A car accident leaves you with many questions.
What do you need to do after it happens? Do you have to report the accident to the authorities? How long do you have to file a claim in Texas? How do you handle an accident with an uninsured driver?
If you are involved in a car accident in Texas, you can be left wondering what to do. Your choices can impact your health and even your legal options after a collision.
Below are some answers to commonly asked questions regarding Texas car accidents.
What Should I Do Immediately After a Car Accident in Texas?
Your first priority should be safety.
If you are able to do so safely:
- Move to a safe place if the cars are creating a hazard in traffic.
- Call 911 if there may be any injury or need for emergency assistance.
- Exchange contact and insurance information with the other driver.
- Take photographs or videos of the cars, roadway, traffic signs, and any visible injuries.
- Document contact information of any witnesses.
- Get medical treatment if you are injured or begin to experience symptoms following the accident.
- Keep copies of accident reports, medical records, bills, insurance correspondence, and other information concerning the accident.
You do not need to determine who was legally responsible at the scene. Your focus should be on safety, documentation, and getting appropriate medical care.
Do I Have to Call the Police After a Car Accident in Texas?
There is no need for all crashes to be reported the same way, but Texas requires a driver in some accidents to stop, provide identification information, and render reasonable assistance where required.
There are also accident reporting requirements for some collisions under Texas law.
However, in most cases, if there is any concern about injury, property damage, or a safety hazard, it would be a good idea to call 911.
What Information Should I Exchange With the Other Driver?
When it is safe to do so, obtain the other driver’s:
- Full name
- Phone number
- Information from the driver’s license
- Insurance information
- Make, model, and license plate number of the vehicle driven
Also, document the location of the accident and the approximate time it occurred.
Don’t forget to ask the witnesses for their contact information as well.
Should I Take Pictures After a Texas Car Accident?
Yes, if you can do so safely.
Photos can help document the condition of the vehicles and the accident scene. Consider photographing:
- Condition of the vehicles involved
- Location of the vehicles if they were not moved yet
- Skid marks or other debris
- Traffic signals and signs
- Road conditions
- Visible injuries
- Property damage near the accident scene
- Weather or visibility conditions that could be relevant to your accident
Do not put yourself at risk trying to take photos. Leave the area if it is dangerous for you and obey instructions of any emergency personnel present at the scene.
What If I Feel Fine Immediately After the Accident?
You may be fine immediately after the accident and begin feeling ill days later.
It is possible that the stress or adrenaline caused by the accident prevented you from realizing an injury you suffered right away. Even if you feel fine, if you start experiencing pain, dizziness, headaches, numbness, weakness, or any other symptoms, consider visiting a doctor.
Medical documentation is necessary both to help you with your recovery and to document your injuries and the treatment you received.
Should I See a Doctor After a Car Accident?
If you are injured or begin experiencing any symptoms after a car accident, you should see a doctor.
There may be some injuries you will not realize right away, and following the recommendations of your medical professional and going to any follow-up appointments can be essential for your health and for documentation of your condition.
Also, you should inform your medical professional that you have an injury or symptom caused by the accident.
Do I Have to Give the Other Driver's Insurance Company a Statement?
You might receive a call from an insurance adjuster shortly after the accident.
Be careful about making any statements or recording a statement about the accident, its circumstances, your fault, your injuries, and any other information you are asked to provide until you understand your rights.
What If the Other Driver Says the Accident Was My Fault?
A driver’s statement at the scene does not necessarily determine legal responsibility.
Texas uses comparative responsibility rules in many personal injury cases. Depending on the facts, responsibility may be disputed among the people involved.
Evidence that may become important includes:
- Police reports
- Photographs or videos
- Witness statements
- Vehicle damage
- Reconstruction evidence
- Traffic camera or surveillance footage
- Medical records
- Phone or other electronically stored information, when legally obtained
- Statements of the drivers and witnesses
Determining responsibility is a fact-specific process.
What If I Was Partially at Fault for the Accident?
Partial responsibility for an accident does not always prevent a recovery.
Texas follows a modified comparative responsibility rule. The degree of the responsibility can influence how much damages you can recover.
The specific facts matter, including what each driver did, what evidence exists, and how responsibility is ultimately determined.
What If the Other Driver Does Not Have Insurance?
In some cases, when you have been in a collision with an uninsured driver, there might be ways to seek recovery depending on your circumstances and your insurance coverage.
One of such ways might be to consider uninsured/underinsured motorist coverage.
Insurance policies are complex, and the recovery depends on their language and the facts of your case.
What If the Other Driver Leaves the Scene?
Leaving the scene of a crash can create additional legal issues.
If you are involved in a hit-and-run:
- Contact law enforcement.
- If necessary, get medical treatment.
- Write down all details you remember about the car and the driver.
- Take photographs of the scene as long as it is safe for you.
- Locate any witnesses.
- Collect any video evidence of the accident scene.
- Notify your insurance company.
Even if you do not know who the other driver was, documentation can still be important.
Can I Still Recover Compensation If I Was Not Wearing a Seat Belt?
Seat-belt issues may become relevant in an injury case, but whether it will affect your claim and how much will depend on your particular case and Texas law.
You should not assume that you cannot make a claim just because you were not wearing a seat belt. At the same time, you should not assume that it will not affect your case in any way.
What Damages Can I Seek After a Texas Car Accident?
Depending on the circumstances, an injured person may have a claim for different types of damages.
Potential categories can include:
- Medical expenses
- Future medical expenses
- Loss of income
- Diminished earning capacity
- Pain and suffering
- Impairment of physical condition
- Scarring or disfigurement
- Emotional or mental distress
- Other damages permitted by Texas law
Not all claims include all of those categories of damages. The type of damages available depends on the specifics of your case.
How Long Do I Have to File a Car Accident Lawsuit in Texas?
Texas allows you to file a personal injury lawsuit in most cases within two years from the date of the accident.
Texas Civil Practice and Remedies Code § 16.003(a) states that a person must file a personal injury action not later than two years after the cause of action accrued.
This means that you should not wait until the last day of two years from the date of the accident.
There are various exceptions to this general rule and different deadlines depending on the involved parties and circumstances of your case.
If you have been seriously injured, it is important to identify the deadlines as early as possible.
What If the Insurance Company Offers Me a Settlement?
An insurance company may offer a settlement before you know the full extent of your injuries or future expenses.
Before accepting a settlement, consider whether you understand:
- The extent of your injuries
- Your current medical expenses
- Future treatment
- Lost income
- All financial losses
- What rights you give up by signing a release
Once you accept the settlement, you will be unable to pursue additional compensation for your claim.
If you have received a settlement offer, it may be helpful for you to understand its terms and consequences.
Do I Need a Lawyer After a Car Accident in Texas?
Not every car accident requires an attorney.
A minor accident with no injuries and straightforward insurance coverage may be handled directly between the people involved and their insurance companies.
Legal guidance may become more important when an accident involves:
- Serious or permanent injuries
- High medical expenses
- Disputes over responsibility
- Several vehicles
- An uninsured or underinsured driver
- A commercial vehicle
- A fatality
- Disputes over insurance claim
- High potential loss of income
- A settlement offer that does not take your losses into consideration
A consultation can help you understand the legal issues involved and what options may be available.
How Much Does a Texas Car Accident Lawyer Cost?
Some personal injury attorneys represent clients under a contingent-fee arrangement. Under this type of agreement, the attorney’s fee is generally based on a percentage of a recovery rather than an hourly rate.
The exact terms vary by law firm and case.
Before hiring an attorney, ask:
- What percentage fee is the lawyer’s?
- Is the percentage changed if the case goes to litigation or trial?
- Which case expenses are deducted from the recovery?
- Who will pay for the case expenses if there is no recovery?
- Are there any other expenses you should be aware of before signing the agreement?
Read the written fee agreement carefully before signing it.
If a lawyer advertises willingness to provide legal services on a contingent-fee basis, then according to Texas advertising rules, he or she should disclose that the client may incur other expenses, such as litigation costs.
What Should I Bring to a Car Accident Lawyer Consultation?
The more organized your information is, the easier it may be to explain what happened.
Consider bringing:
- Police reports or crash reports
- Photographs or videos
- Insurance information
- Medical records and bills
- Information about your medical providers
- Employer information regarding missing work
- Payroll records of the income you lost
- Letters from the insurance companies
- Any settlement offers
- Information about the witnesses
- Notes about the accident
You do not need to have everything organized perfectly before speaking with an attorney. Bring what you have.
What Should I Avoid Doing After a Car Accident?
After a serious accident, be cautious about:
- Discussing your accident on social media
- Guessing about fault
- Exaggerating or downplaying your symptoms
- Signing documents you do not understand
- Accepting a settlement before you understand the terms of it
- Deleting photographs, texts, or any other evidence
- Discussing the details of your case with people who do not need the information
Most importantly, do not ignore your health. Follow appropriate medical advice and keep records of your treatment.
How Does a Texas Car Accident Claim Work?
Every case is different, but a typical injury claim may involve several stages.
1. Investigating the Accident
The evidence is analyzed to figure out what happened and who is responsible for it.
2. Documenting the Injuries
The information about injuries, including medical records and bills, can be used to prove the nature and the severity of your injuries.
3. Evaluating the Claim
Depending on the facts and the evidence, the potential damages and the insurance coverage are evaluated.
4. Communicating With the Insurance Company
The negotiations with the insurance companies might be part of your claim.
5. Resolving the Claim or Filing a Lawsuit
Depending on the circumstances of your case, your claim can be settled through negotiations or litigated.
What If My Car Accident Happened in Fort Worth or the Dallas-Fort Worth Area?
Texas car accident law applies everywhere in the state, but the factual circumstances of the accident can be different depending on its location.
Cain Firm website lists car accidents as a practice area of their personal injury practice and has offices in Fort Worth and Granbury, with the office in Dallas available upon appointment.
If you are dealing with a serious injury after a Texas car accident, organizing your information and knowing your legal options early can help you make the right decisions.
Frequently Asked Questions About Texas Car Accidents
How long after a car accident can I file a claim in Texas?
The deadline depends on the type of claim and the circumstances of the accident. Generally, in many personal injury claims, Texas provides a two-year limitations period, but there are exceptions.
Should I talk to the other driver's insurance company?
You should provide truthful information, but you should be careful when making a recorded statement or concluding about fault or the extent of your injuries until you understand your rights.
What if I was partly responsible for the accident?
Partially responsible does not necessarily prevent you from recovering compensation. Texas comparative responsibility rules can affect recovery.
Can I file a claim if the other driver has no insurance?
Potentially. In some cases, your uninsured/underinsured motorist coverage may be relevant depending on your policy and circumstances.
Do I need a lawyer for a minor car accident?
No, not necessarily. Minor accidents without injuries or disputes can be resolved without a lawyer. Some serious or disputed cases can benefit from the legal counsel.
What if my injuries appeared days after the accident?
Delayed symptoms can be possible after a collision. If you have started developing symptoms, consider seeking medical treatment and explaining when you developed them and that they occurred after the accident.
Can I still pursue a claim if the other driver says the accident was my fault?
Potentially. The statement of the driver is not sufficient to determine legal responsibility. Evidence of the accident and the circumstances may be relevant.
What Should I Do Next After a Texas Car Accident?
If you have been in an accident, start with the basics: get to a safe place, obtain medical treatment if it is necessary, document what happened, collect your information, and avoid any assumptions about fault or the value of your claim.
If your accident resulted in serious injuries, substantial losses, or an insurance dispute, you may want to consult a Texas personal injury attorney regarding your situation.
The Cain Firm can represent clients in personal injury matters, including car accident claims. You can find information about their practice and contacts at their website.
Legal Disclaimer: This article is intended for general informational and educational purposes only and not for the purpose of providing legal advice. Laws in Texas can differ from case to case, and the result of your lawsuit is not assured. For legal counsel about any accident or injury, contact an attorney licensed to practice in Texas.
Attorney Advertising: The information on this site, and all of the other content on this site, could possibly be considered attorney advertising in accordance with certain state laws. Prior success is mentioned only to provide examples and does not predict future results.
Attorney responsible for this content: Brett Cain
Primary practice location: Fort Worth, Texas
