After a car accident in Texas, the four steps that protect both your health and your claim are to report the crash and stay at the scene, document the scene and exchange the information Texas law requires, get a medical evaluation, and notify your own insurance company while limiting what you say to the other driver’s insurer. These steps sound simple, but each one has a legal side that many people do not learn about until an adjuster uses a missed step against them.
This post walks through each step as a checklist, explains the Texas statute or practical reason behind it, and points you to our more detailed guides when you need them. If you were hurt, an experienced Texas car accident attorney can handle the evidence and insurance contact while you focus on recovering.
Step 1: Report the Crash and Stay at the Scene
Texas law requires drivers involved in a crash that injures or kills someone, or that damages a vehicle so it cannot be normally and safely driven, to notify law enforcement immediately by the quickest available means. Inside city limits that is usually the local police department; in unincorporated areas of Collin, Grayson, or Fannin County it is typically the sheriff’s office or the Department of Public Safety. In practice, calling 911 satisfies this duty and brings medical help at the same time.
Under Chapter 550 of the Texas Transportation Code, you also must stop and remain at the scene until you have exchanged information and given reasonable help to anyone who is injured. Leaving early can lead to criminal charges for failure to stop and render aid, which is the legal basis of a hit-and-run charge. If nobody is hurt and both vehicles can be driven, moving them out of the main travel lanes is generally the safer choice. Our post on why you should always call the police after a car accident explains why a report helps even after a minor collision, and if officers never arrive, our guide on what to do if police don’t show up covers the next steps.
Step 2: Document the Scene and Exchange Required Information
Texas law requires each driver in an injury crash, or a crash that damages an occupied or attended vehicle, to give their name and address, the vehicle’s registration number, and the name of their liability insurer, and to show a driver’s license if asked. Beyond those legal minimums, the evidence you collect in the first half hour is often the best evidence that will ever exist about how the crash happened. Photograph both vehicles from several angles with their positions visible, along with skid marks, debris, traffic signals, road conditions, and any visible injuries.
Ask anyone who saw the crash for their name and phone number before they leave, since independent accounts can matter a great deal when fault is disputed. Our post on whether you need a witness for a car accident case explains how witness statements are used. Write down the responding officer’s name and agency as well, because you will need them later to access your accident report.
Step 3: Get a Medical Evaluation Right Away
Seek medical attention the same day if you can, even if you feel only minor pain. Adrenaline can mask symptoms, and injuries such as concussions, whiplash, and internal bleeding do not always announce themselves at the scene. A doctor may identify and treat these conditions before they worsen, and your medical records become the main proof connecting your injuries to the crash.
Gaps in treatment are one of the first things insurers look for. An adjuster may argue that your injuries were minor or were caused by something other than the collision if days or weeks passed before you saw a doctor. Our post on reasons to seek medical attention as soon as possible goes deeper on why timing matters, and following your provider’s treatment plan afterward matters just as much as the first visit.
Step 4: Notify Your Insurer and Be Careful With the Other Driver’s
Most auto policies require prompt notice of a crash, so contact your own insurance company soon and answer its questions honestly. Your own policy may provide benefits that apply no matter who caused the wreck. Texas insurers must offer personal injury protection (PIP) coverage, which can pay medical bills and lost income, unless you rejected it in writing, and uninsured or underinsured motorist coverage may apply if the at-fault driver has no insurance or too little.
The other driver’s insurer is a different matter. Its adjuster works for the person who hit you, and a recorded statement given before you understand your injuries can be used to minimize your claim. You are generally not required to give that insurer a recorded statement, and it is reasonable to decline until you have spoken with an attorney. Our guide on what not to say to an insurance adjuster covers the most common traps.
What to Do in the Weeks After the Crash
The four steps above cover the first day or two, but a Texas injury claim continues to take shape for months. A few habits in the following weeks can protect the value of your claim and keep important deadlines from slipping past:
- Keep a claim folder. Save medical bills, receipts, repair estimates, rental car costs, and notes on missed work in one place.
- Track your recovery. A short daily journal of pain levels, limitations, and missed activities can support a claim for pain and suffering later.
- Stay off social media about the crash. Posts, photos, and check-ins can be taken out of context by an insurer.
- Watch the deadline. Most Texas personal injury lawsuits must be filed within two years of the crash under Section 16.003 of the Civil Practice and Remedies Code.
Fault also affects how much you can recover. Under Texas’s proportionate responsibility rules, your compensation is reduced by your percentage of fault, and you cannot recover if you are found more than 50 percent responsible, so the evidence gathered in Steps 1 and 2 often matters well beyond the first week.
Talk With a Texas Car Accident Attorney About Your Next Steps
If you were in a car accident in Texas, contact Attorney Dale R. Rose. Dale has been licensed for more than three decades and has tried more than 165 first-chair jury trials in 54 Texas counties. Having represented accident victims, small businesses, large corporations, and criminal defendants, he brings a broad perspective to how insurers and defense lawyers evaluate a claim.
We can help gather the crash report, medical records, and witness information, deal with the insurance companies on your behalf, and explain your options before any deadline passes. To schedule a free consultation, complete our contact form today.
Frequently Asked Questions About What to Do After a Car Accident in Texas
Do I have to call the police after a minor car accident in Texas?
Texas law requires immediate notice to law enforcement when a crash injures or kills someone or leaves a vehicle unable to be normally and safely driven. For a true fender bender with no injuries, a call is not always legally required, but a police report can still be valuable evidence if the other driver later disputes fault or an injury appears.
What information do I have to exchange after a crash in Texas?
Texas law requires drivers to give their name and address, the registration number of the vehicle they were driving, and the name of their liability insurance company, and to show a driver’s license if asked. Taking a photo of the other driver’s insurance card and license plate is a simple way to make sure the details are accurate.
How long do I have to file a car accident claim in Texas?
Most personal injury lawsuits arising from a Texas car accident must be filed within two years of the crash under Section 16.003 of the Texas Civil Practice and Remedies Code. Some situations, such as claims involving government vehicles, can require written notice much sooner, so it is wise to speak with an attorney early.
Should I give a recorded statement to the other driver’s insurance company?
You are generally not required to give a recorded statement to the other driver’s insurer, and it is reasonable to decline until you have talked with an attorney. Statements given early, before you know the full extent of your injuries, are sometimes used to argue that you were not seriously hurt or that you were partly at fault.
What if I feel fine right after the accident?
Many crash injuries, including concussions and soft tissue injuries, can take hours or days to cause noticeable symptoms. Getting checked by a doctor promptly protects your health and creates a medical record that connects any injury to the crash, which can make a later claim much easier to support.