas law and could result in legal penalties or complications with your claim.
  • Failing to Secure Documentation: Be sure all evidence, including photos, videos, and witness details, is safely stored. Lost information could weaken your case.
  • Interfering with Emergency Responders: Avoid interfering with police, medical personnel, or firefighters. Let them do their work while you focus on your own safety and documentation.

Access Reports After the Accident

When a Crash Report Is Required

In Texas, law enforcement will file a crash report (Form CR-3) if the accident involves:

  • Injuries or fatalities
  • Property damage totaling $1,000 or more

If the accident does not meet these criteria, police are not required to file a report, although they may still respond to the scene for assistance. In such cases, it becomes your responsibility to document the incident thoroughly for your own records and insurance purposes.

What to Do If No Report Is Filed

  • Document the Incident: Gather as much information as possible, including photos of the scene, vehicle damage, road conditions, and contact details for all involved parties.
  • Save Records for Your Claim: Even without an official crash report, thorough documentation can support your case with your insurance company or in court.

Accessing Crash Reports

If law enforcement files a crash report, you can request a copy through the TxDOT Crash Records Information System (CRIS). Official reports may help provide additional evidence for your claim.

What to Avoid

  • Assuming No Documentation Is Needed: Even if a crash report isn’t required, failing to document the accident thoroughly can make it harder to file claims or prove your case later.
  • Delaying the Request for Reports: If you need a copy of the crash report for your case, obtain it as soon as possible to confirm accuracy and availability.

Seek Medical Attention

Why Timely Medical Care Is Necessary

Even if you feel fine after a car accident, you should always seek medical attention as soon as possible. Many injuries, such as concussions, internal bleeding, or soft tissue damage, may not show immediate symptoms but can worsen over time if untreated. For example:

  • Concussions: A mild head injury might initially seem like a headache but could lead to serious complications, such as memory loss or difficulty concentrating, if left unaddressed.
  • Internal Bleeding: May not cause visible symptoms right away but can quickly become life-threatening without prompt diagnosis.
  • Whiplash or Soft Tissue Injuries: May appear as minor discomfort but may develop into chronic pain or mobility issues without proper treatment.

Immediate medical care, in addition to protecting your health, creates official medical records. Detailed records can support any insurance claims or legal cases by linking injuries to the accident. If treatment is delayed, the opposing party could argue that your injuries are unrelated to the crash.

Document Medical Treatment for Your Claim

Detailed records of your medical treatment are fundamental in supporting your insurance claim or any potential case. Comprehensive records provide concrete evidence that connects your injuries to the accident and demonstrate the financial impact of your recovery.

What to Track

  • Medical Visits: Record the dates and locations of all appointments with doctors, specialists, or physical therapists.
  • Treatments and Prescriptions: Note any procedures, medications, or therapies prescribed by your healthcare provider.
  • Medical Expenses: Keep copies of bills, receipts, and insurance explanations of benefits (EOBs) for all treatments.

Tips for Aligning Records with Your Claim

  • Describe Accident-Related Injuries Clearly: Have your medical provider document how the injuries were caused by the accident. Documentation helps link the treatment to the incident.
  • Request Detailed Reports: Ask for thorough medical documentation that includes diagnoses, treatment plans, and any long-term implications of your injuries.
  • Follow the Treatment Plan: Insurers or opposing parties may find grounds to dispute the seriousness of your injuries if you fail to follow medical advice.

Why Medical Documentation Matters

Detailed medical records help establish the extent of your injuries and help you receive maximum compensation for the costs of recovery. Gaps or inconsistencies in treatment can weaken your case, as insurers may claim your injuries are unrelated or less severe than reported.

Notify Your Insurance Company Right Away

Report the Accident: Contact your insurance provider as soon as possible after the accident. Most policies require timely notification to comply with coverage terms. Be ready to provide:

  • The date, time, and location of the accident
  • Contact and insurance details for all involved parties
  • A brief description of the incident

Avoid Admitting Fault: Similar to voiding this at the scene, when talking to insurance adjusters or other insurance representatives, stick to factual statements and avoid speculating about what caused the accident or admitting fault. Even casual remarks, like “I thought I had the right of way” can be used to undermine your claim.

Request a Claim Number: Obtain a claim number from your insurer to track the progress of your case. Save all correspondence related to the claim.

Key Texas Laws That Affect Your Case

Statutes of Limitation in Texas

Victims of car accidents in Texas generally have two years from the date of the accident to file a personal injury lawsuit. The time limit is set by the Texas Civil Practice and Remedies Code and applies to claims for injuries, property damage, and wrongful death. Missing this deadline often means losing the right to pursue compensation in court.

Regardless of the limit, quick action after an accident is always important. Evidence such as medical records, accident reports, and witness statements are easier to collect and more reliable soon after the accident. Delays can also give insurance companies or opposing parties leverage to dispute your case.

Modified Comparative Fault

Texas follows a modified comparative fault rule when determining compensation in car accident cases. Under this rule:

  • A party’s compensation is reduced by their percentage of fault. For example, if you are found 20% at fault, your total award will be reduced by 20%.
  • If a party is more than 50% at fault, they cannot recover any compensation.

The rule makes it necessary to provide strong evidence showing the other party’s liability. Disputes over fault can significantly impact your ability to recover damages, which is why assistance from a skilled car accident attorney may be necessary to build a solid case.

Seeking Help from an Attorney

When to Consider Working with a Lawyer

You may wonder if you should get a lawyer after a car accident. Certain situations can make handling a claim on your own difficult. The following scenarios usually require a lawyer’s help to protect your rights and recover the compensation you deserve:

  • Severe Injuries: Cases involving hospitalization, surgery, or long-term medical care often require legal expertise to account for all costs and future needs.
  • Extensive Property Damage: Disputes over vehicle repairs or replacement costs can complicate claims, especially when fault is unclear or contested.
  • Liability Disputes: When there are disagreements about who caused the accident, an attorney can gather evidence, consult experts, and build a compelling case to prove liability.
  • Denied or Delayed Insurance Claims: A lawyer can step in when an insurer denies or delays your claim in order to protect your rights and move the process forward.
  • Uninsured or Underinsured Drivers: Legal assistance is especially valuable when dealing with drivers who lack adequate insurance, as these types of claims often involve additional legal hurdles.

What a Lawyer Can Do for You

Attorney representation provides significant advantages when pursuing compensation after a car accident. Attorneys bring specialized knowledge and resources to strengthen your case.

  1. Investigate the Accident: Lawyers collect evidence like police reports, witness statements, photographs, and video footage, to build a compelling case. They can examine overlooked details that can support your claim and establish liability.
  2. Consult Experts: Attorneys can bring in accident reconstruction specialists, medical professionals, and economic experts to validate your injuries and determine the full extent of your losses. Expert analysis and testimony often play a key role in achieving fair compensation.
  3. Negotiate with Insurers: If insurance companies attempt to minimize payouts or deny valid claims, a lawyer works on your behalf to secure a settlement that accounts for all damages, including medical bills, lost income, and pain and suffering.
  4. Represent You in Court: If negotiations fail, an attorney files a lawsuit and advocates for you at every stage of litigation. They handle court filings, evidence presentation, and arguments to maximize your chances of a favorable outcome.
  5. Manage Deadlines and Legal Processes: Lawyers track important deadlines, such as the statute of limitations, and handle the required paperwork to keep your case moving forward without procedural errors.
  6. Offer Peace of Mind: A lawyer allows you to focus on your physical and emotional recovery and feel confident that your claim is in capable hands.

Additional Resources for Texas Drivers

Emergency Services

  • Dial 911: For immediate emergencies involving injuries or significant damage.
  • Texas Highway Patrol: Report accidents on highways or in rural areas at 1-800-525-5555.

Texas Department of Transportation (TxDOT)

Local Police Departments

  • For accidents within city limits, contact the local police department to verify if a report was filed or to request assistance.

Local Hospitals and Emergency Medical Services

  • University Medical Center Brackenridge (Austin): 512-324-7000
  • Parkland Memorial Hospital (Dallas): 214-590-8000
  • Houston Methodist Hospital: 713-790-3311
  • Use the hospital nearest to the accident location for urgent care.

Legal Resources

  • Loewy Law Firm: If you need experienced legal guidance after a car accident, contact Loewy Law Firm for personalized support and a free case consultation. With expertise in Texas accident cases, our firm can help you secure the compensation you deserve. 

Towing Services and Roadside Assistance

  • AAA Roadside Assistance: 1-800-AAA-HELP (1-800-222-4357)
  • Texas Department of Public Safety Stranded Motorist Hotline: 1-800-525-5555.

Additional Resources

  • Federal Motor Carrier Safety Administration (FMCSA): For accidents involving commercial vehicles: 1-800-832-5660.
  • National Highway Traffic Safety Administration (NHTSA): Vehicle safety concerns and recalls: nhtsa.gov.

Downloadable Accident Checklist

Handling a car accident can be incredibly stressful. To make the process easier, we’ve created a free Accident Checklist you can download, print, and keep in your vehicle. The step-by-step guide below helps you manage the immediate actions you should take after an accident and make sure nothing is overlooked. Download it below and be prepared for the unexpected:

PRINTABLE ACCIDENT CHECKLIST

Moving Forward After an Accident

The actions you take after a car accident can shape your recovery—physically, financially, and legally. Collect evidence, visit a doctor promptly, and address insurance claims to stay in control of the situation. A skilled legal team can provide clarity and help you move forward with confidence.

Loewy Law Firm will stand by your side. With a proven record of success for accident victims in Texas, we offer personalized support to help you recover the compensation you deserve. Call us today at (512) 280-0800 or fill out our contact form to schedule a free consultation and take the first step toward resolution.

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