What to Do After a Car Accident in Texas: Step-by-Step

The seconds after a collision blur together—broken glass, deployed airbags, adrenaline. What you do next can mean the difference between a clean insurance settlement and a legal nightmare. Serious-injury crashes occur across Texas every day, and thousands more fender-benders go unreported, leaving drivers vulnerable to claim disputes, hidden injuries, and financial fallout they never saw coming. The critical window opens the instant metal meets metal, and the choices you make in those first minutes ripple through months of medical bills, insurance negotiations, and potential litigation.

Whether you're sitting in stopped traffic on I-35 in Austin or navigating a Houston intersection at rush hour, understanding the legal and practical steps after a crash transforms chaos into clarity. Texas law imposes specific duties on drivers involved in collisions, and missing even one can jeopardize your health, your wallet, and your legal options.

Immediate Actions at the Accident Scene

Stop and Assess Safety

Texas Transportation Code § 550.021 requires every driver involved in a crash resulting in injury, death, or property damage to stop immediately at the scene or as close as possible. Leaving the scene—even if you believe the damage is minor—exposes you to hit-and-run charges, a potential felony if anyone was injured.

Once stopped, assess whether anyone needs emergency medical attention. If injuries are apparent or suspected:

• Call 911 immediately
• Turn on hazard lights
• Set up flares or triangles if you have them (especially critical on high-speed roads like I-10 or Loop 410 in San Antonio)
• Move vehicles out of traffic lanes only if it's safe and no one is seriously hurt

Texas law permits moving vehicles to avoid obstructing traffic when the crash involves only property damage and all vehicles can operate under their own power. Photograph the original positions first if you move the cars.

Exchange Information with All Parties

Texas Transportation Code § 550.023 mandates that drivers exchange specific information. Collect:

• Full legal names and addresses of all drivers and owners (if different)
• Driver's license numbers and states of issuance
• Vehicle registration details and license plate numbers
• Insurance company names, policy numbers, and contact information
• Contact details for all passengers and witnesses

Stay calm and factual. A simple script: "Are you okay? Let's exchange our insurance and contact information." Focus on gathering the required details without speculation.

Avoid discussing fault or making apologies. In Texas, any statement you make can be used by the other party's insurer to establish comparative negligence under CPRC § 33.001. Even well-intentioned expressions of sympathy can be twisted into admissions that damage your claim. Stick to the facts: names, numbers, and observable conditions.

Document Everything with Photos and Notes

Insurance adjusters and attorneys build cases on evidence, not memory. Use your phone to capture:

• Wide-angle shots showing the positions of all vehicles, traffic signals, and road conditions
• Close-ups of damage to every vehicle from multiple angles
• Skid marks, debris fields, broken glass patterns
• Traffic signs, signals, and lane markings
• Weather and lighting conditions
• Injuries (visible cuts, bruises, swelling)

Write down the exact time, location (cross streets or highway mile marker), and a brief narrative of what you observed before impact. Note the direction each vehicle was traveling. If the other driver makes statements about distraction, speeding, or intoxication, record those verbatim.

When Police Arrive: What to Say

Texas Transportation Code § 550.026 requires law enforcement to investigate crashes involving injury, death, or property damage exceeding $1,000. In practice, many urban departments no longer respond to minor property-damage-only collisions unless vehicles block traffic.

If an officer arrives:

• Provide your identification, registration, and insurance card
• Answer factual questions about the collision honestly
• Do not speculate or guess if you're unsure—say "I don't know"
• Request the officer's name, badge number, and crash report number
• Ask how to obtain a copy of the report (usually available through the Texas Peace Officer's Crash Reports portal after 7–10 days)

The crash report is not admissible in Texas civil trials under Transportation Code § 550.065, but insurers rely heavily on the officer's assessment when evaluating liability.

Medical Evaluation: Why You Cannot Skip This

The 72-Hour Rule Insurers Use Against You

Adrenaline and shock mask injuries. Soft-tissue damage, internal bleeding, and traumatic brain injuries often present no symptoms for hours or even days. Yet insurance adjusters treat delayed medical treatment as evidence you weren't really hurt.

Whiplash symptoms can take time to manifest, while subdural hematomas may not cause noticeable deficits for a week or more. Despite this medical reality, Texas insurers routinely argue that any significant gap between collision and first treatment proves the injuries were pre-existing or unrelated.

Where to Seek Treatment

Go to an emergency room if you experience:

• Head, neck, or back pain
• Loss of consciousness (even briefly)
• Confusion, memory gaps, or altered mental state
• Abdominal pain or bruising (suggests internal injury)
• Numbness, tingling, or weakness in limbs

For less urgent injuries, see your primary care physician within 24 hours. If you don't have a regular doctor, visit an urgent care clinic—but understand that some insurers give less weight to urgent-care diagnoses than ER or specialist evaluations.

Tell the Doctor Everything

Describe every symptom, even minor aches. Medical records are legal documents. If you don't mention shoulder stiffness during the initial exam, the defense attorney will argue in depositions that the injury must have occurred later. Be specific:

• Where does it hurt (front of neck vs. base of skull makes a clinical difference)?
• What movements or positions make it worse?
• Are you experiencing headaches, dizziness, nausea, blurred vision, or ringing in the ears?

Follow All Treatment Recommendations

Insurers scrutinize "gaps in care." Missing physical therapy appointments or failing to follow up with a specialist hands the defense a pre-made argument: if you were truly injured, you would have completed treatment. Texas juries are instructed under CPRC § 41.0105 that they may consider a plaintiff's failure to mitigate damages—which includes following doctor's orders.

Unsure if your injuries warrant legal action? If you're experiencing persistent pain, facing mounting medical bills, or dealing with an insurer that questions the severity of your injuries, a free case review can clarify your options. Get matched with a Texas car accident attorney who handles cases on contingency—no upfront fees, no payment unless you win.

Navigating Texas Insurance Requirements and Claims

Minimum Coverage and What It Means for You

Texas Transportation Code § 601.072 sets the minimum auto liability limits at:

• $30,000 per person for bodily injury
• $60,000 per accident for bodily injury
• $25,000 per accident for property damage

This is woefully inadequate. Emergency medical treatment and hospitalization can be extremely expensive. If the at-fault driver carries only state minimums and you suffer serious injuries, you face a choice: sue an individual who likely cannot pay a large judgment, or look to your own insurance.

Uninsured/Underinsured Motorist Coverage

Texas Insurance Code § 1952.101 requires insurers to offer UM/UIM coverage in amounts equal to your liability limits. You can reject it, but only in writing. If you accepted UM/UIM, your own insurer compensates you when:

• The at-fault driver has no insurance
• The at-fault driver's policy limits are insufficient to cover your damages
• You're the victim of a hit-and-run

Filing a UM/UIM claim does not raise your premiums—you are making a claim under coverage you paid for, not reporting an at-fault accident.

Reporting the Crash to Your Insurer

Most Texas auto policies require "prompt" or "immediate" notice of any accident. What does that mean? Courts have found 30 days reasonable, but insurers push for 24–48 hours. Report the crash even if you believe you are not at fault. Provide:

• Date, time, and location
• Names and contact information for all parties
• A brief factual description ("I was stopped at a red light when the other vehicle struck my rear bumper")
• Police report number if available

Do not give a recorded statement without consulting an attorney first. Adjusters are trained to ask leading questions designed to elicit admissions of comparative fault.

Dealing with the Other Driver's Insurer

The at-fault party's insurance company will contact you quickly—often within hours. Their goal is a fast, cheap settlement before you understand the full extent of your injuries. Remember:

• You have no legal obligation to provide a recorded statement to the other driver's insurer
• You are not required to sign a medical authorization allowing them access to your entire health history
• Their first settlement offer will almost always lowball your actual damages

Texas operates under a modified comparative negligence system per CPRC § 33.001. If you are found more than 50% at fault, you recover nothing. If you're 50% or less at fault, your damages are reduced by your percentage of responsibility. Anything you say to the adverse insurer can be used to inflate your percentage of fault and reduce or eliminate your recovery.

Insurance company pressuring you for a recorded statement or quick settlement? Before you say yes, talk to an attorney in our network. Most offer free consultations and work on contingency—no fee unless they win your case. Protect your rights before you sign anything binding.

Understanding Your Legal Timeline and Rights

The Two-Year Statute of Limitations

Texas Civil Practice & Remedies Code § 16.003 imposes a two-year deadline to file a personal-injury lawsuit from the date of the accident. Miss this window, and the court will dismiss your case no matter how strong your evidence. The clock starts ticking the day of the collision.

There are narrow exceptions:

• If the injured party is a minor, the clock generally pauses until their 18th birthday
• If the at-fault party leaves Texas and remains out of state, the statute may toll during their absence

Do not rely on these exceptions without legal counsel. Courts strictly construe statutes of limitation, and waiting until the deadline approaches leaves no room for error if complications arise.

When to Consult an Attorney

Not every fender-bender requires a lawyer. If you walked away with no injuries, minimal vehicle damage, and the at-fault driver's insurer is responsive and fair, you may handle the property-damage claim yourself.

Consult an attorney immediately if:

• You or any passenger sustained injuries requiring more than basic first aid
• The other driver was uninsured or underinsured
• The other driver's insurer disputes liability
• You've received a settlement offer but are unsure if it's adequate
• The crash involved a commercial vehicle (different rules and additional defendants)
• The at-fault party was intoxicated (potential punitive damages under CPRC § 41.003)
• Your own insurer denies your UM/UIM claim

Most Texas injury attorneys work on contingency, meaning they collect a percentage of the settlement or verdict only if you recover. Initial consultations are typically free.

Building Your Case: What Evidence Matters

Litigation turns on documentation. Preserve:

• The crash report and any supplemental reports
• All photographs and videos from the scene
• Medical records, bills, and receipts (including mileage to appointments)
• Wage-loss documentation (pay stubs, employer letters)
• Repair estimates and invoices
• Correspondence with insurers
• A daily journal documenting pain levels, limitations, and how injuries affect your life

Texas courts allow recovery for both economic damages (medical bills, lost wages, property damage) and non-economic damages (pain, suffering, mental anguish, disfigurement). The journal helps quantify the intangible losses that juries may award.

Property Damage and Vehicle Repairs

Diminished Value Claims

Even after professional repair, a vehicle with an accident history sells for less. This loss in market value—called "diminished value"—is a recoverable damage in Texas. Insurers rarely volunteer to pay it.

To claim diminished value:

• Obtain a pre-accident valuation (using resources like Kelley Blue Book or NADA)
• Get a post-repair appraisal from a certified appraiser
• Submit the difference to the at-fault driver's insurer

Texas law does not allow you to claim diminished value against your own insurer under a collision policy, but you can recover it from the at-fault party or their carrier.

Total Loss: Understanding Actual Cash Value

Insurers declare a vehicle a total loss when repair costs exceed a certain percentage of the car's actual cash value (ACV)—usually 70–80% in Texas. ACV is not what you paid or what you owe on a loan; it's the fair market value immediately before the crash.

If your car is totaled:

• The insurer owes you the ACV minus your deductible (if claiming through your own collision coverage)
• You keep the title and the insurer takes possession of the wreck, or you retain the salvage and the insurer deducts salvage value from the payout
• If you owe more on your loan than the ACV, gap insurance (if you purchased it) covers the shortfall

Challenge a lowball total-loss offer by obtaining independent appraisals. Insurers sometimes undervalue vehicles, particularly if they rely on automated valuation tools that ignore regional market variations or recent upgrades.

Rental Reimbursement

You're entitled to a rental car while your vehicle is being repaired or until you receive the total-loss settlement—but only if you carry rental reimbursement coverage or you're claiming against the at-fault driver's property-damage liability. Daily limits and total days vary by policy. Insurers typically allow 3–5 days after a total-loss offer to find a replacement vehicle.

If the at-fault driver's insurer is slow-walking your claim, ask whether your own policy includes rental coverage. Using your own coverage gets you mobile faster, and your insurer can seek reimbursement from the at-fault party through subrogation.

Special Scenarios: Hit-and-Run, Uninsured Drivers, and Government Vehicles

Hit-and-Run Protocol

If you're hit by an unidentified driver:

• Call 911 immediately and report the hit-and-run
• Provide any details you recall: vehicle make, model, color, partial plate, direction of travel
• Check for witnesses and surveillance cameras at nearby businesses
• File a UM claim with your own insurer (hit-and-run qualifies under Texas uninsured-motorist coverage)

You'll need a police report to substantiate the UM claim. Without it, insurers often deny coverage, arguing you cannot prove another vehicle was involved.

Crashes Involving Government Vehicles

Suing a city, county, or state entity in Texas triggers the Texas Tort Claims Act (CPRC Chapter 101). Key differences:

• Notice requirements: Default deadline is six months under CPRC § 101.101, but many Texas cities impose far shorter windows in their charters. Houston and Dallas require 90 days; Austin requires 45 days. Check the specific city's charter deadline immediately—miss it and you lose the right to sue.
• Damage caps: CPRC § 101.023 caps recovery at $250,000 per person and $500,000 per occurrence for bodily injury claims against the state and municipalities. Counties and other local governmental units face lower caps: $100,000 per person and $300,000 per occurrence. Property damage is capped at $100,000 per occurrence.
• Immunity waivers: the government waives immunity only for injuries arising from use of a motor vehicle or condition of public property. Many negligence theories that work against private defendants fail against government entities.
• No punitive damages: CPRC § 101.024 bars punitive or exemplary damages against governmental units, even if the conduct was egregious.

Government-vehicle crashes require immediate legal consultation. The notice deadlines are unforgiving, and procedural missteps are fatal to your claim.

Dealing with Commercial Vehicles and Trucking Companies

Crashes involving 18-wheelers, delivery vans, or other commercial vehicles complicate the claims process. Potential defendants multiply:

• The driver
• The trucking company (vicarious liability under respondeat superior)
• The vehicle owner (if leased)
• The cargo loader (if improper loading contributed)
• Maintenance contractors (if mechanical failure caused the crash)

Federal Motor Carrier Safety Administration regulations impose duties that Texas law does not, creating additional avenues for proving negligence. Commercial policies often carry $1 million or more in coverage, but trucking companies and their insurers defend aggressively. These cases demand experienced legal representation from day one.

For detailed guidance on truck accident claims, see our guide on Texas truck accident laws and liability.

Common Mistakes That Destroy Claims

Posting on Social Media

Insurance defense attorneys scour Facebook, Instagram, TikTok, and Twitter for content that contradicts your injury claims. That beach vacation photo you posted three weeks after the crash—captioned "living my best life"—will appear blown up on a screen in the courtroom. Even privacy settings provide limited protection; courts routinely order plaintiffs to produce social media content in discovery.

Best practice: do not post anything about the accident, your injuries, your activities, or your emotional state until your case resolves.

Accepting the First Settlement Offer

Insurers make early offers hoping to close files before you understand the full extent of your injuries or consult an attorney. These initial settlements rarely account for:

• Future medical treatment
• Long-term complications
• Permanent impairment or disability
• Lost future earning capacity

Once you sign a release, you cannot reopen the claim—even if you develop complications or discover injuries the doctors initially missed. Texas law favors finality in settlements.

Exaggerating or Minimizing Injuries

Both extremes damage credibility. Claiming you cannot walk when surveillance video shows you jogging destroys your case. Conversely, telling the doctor "I feel fine" when you're in pain creates medical records the defense will use to argue your later complaints are fabricated.

Be honest, be specific, and be consistent across all medical providers, insurers, and legal proceedings.

Signing Blanket Medical Authorizations

Adverse insurers request authorization to access your complete medical history—often going back 10 or 20 years. They're hunting for pre-existing conditions to blame for your current symptoms. You have no obligation to provide these authorizations. If you do, limit them to records directly related to the body parts injured in this crash and a reasonable time window (e.g., three years prior to the accident).

When Injuries Turn Serious: Understanding Damage Caps and Your Rights

Texas law limits certain categories of damages in specific types of cases. Understanding these caps helps you set realistic expectations and evaluate settlement offers.

Medical Malpractice Non-Economic Caps

If your crash injuries are compounded by medical errors during treatment, you may have both a negligence claim against the at-fault driver and a medical malpractice claim against healthcare providers. Texas CPRC § 74.301 caps non-economic damages (pain, suffering, mental anguish) in med-mal cases at:

• $250,000 per claimant against each physician or single healthcare provider
• An additional $250,000 against each healthcare institution
• Aggregate cap of $500,000 when multiple institutions are involved

Economic damages (medical bills, lost wages) are not capped. These caps do not apply to your standard car-accident negligence claim—only to healthcare-liability claims.

Punitive Damages: When They Apply and How They're Capped

Punitive (exemplary) damages punish especially reckless conduct. Texas CPRC § 41.003 allows them in cases involving fraud, malice, or gross negligence. Common car-accident scenarios that may trigger punitive damages:

• DWI crashes (intoxication can constitute gross negligence)
• Extreme speeding or street racing
• Intentional conduct (road rage, assault with a vehicle)

CPRC § 41.008 caps punitive damages at the greater of:

• $200,000, or
• Two times economic damages plus non-economic damages up to $750,000

Some intentional felonies (murder, certain sexual assaults) are exempt from the cap. Punitive damages are never available against government entities under CPRC § 101.024.

Frequently Asked Questions

How soon should I contact a lawyer after my accident?

If you or anyone in your vehicle sustained injuries, contact an attorney within days—not weeks. Early involvement allows the attorney you're matched with to preserve evidence (such as surveillance video that may be erased after 30–90 days), interview witnesses while memories are fresh, and handle insurer communications before you make damaging statements. Most Texas injury attorneys offer free consultations, so there's no cost to get professional guidance early.

What if the insurance adjuster says I don't need a lawyer?

Of course they do—they work for the insurance company, not for you. Their job is to minimize what the insurer pays. Adjusters often tell unrepresented claimants that hiring a lawyer will only reduce their net recovery due to attorney fees. In reality, studies consistently show that represented claimants recover significantly more even after attorney fees than unrepresented claimants settle for on their own. You are under no obligation to take legal advice from the opposing party's representative.

Can I reopen my claim if my injuries get worse after I settle?

No. Settlement releases in Texas are final. Once you sign, you waive all claims related to the accident—past, present, and future. If you settle three weeks post-crash and later discover you need surgery, you cannot go back and demand more money. This is why experienced attorneys advise waiting until you reach maximum medical improvement (MMI)—the point where doctors believe your condition has stabilized—before settling. Rushing into settlement to pay immediate bills often costs you far more in the long run.

What if I can't afford medical treatment right now?

Many healthcare providers in Texas work on a "letter of protection" (LOP) basis for accident victims. Under an LOP arrangement, the provider agrees to delay billing until your case settles or resolves at trial, at which point they are paid from the settlement proceeds. Not all providers offer LOPs, but personal-injury attorneys maintain networks of doctors, physical therapists, and specialists who do. This ensures you get the treatment you need to document your injuries without upfront out-of-pocket costs.

How is my settlement amount calculated?

Settlements typically cover:

• Economic damages: past and future medical expenses, lost wages, loss of earning capacity, property damage, out-of-pocket costs
• Non-economic damages: pain and suffering, mental anguish, disfigurement, physical impairment, loss of enjoyment of life

Insurers often use multiplier formulas (medical bills times 1.5 to 5, depending on injury severity) as starting points, but every case is unique. Attorneys in our network evaluate factors like permanence of injury, impact on daily life, pre-existing conditions, and the strength of liability evidence to determine fair value.

Key Takeaways

• Stop and stay at the scene—leaving exposes you to criminal charges under Texas law, even in minor crashes
• Seek medical evaluation within 24–72 hours—delayed treatment hands insurers a ready-made argument that you weren't really hurt
• Document everything—photos, witness statements, medical records, and a daily symptom journal build the foundation of your claim
• Report the crash to your own insurer promptly—most policies require notice within days, not weeks
• Do not provide recorded statements or sign broad medical releases for the at-fault driver's insurer without legal counsel
• Understand the two-year statute of limitations under CPRC § 16.003—miss it and you lose your right to sue, period
• Check notice deadlines immediately for government-vehicle crashes—city charters often impose 30, 45, or 90-day windows
• Consult an attorney before accepting any settlement—early offers rarely reflect the full value of serious injury claims, and releases are final

Get Matched with a Texas Injury Attorney

Navigating insurance red tape, medical documentation, and legal deadlines while recovering from injuries is overwhelming. You shouldn't have to fight alone. TexasAccidentAid.com connects Texas accident victims with experienced local attorneys who handle cases on contingency—no upfront fees, no payment unless you win.

Whether you're in Houston dealing with a multi-car pileup on the 610 Loop, in San Antonio facing a dispute over fault, or anywhere in Texas struggling with an uninsured motorist claim, the right legal guidance transforms uncertainty into results. Complete a free case evaluation form and we'll match you with attorneys in your area for free consultations. You focus on healing; let a qualified Texas injury lawyer focus on holding the at-fault party accountable.

Related Guides

• Texas Car Accident Guide: Rights, Deadlines & Next Steps
• Understanding Texas Comparative Negligence: When You Share Fault
• Uninsured Motorist Claims in Texas: What You Need to Know