What to do after a car accident in Texas — a step-by-step guide

The minutes and hours after a car accident are when most cases are won or lost — long before any lawyer gets involved. The decisions you make in that window shape what evidence exists, what the insurance companies know about you, and how strong your case is when it eventually lands on a desk for evaluation.

After 30 years of handling Texas injury cases and more than 15,000 clients, here is the step-by-step guide I give every new client. Read it now, before anything happens. If you are reading this from a roadside or a hospital room, skip to the section that applies to where you are.

In the first hour: at the scene

Get to safety, then call 911. If anyone is hurt and you can move, get clear of traffic first. Then call 911 even if no injuries seem obvious. Texas Transportation Code §550.026 requires reporting any accident resulting in injury or death. A police report is foundational evidence — the responding officer’s observations, diagram, and contributing-factor designation will anchor every insurance negotiation that follows. Never agree to “just exchange information” and skip the report.

Document everything before it moves. Your phone camera is better than the equipment professional accident reconstructionists used two decades ago. Use it immediately:

• All four sides of every vehicle involved, including undercarriage damage if accessible
• License plates and VIN stickers (visible in the doorjamb or windshield)
• Skid marks, debris field, fluid spills, broken glass — the entire road surface
• Traffic signals, stop signs, posted speed limits, lane markings
• The position of vehicles before they are moved by responders
• Your own visible injuries — bruising, cuts, road rash, swelling
• The other driver’s insurance card, license, and registration
• Weather conditions, lighting, and any road hazards

Photos taken in the first 30 minutes are worth more than photos taken two hours later. The scene gets cleaned up fast. The evidence disappears with it.

Get witness contacts. Any bystander who saw the crash and was not involved. Get their name and a phone number while you have them in front of you — people who give you a card at the scene will not be findable in six weeks when their testimony matters. If someone is reluctant to give their number, note their license plate so an investigator can locate them later.

Control what you say. Texas insurance defense lawyers are trained to convert casual post-accident statements into admissions of liability. “I’m sorry” becomes evidence of fault. “I didn’t see them” becomes an admission of inattention. You are legally required to exchange information and cooperate with responding officers. You are not required to analyze who caused the crash. Stick to factual observations: what you were doing, what you saw, the sequence of events. Leave cause analysis for later.

In the first 24 hours: medical and insurance

Get medical attention today. This is the single most important item on this list. Even if you feel fine. Especially if you feel fine. Adrenaline and shock suppress pain signals — drivers walk away from serious crashes feeling unhurt and cannot get out of bed the next morning. Emergency room triage notes from the day of the crash document the connection between the collision and your injuries before any insurance dispute begins. A three-week gap between crash and first medical visit is one of the most common and most damaging mistakes in a Texas injury case.

If you do not have insurance: Texas emergency rooms are required to evaluate you regardless of ability to pay under the federal Emergency Medical Treatment and Labor Act (EMTALA). Most personal injury medical providers — orthopedists, chiropractors, physical therapists — treat patients on a lien basis. They defer payment until your case settles. Do not let cost stop you from getting care.

Report to your own insurance company. Most policies require notice within a “reasonable time” after an accident. Reporting promptly protects your right to use your own coverage: uninsured/underinsured motorist (UM/UIM), Medical Payments (MedPay), personal injury protection (PIP), and collision. What you say to your own insurer is generally protected — they are on your side, within limits.

Do not give a recorded statement to the other driver’s insurer. Within 24 to 48 hours, the at-fault driver’s insurance company will call you. The adjuster will be polite, express concern for your wellbeing, and ask for a “quick recorded statement.” Decline. There is no legal obligation to give this statement. Everything you say will be recorded, transcribed, and reviewed by their legal team looking for any phrase they can use to reduce your recovery. “I’m feeling a little better today” gets noted as “claimant admitted to feeling fine.” The only version of that conversation that helps the carrier is the one where you say something that hurts you.

If you must communicate with them, do it through a lawyer. That is what we are for.

In the first week: evidence, documentation, decisions

Start a daily recovery journal. Each day, write down your pain level on a scale of 0 to 10, the activities you could not do that day that you would normally do, all medical appointments, and any medications taken. This is one of the most underused evidence tools in Texas injury cases. By the time a case reaches settlement — often 12 to 18 months after the crash — you will not accurately remember how bad week two felt unless you wrote it down. Juries and adjusters respond to specific, dated records.

Save every receipt. Prescription medications, over-the-counter pain relievers, mileage to and from medical appointments (currently $0.21 per mile under IRS guidelines), parking at medical facilities, and any property damaged in the crash. These are all recoverable items under Texas law, but only if you can document them.

Freeze your social media. Insurance defense investigators routinely monitor Facebook, Instagram, TikTok, and X for posts that contradict injury claims. A single photo of you at a family event — even sitting completely still — gets used to argue you were not really hurt. Do not post about the accident, your injuries, your case, your recovery, or your daily activities. Tell family members the same thing. The defense bar has entire teams dedicated to social media surveillance.

Do not sign anything from the other side without legal review. Early in the process — sometimes within the first week — the at-fault driver’s insurer will offer a quick settlement. Often $1,500 to $2,500. They will ask you to sign a release of all claims. The release language is broad, binding, and permanent. Once you sign, the case is closed forever regardless of what your medical bills turn into, what surgeries you later need, or what your lost wages amount to over the coming months. Have a lawyer review every document before you put your name on it.

Texas law: what you need to know

Statute of limitations: 2 years. Texas Civil Practice & Remedies Code §16.003 gives you two years from the date of the accident to file a personal injury lawsuit. This deadline is hard. Courts almost never extend it. If you miss it, the case is gone — even if liability is absolutely clear, even if you have significant documented injuries. Do not let the two-year deadline creep up without taking action.

Modified comparative fault — the 51% bar. Texas Civil Practice & Remedies Code §33.001 governs how fault percentages affect your recovery. If a jury finds you 50% or less at fault, you recover damages reduced by your fault percentage. If you are found 51% or more at fault, you recover nothing. This threshold is why insurance companies invest so much effort in assigning you partial responsibility for the crash. Getting pushed above 51% is how carriers eliminate your recovery entirely. We cover this in detail in our comparative fault guide.

Minimum insurance requirements. Texas law requires all drivers to carry liability coverage of at least $30,000 per person, $60,000 per accident, and $25,000 for property damage. Many serious injury cases blow past these limits immediately. When that happens, your own uninsured/underinsured motorist (UM/UIM) coverage fills the gap — but only if you purchased it. Check your own policy.

What damages are recoverable. In a Texas car accident case you can recover: past and future medical expenses, past and future lost wages, lost earning capacity, property damage, pain and suffering, mental anguish, physical impairment, disfigurement, and in cases involving gross negligence or intentional misconduct, exemplary damages under Chapter 41 of the Texas Civil Practice & Remedies Code. The exact mix and the math depend on your specific facts.

Specific situations that change the analysis

Commercial vehicles and 18-wheelers. Truck accident cases involve federal regulations, multiple defendants (driver, carrier, shipper, broker), and more aggressive defense. The investigation needs to start immediately to preserve electronic logging device (ELD) data, which can be legally deleted after 6 months. See our detailed truck accident guide.

Motorcycle crashes. Riders face unique liability dynamics — presumptive juror bias, aggressive comparative-fault disputes, and insurance arguments centered on speed or lane position. Early forensic evidence (witness statements, dashcam footage, EDR data from the other vehicle) is decisive. See our motorcycle accident cases page.

Hit-and-run accidents. If the at-fault driver fled, your own UM/UIM coverage becomes your primary recovery vehicle. Texas requires insurers to offer UM/UIM coverage — check your declarations page. File a police report immediately; UM/UIM claims require documented proof you reported the incident.

Drunk driver accidents. DWI accidents can support claims for exemplary (punitive) damages in addition to actual damages. The criminal case and civil case run parallel — the criminal conviction is admissible in the civil proceeding. These cases require coordinating with the district attorney’s office and preserving breath/blood test evidence early.

Rideshare accidents (Uber/Lyft). Liability depends on whether the driver was actively transporting a passenger, had the app on, or was off duty. Each scenario triggers different insurance tiers under the company’s policy. The analysis is specific — call us before dealing with Uber or Lyft’s claims process directly.

Uninsured drivers. Texas has a high rate of uninsured drivers. If the at-fault driver had no insurance, your UM coverage is the source of recovery. Texas also maintains the Texas Automobile Insurance Plan Association (TAIPA) for drivers who cannot obtain standard coverage — understanding whether it applies requires a carrier-by-carrier analysis.

Fatal accidents. Crashes that result in death proceed under the Texas Wrongful Death Act and the Survival Statute. The case is brought by the decedent’s estate and surviving spouse, children, or parents — not the decedent. Timelines, eligible parties, and recoverable damages all differ from a standard injury case. See our wrongful death claims page.

Do you actually need a lawyer?

Not every Texas car accident case requires hiring an attorney. If you have a $1,800 fender bender with no injuries and clear liability, filing directly with insurance is fine. But consider consulting a lawyer if any of the following apply:

• You went to the emergency room or required ongoing medical treatment
• You missed work because of injuries
• The other driver’s insurer is denying liability or making a low initial offer
• Your injuries are still unresolved at 30 days
• A commercial vehicle, drunk driver, or government vehicle was involved
• A passenger, pedestrian, or cyclist was injured
• A loved one was killed

First consultations are free. We will tell you directly whether hiring us adds value to your case or whether you are better off handling it yourself. We work on contingency — we only get paid if we recover for you — which means we have no reason to take a case we cannot improve.

When to call us

We answer phones 24 hours a day, 7 days a week. Every call is responded to same business day. The first conversation is with Kent Starr — not an intake clerk or a paralegal. If you are not sure whether you have a case worth pursuing, call anyway. A 10-minute conversation that ends with “you don’t need a lawyer” is still more useful than spending a year wondering whether you left money on the table.

Phone: (214) 982-1408. Or send a message. For more on specific accident types, see our car accidents practice area page.

Frequently asked questions

Do I have to call the police after a car accident in Texas?

Texas Transportation Code §550.026 requires you to report any accident involving injury, death, or property damage over $1,000. Even when technically not required, a police report creates foundational evidence. Always call 911 if anyone is hurt.

How long do I have to file a lawsuit in Texas?

Two years from the date of the accident under Texas Civil Practice & Remedies Code §16.003. This deadline is rigid. Missing it permanently bars your claim no matter how strong the liability evidence is.

Should I give a recorded statement to the other driver’s insurer?

No. You have no legal obligation to do so. Everything you say gets recorded and reviewed for anything that can be used to reduce your settlement. Decline politely and consult a lawyer before any substantive conversation with the at-fault driver’s carrier.

Can I recover if I was partially at fault?

Yes — as long as you were 50% or less responsible. Texas’s modified comparative fault rule reduces your recovery by your fault percentage but does not eliminate it unless you cross the 51% threshold. See our comparative fault guide for how fault percentages are calculated and contested.

What if I cannot afford medical care?

Texas emergency rooms must evaluate you regardless of ability to pay. Most personal injury medical providers work on a lien basis — deferred until your case settles. Cost should never prevent you from seeking treatment after a crash.