Protect Your Rights After A Texas Crash
Learn what to do after a car accident in Texas, including reporting requirements, medical steps and insurance claims. Talk to Law Offices of Mark D. VanCleave, PLLC.
What to Do After a Car Accident in Texas
If you are in a car accident in Texas, you must stop at the scene. Check to see if anyone is hurt. Call the police if the law requires it. Share your name, contact details, and insurance information with the other driver. You should also take notes and photos to record what happened.
What Should You Do Immediately After a Car Accident in Texas?
After a car accident in Texas, your first priority is safety. Your second priority is complying with state law. Texas Transportation Code Chapter 550 outlines the duties of drivers involved in collisions.
Stop and Stay at the Scene
Under Texas Transportation Code § 550.021 and § 550.022, drivers must stop immediately at the scene of an accident involving injury, death, or property damage. Leaving the scene can result in criminal penalties, including fines or jail time, depending on the severity of the crash.
Remain at the scene until you provide the required identifying information, assist injured individuals if necessary, and speak with responding officers. Failure to stop can result in hit-and-run charges.
Check for Injuries and Call 911
Check yourself and your passengers for injuries. If anyone is hurt, call 911 immediately.
Even if injuries seem minor, emergency medical personnel can assess the situation. Police presence also ensures an official accident report is created, which can be important for insurance and legal purposes.
If the accident blocks traffic and the vehicles can be safely moved, Texas law requires drivers to move them to a safe location when possible.
Always remember to get a personal injury attorney to help you and advise accordingly.
When Is a Police Report Required in Texas?
Texas law requires accidents to be reported to law enforcement if anyone is injured or killed, and property damage appears to exceed $1,000.
This report may be made to local police, the county sheriff’s office, or the Texas Highway Patrol. The responding officer will create a crash report (Form CR-3), which becomes part of the official record.
If law enforcement does not respond to the scene and reporting is required, you must notify authorities as soon as reasonably possible.
What Information Must Be Exchanged After a Texas Car Accident?
In Texas, drivers involved in a car accident are legally required to exchange identifying information at the scene of the crash. This obligation applies regardless of who appears to be at fault.
You must provide your full name and address, your vehicle registration number, the name of your insurance company, your insurance policy number, and your driver’s license information if it is requested.
Failing to share this information can lead to additional legal consequences and may complicate the claims process.
You should also get the same details from the other driver. You need the right information to file an insurance claim and protect yourself.
Stay calm and polite when you talk to the other driver. Do not talk about who caused the crash. Do not say sorry for the accident. Even small or kind words can later be used to blame you.
Only share and collect the needed information. This helps avoid problems with your claim later.
How to Document the Accident Scene
Documentation can significantly impact insurance claims and potential legal disputes.
Take Photographs
Use your phone to capture vehicle damage from multiple angles, license plates, and road conditions. You can also snap traffic signs and signals, weather conditions, skid marks, or debris. Photos preserve evidence that may change quickly.
Collect Witness Information
If anyone witnessed the accident, obtain the name, phone number, and address. Witness statements can help clarify how the accident occurred.
Write Down Details
Record the exact date and time, location, direction vehicles were traveling, and description of the events. Details fade quickly. Write them down while they are fresh.
Why Is Medical Care Important Even if You Feel Fine?
Some injuries do not show up right away. Problems like whiplash, concussions, or muscle injuries may start hours or even days later. That is why it is important to see a doctor as soon as possible. Getting medical care helps protect your health and creates a record that links your injury to the accident.
If you wait too long to get treatment, healing may take longer. Insurance companies may also question whether the accident really caused your injury.
Keep copies of all your medical records. This includes hospital papers, test results, doctor notes, physical therapy records, and receipts for medicine.
How Do Car Insurance Claims Work in Texas?
Texas operates under a fault-based insurance system. This means the driver who caused the accident is financially responsible for the damages.
Texas Minimum Insurance Requirements
Texas requires drivers to carry liability insurance of at least:
$30,000 per injured person
$60,000 per accident for bodily injury
$25,000 for property damage
This is often referred to as 30/60/25 coverage.
Reporting the Accident to Insurance
Most policies require prompt reporting, often within 24 to 48 hours.
When contacting your insurer, provide factual information and share the police report number. Include all photos and necessary documentation. Avoid speculating about fault. The insurer will assign an adjuster to investigate.
What Is Comparative Fault in Texas?
You may recover damages only if you are less than 51% responsible for the accident. However, your compensation is reduced by your percentage of fault.
For example, if you are 20% at fault, your recovery is reduced by 20%. If you are 51% or more at fault, you cannot recover damages. Accurate documentation helps protect against unfair fault allocation.
What Damages Can Be Recovered After a Texas Car Accident?
In Texas, accident victims may seek compensation for:
Economic Damages
Economic damages cover the financial losses caused by the accident. These are losses you can calculate with bills, receipts, and pay records.
They include medical expenses such as emergency care, hospital stays, surgery, doctor visits, physical therapy, and prescription medication.
If you need ongoing treatment, you may also recover the cost of future medical care. This can include rehabilitation, assistive devices, or long-term care.
You may also seek compensation for lost wages if your injuries kept you from working. If your injuries affect your ability to earn income in the future, you may recover damages for reduced earning capacity.
Property damage is also included. This covers the cost to repair or replace your vehicle and any other damaged property.
Non-Economic Damages
Non-economic damages, by contrast, compensate you for losses that do not come with a direct price tag. These include pain and suffering, emotional distress, and physical impairment that affect your daily life.
Texas generally does not cap non-economic damages in standard car accident cases, although certain limitations may apply in specific situations, such as cases involving government entities..
What Deadlines Apply to Texas Car Accident Claims?
Texas law imposes a statute of limitations.
Under Texas Civil Practice and Remedies Code § 16.003, most personal injury lawsuits must be filed within two years from the date of the accident. Missing this deadline can permanently bar recovery.
Insurance claims have shorter internal deadlines under policy terms. Review your policy carefully.
What Should You Avoid After a Car Accident?
The steps you take immediately after a car accident can significantly affect your ability to recover compensation. Certain actions, even if well-intentioned, may harm your claim. You should avoid leaving the scene prematurely, as this can create legal complications and raise questions about responsibility.
It is also important not to admit fault, even casually, because statements made in the moment may later be used against you.
Refrain from posting details about the accident on social media, as insurance companies often review online activity for inconsistencies. Accepting a quick settlement without carefully reviewing the documentation can result in compensation that does not fully cover your losses.
Likewise, giving recorded statements without understanding their implications may create discrepancies that insurers could use to dispute your claim. Insurance companies frequently rely on inconsistent statements to reduce or deny compensation.
What Happens if the Other Driver Is Uninsured?
In Texas, drivers are not automatically covered for uninsured motorists unless they purchase uninsured/underinsured motorist (UM/UIM) coverage. If you carry UM/UIM coverage, your own insurance company may compensate you when the at-fault driver lacks insurance, when the driver’s policy limits are insufficient to cover your damages, or when the driver flees the scene and cannot be identified.
These claims require prompt reporting. Delays can complicate the process or even jeopardize coverage. Reviewing your policy and understanding your benefits can help you determine what options are available.
What Happens if the Accident Involves a Commercial Vehicle?
Accidents involving delivery trucks, semi-trucks, company vehicles, or rideshare vehicles often involve more than just the individual driver. Employers, corporate entities, or commercial insurers may also be responsible. These cases can require a review of driver logs, an evaluation of employer liability, and a detailed analysis of commercial insurance policies.
Because multiple parties and higher insurance limits are often involved, thorough documentation becomes even more important. Preserving evidence early can be critical in establishing liability and protecting your claim.
How Long Does the Insurance Investigation Take?
Under the Texas Insurance Code, insurers generally must acknowledge receipt of a claim within 15 business days, request necessary documentation, and accept or deny the claim within a reasonable time. However, investigations may take longer if liability is disputed, injuries are ongoing, or multiple parties are involved.
Keeping copies of all correspondence, medical records, repair estimates, and claim documents can help you track the process and respond promptly to requests for additional information.
Why Proper Documentation Matters
Insurance claims are evidence-driven. Clear and organized documentation can clarify liability, support accurate damage calculations, and strengthen your position during negotiations. Medical records, photographs, repair estimates, witness statements, and communication logs all play a role in substantiating your losses.
Without sufficient documentation, disputes become more difficult to resolve, and insurers may challenge the extent or validity of your claim.
When Should You Consider Speaking With a Lawyer?
Not every accident requires legal representation, but legal guidance from firms such as the Law Offices of Mark D. VanCleave may be helpful in certain situations. You may want to consider speaking with a lawyer if there are significant injuries, if fault is disputed, if insurance denies coverage, if the settlement offer appears insufficient, or if long-term medical treatment is required.
Understanding your rights under Texas law can help you make informed decisions and protect your financial and legal interests throughout the claims process.