What To Do After a Car Accident in Texas: 9 Steps to Protect Your Health and Your Claim

Stay at the Scene and Call 911

Never leave the scene of an accident before police arrive. Under Texas Transportation Code §550.021, leaving the scene of an accident involving injury or death is a felony offense in Texas.

Call 911 immediately, even if injuries appear minor. A police report is one of the most important documents in a personal injury claim. It establishes:

• The date, time, and location of the accident
• The identity of all drivers and vehicles involved
• Initial observations about fault and contributing factors
• Whether any citations were issued

Request a copy of the crash report from the responding officer or obtain it later through the Texas Department of Transportation CR-3 Crash Report system. You can access Texas crash reports online through TxDOT's crash report portal.

Check for Injuries and Do Not Move Anyone

Check yourself and all passengers for injuries before anything else. Do not move anyone who may have a neck or spinal injury unless there is an immediate danger such as fire.

Call 911 if you haven't already and request an ambulance if anyone is injured. Even if injuries seem minor, do not refuse medical attention at the scene. Adrenaline masks pain — injuries that feel minor immediately after a crash often prove serious within 24 to 72 hours.

Common delayed-onset injuries include:

• Whiplash and soft tissue damage
• Concussion and traumatic brain injury
• Internal bleeding
• Herniated discs
• Psychological trauma and PTSD

Document Everything at the Scene

Your phone is your most powerful tool in the minutes after an accident. Before vehicles are moved, document:

Photographs

• All vehicles involved — every angle, every panel
• Damage close-ups
• License plates of all vehicles
• The accident scene — road conditions, traffic signs, skid marks, debris
• Your visible injuries
• Weather and lighting conditions

Information to Collect

• Full name, address, phone number of all drivers
• Driver's license numbers
• Insurance company and policy numbers
• Vehicle make, model, year, and VIN
• Names and contact information of all witnesses

Write down your own account of exactly what happened while it is fresh. Memory degrades quickly after traumatic events. The Texas Department of Insurance recommends documenting as much information as possible at the scene for any future insurance claim.

Seek Medical Attention Within 24 Hours

Even if you feel relatively okay after leaving the accident scene, see a doctor within 24 hours. This is one of the most important steps you can take to protect your health and your legal claim.

Here is why timing matters so much:

Your Health

Some of the most serious accident injuries — traumatic brain injuries, internal bleeding, spinal damage — present few or no immediate symptoms. Early diagnosis leads to better outcomes.

Your Claim

Insurance adjusters are trained to look for gaps in medical treatment. If you waited five days to see a doctor, they will argue your injuries were not caused by the accident or were not serious enough to warrant prompt care. Both arguments reduce your settlement value.

Keep every medical record, bill, prescription, and receipt related to your treatment. According to the American Medical Association, thorough medical documentation is essential for accurately valuing injury claims and establishing causation.

Report the Accident to Your Insurance Company

You are required to report the accident to your own insurance company promptly — most policies require notification within a reasonable time, and some specify 24 to 72 hours.

However, there is an important distinction:

Recorded statements are used to find inconsistencies in your account that can be used to reduce your claim. Politely decline and tell them you will be in touch after consulting with an attorney.

Understand Texas Fault Rules Before You Talk to Anyone

Texas is an at-fault state, meaning the driver who caused the accident is responsible for damages. Under Texas Civil Practice & Remedies Code §33.001, Texas uses modified comparative negligence with a 51% bar rule.

What this means for you:

• If you are 50% or less at fault, you can still recover damages — but your recovery is reduced by your percentage of fault
• If you are found 51% or more at fault, you recover nothing

Preserve Evidence

Evidence disappears faster than most people realize. Take these steps immediately:

Surveillance Footage

Identify any businesses, traffic cameras, or residential security cameras near the accident scene. Surveillance footage is typically overwritten within 30 to 90 days. Your attorney can send preservation letters to compel businesses to retain footage.

Vehicle Damage

Do not repair your vehicle until it has been inspected and photographed by your attorney or an independent adjuster. Repaired vehicles eliminate evidence of the severity of the impact.

Keep a Pain Journal

Starting the day after the accident, keep a daily journal documenting your pain levels, limitations, sleep disruption, emotional state, and how your injuries are affecting your daily life. This documentation supports your pain and suffering claim.

Save All Receipts

Medical bills, pharmacy receipts, transportation to appointments, medical equipment, home modification costs — every dollar you spend as a result of the accident is potentially recoverable.

Know Your Texas Deadlines

Under Texas Civil Practice & Remedies Code §16.003, the Texas statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit. Missing this deadline permanently bars your claim regardless of how strong your case is.

However, shorter deadlines apply in some situations:

• Claims against government entities require a formal notice within 6 months under the Texas Tort Claims Act §101.101
• Insurance policies may have their own internal reporting deadlines
• Certain evidence must be preserved before it is lost or destroyed

Acting quickly protects both your health and your legal rights.

Contact a Texas Personal Injury Attorney

Most Texas personal injury attorneys offer free consultations and work on a contingency fee basis — meaning you pay nothing unless they recover compensation for you. The typical contingency fee is 33% of the settlement.

Research consistently shows that represented claimants recover significantly more than those who handle claims alone. A study by Martindale-Nolo found that injury victims with attorneys received an average of $77,600 compared to $17,600 for unrepresented claimants — more than four times higher, even after attorney fees.

An attorney will:

• Investigate the accident and preserve evidence
• Handle all communications with insurance companies
• Calculate the full value of your claim including future damages you might not think to include
• Negotiate for a fair settlement
• File suit if the insurer refuses to settle fairly

What NOT To Do After a Texas Car Accident

Avoid these common mistakes that can reduce or eliminate your claim:

• Don't leave the scene before police arrive
• Don't admit fault or apologize
• Don't give a recorded statement to the other driver's insurance company
• Don't accept the first settlement offer without consulting an attorney
• Don't post about the accident or your injuries on social media
• Don't delay medical treatment
• Don't sign any releases or documents from an insurer without attorney review
• Don't repair your vehicle before it is documented

How Much Is Your Texas Car Accident Case Worth?

Every accident is different. The value of your claim depends on your medical bills, lost income, injury severity, fault percentage, and available insurance coverage. See our breakdown of the average Texas car accident settlement by injury type for detailed benchmarks.

Our free Texas Injury Calculator uses the same formula Texas attorneys and insurance companies apply — including the 51% comparative fault rule — to give you an instant estimate based on your actual numbers. No sign-up required.