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, here’s the step-by-step I give to every new client. Hopefully you’re reading this in advance, before anything has happened. If you’re reading this from the side of a road or a hospital bed: skip to the section that fits where you are right now.

In the first hour: at the scene

Get to safety, then call 911. If anyone is hurt and you can move, get out of the path of traffic. Then call 911 even if no injuries are obvious. A Texas police report is not technically required for every crash, but the report is foundational evidence, and the responding officer’s observations are admissible. Don’t skip this step because the other driver wants to “just exchange information.”

Take photos. A lot of them. Phones are now better than the cameras professional accident reconstructionists used in 1995. Use yours:

• All four sides of every vehicle involved
• License plates and VIN stickers (visible in the doorjamb)
• The road, skid marks, debris field, traffic signals, posted speed limits
• The position of the vehicles before they’re moved
• Your own visible injuries — bruises, cuts, road rash
• The other driver’s insurance card and license

These photos are most valuable in the first 30 minutes, before vehicles get towed and the scene gets cleaned up. After that, the evidence is gone.

Get witness names and numbers. Anyone who saw the crash and isn’t part of it. Witnesses who hand you a card or a phone number now will not be reachable in two months when their statement matters. Get the contact info while you have it.

Don’t admit fault. Don’t apologize. Texas insurance defense lawyers are very practiced at turning casual statements like “I’m sorry” or “I didn’t see them” into admissions of liability. The law requires you to exchange information and report what happened to police. It does not require you to assign blame at the scene. Stick to facts: what you did, what you saw. Save the analysis for later.

In the first day: medical and insurance

Get medical attention. Today. Even if you feel fine. Especially if you feel fine. Adrenaline masks injuries — drivers walk away from serious crashes feeling unhurt and wake up the next day unable to move. ER triage notes from the day of the crash are some of the most important records in your case, because they document the connection between the crash and your injuries before any insurance dispute starts. If you wait three weeks before seeing a doctor, every adjuster on the case will argue your injuries weren’t really caused by the accident.

If you don’t have insurance: emergency rooms are required to evaluate you regardless of ability to pay. Texas hospitals routinely treat injury-claim patients on a lien basis (they get paid out of your settlement). Don’t skip care because of cost.

Report to your own insurance company. Most policies require notice within a “reasonable time” after a crash. Reporting protects your right to use your own coverage if needed (uninsured/underinsured motorist, MedPay, collision). What you tell your insurer is generally protected — they’re on your side, sort of.

Do NOT report to the other driver’s insurance. Within 24–48 hours, the at-fault driver’s insurer will call you. Very politely. They’ll say they want to “make sure you’re okay” and “get a quick recorded statement.” Decline. Anything you say will be recorded and used to reduce your settlement. The phrase “I’m feeling a little better today” gets translated into “the claimant admitted to feeling fine” in their adjuster’s notes. There is no version of this conversation that helps you.

If you must talk to them, do it through a lawyer. That’s what we’re for.

In the first week: documentation and decisions

Keep a recovery journal. Every day, write down: pain level (0–10), what you couldn’t do that you’d normally do, doctor visits, medications. This is one of the most underused tools in personal injury cases — by the time the case settles, you won’t accurately remember how bad week 2 was unless you wrote it down.

Save everything. Receipts for medications, parking at medical appointments, mileage to and from doctors, replacement for items damaged in the crash. These are recoverable damages but only if you can prove them.

Don’t post about the accident on social media. Insurance defense investigators routinely scour Facebook, Instagram, TikTok, and X for posts that contradict injury claims. A photo of you at a family BBQ — even sitting still — can be used to argue you weren’t really hurt. Don’t post about the accident, your injuries, your case, or your activities. Tell family members the same.

Don’t sign anything from the other side without legal review. The at-fault driver’s insurance company will offer a quick settlement — often $1,500 or $2,500 in the first week, before you know the full extent of your injuries. They will ask you to sign a release of all claims. Once you sign, the case is over forever, regardless of what your medical bills turn into. Have a lawyer read it before you sign. Always.

What you should think about: do you actually need a lawyer?

Not every car accident requires hiring an attorney. If your only damage is a $1,800 bumper repair and you weren’t hurt, deal directly with insurance. But you should at least consult a lawyer if:

• You went to the emergency room or required ongoing medical treatment
• You missed work because of injuries
• The other driver’s insurance company is denying liability or low-balling you
• Your injuries are still unresolved after 30 days
• A commercial vehicle, drunk driver, or serious crime was involved
• A loved one was killed

Initial consultations are free. We’ll tell you straight whether your case is worth pursuing or whether you should just file with your own insurance and move on. We don’t take cases we can’t add value to — that’s how injury cases on contingency actually work.

Texas-specific things 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. After that, the case is gone — even if liability is crystal clear. Don’t wait.

Comparative fault rule: 51% bar. Texas reduces your recovery by your share of fault. If you’re 51% or more at fault, you recover nothing. If you’re 50% or less, you still recover — just reduced. Insurance companies push hard to get clients above 51%. We’ve covered this in detail in our comparative fault guide.

Minimum coverage: 30/60/25. Texas drivers must carry $30K per person / $60K per accident / $25K property damage. Many serious injuries blow past those limits — that’s where uninsured/underinsured motorist coverage on your own policy becomes critical.

Recoverable damages. In Texas you can recover medical expenses (past and future), lost wages, lost earning capacity, property damage, pain and suffering, and in egregious cases punitive damages. The mix and the math depend on the specifics.

When to call us

We answer phones 24/7 and respond same business day to all messages. The first conversation is free, confidential, and with Kent — not an intake clerk. If you’re not sure whether you have a case, call anyway. We’d rather have a 10-minute call that ends with “you don’t need a lawyer” than have you find out a year later that you missed the chance to do something about a real injury.

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