A Texas car accident is a legal event as much as a medical one. What you do in the first minutes, first hours, and first days after a crash has a direct and measurable impact on what your case is worth — and whether you will recover anything at all.
This guide walks through the exact steps Texas crash victims should take, in order, from the moment of impact through the first weeks of claim preparation. It is written from the perspective of a Texas personal injury firm that has recovered more than $100 million for injured clients — not a driver’s safety course. Every step here is tied to a specific way it affects your legal claim.
Step 1: At the Scene — Preserve Safety, Then Preserve Evidence
Your first priority is safety. If you can safely move vehicles out of the flow of traffic, do so; if not, turn on hazards and stay clear of the roadway. Once everyone is safe, evidence preservation becomes the most important thing you can do. Every Texas crash case is built or lost on the record of what happened — and most of the usable evidence comes from the scene itself.
Call 911 and Request a Police Report
Texas law (Transportation Code §550.062) requires a written crash report for any collision involving injury, death, or property damage of $1,000 or more. Insurance adjusters and defense lawyers will build their case around this report. Always ask for one, even on seemingly minor crashes, and get the responding officer’s name and badge number.
Take Photos and Video — More Than You Think You Need
Photograph all vehicles from multiple angles, including license plates, damage close-ups, the position of vehicles in relation to lane markings, skid marks, debris fields, and traffic signals or signs. Video any fluid leaks, airbag deployments, or visible injuries. These images become the foundation of accident reconstruction months later when physical evidence is long gone.
Exchange Information and Identify Witnesses
Get the other driver’s full name, address, phone, driver’s license number, license plate, insurance company, and policy number. Then do the harder thing that most people skip: ask witnesses for their names and phone numbers. Witness testimony often decides fault questions — and witnesses who weren’t identified at the scene are usually lost forever.
Step 2: Seek Medical Care Promptly — Even If You “Feel Fine”
The single most common mistake Texas crash victims make is declining medical evaluation at the scene because they “feel fine.” Adrenaline masks injuries for hours. Soft-tissue injuries, concussions, and internal injuries often do not produce symptoms for 24–72 hours. From a legal perspective, every day you delay care gives the insurance adjuster an argument that your injuries weren’t caused by the crash — or weren’t serious.
Go to the ER or an Urgent Care the Same Day
Even if you are cleared at the scene by EMS, go to an emergency room or urgent care the same day for a full evaluation. Document everything — symptoms, pain levels, range of motion limitations. The medical record created within 24 hours of a crash is one of the strongest pieces of evidence in your case.
Follow Through on Every Referral and Appointment
When the ER refers you to an orthopedist, neurologist, or physical therapist, attend every appointment. Gaps in treatment are weaponized by defense lawyers: “If you were really hurt, you wouldn’t have waited three weeks to see the specialist.” Consistent documented care tells the story of a real injury with real consequences.
Step 3: Do Not Give Recorded Statements to the Other Driver’s Insurance
Within 24–48 hours of your crash, you will likely receive a call from the at-fault driver’s insurance company asking for a “recorded statement.” This is not a routine administrative step. It is a strategic effort to get you saying things on tape that can be used to reduce or deny your claim. You are under no legal obligation to provide one. The safest answer is: “I’m not giving a recorded statement at this time. Please direct further communications to my attorney when I retain one.” Your own insurance company is different — your policy generally requires your cooperation with your own carrier, but the other side’s carrier has no such right.
Step 4: Document Everything in the First 30 Days
Start a journal the day of the crash. Record your symptoms, pain levels (on a 1–10 scale), sleep quality, missed work, activities you can no longer do, and how the injury is affecting your family. Save every medical bill, prescription receipt, and correspondence from insurance companies. Photograph your injuries as they heal — bruising, swelling, scarring. This documentation becomes the backbone of your non-economic damages (pain, mental anguish, impairment) later, and it is enormously more credible than reconstructed memories six months later.
Step 5: Hire a Texas Car Accident Lawyer Before You Negotiate
The at-fault party’s insurance company has hundreds of adjusters, a claims system built around minimizing payouts, and lawyers on retainer. You have your phone. That imbalance is one of the biggest reasons unrepresented crash victims often accept offers that do not fully reflect the damages they have actually suffered. A Texas personal injury lawyer levels the playing field. McFarlane Law represents clients across the state — in Austin, Odessa, Houston, Dallas, Midland, and every metro in between — and we offer free case evaluations with no fee unless we recover for you. The decision to hire counsel should happen in the first two weeks, not months later, because every day without counsel is a day the other side is building their file against you.
Texas-Specific Deadlines and Rules You Need to Know
Texas has specific legal rules that affect every car accident case. The statute of limitations is generally two years from the date of the crash — miss this deadline and your case is permanently dismissed. Texas applies modified comparative fault with a 51% bar: if a jury finds you more than half at fault, you recover nothing. Texas minimum liability insurance is just $30,000/$60,000/$25,000, which rarely covers serious injury cases — making your own UM/UIM coverage critical. And Texas has strong first-party insurance bad-faith laws with 18% interest penalties and attorney fees available against carriers that delay or lowball without reasonable basis.
Frequently Asked Questions
Do I have to report a Texas car accident to police?
Yes, Texas Transportation Code §550.062 requires a written report on any crash involving injury, death, or property damage of $1,000 or more. Even below that threshold, a police report is strong evidence you’ll want later.
Should I talk to the other driver’s insurance company?
No — at least not before talking to a lawyer. You have no obligation to give the at-fault party’s insurance company a recorded statement, and doing so almost always hurts your case.
How long do I have to file a car accident lawsuit in Texas?
Generally two years from the date of the crash under Texas Civil Practice & Remedies Code §16.003. A handful of exceptions apply (minors, legal incapacity, fraudulent concealment), but waiting to file is rarely strategic.
What if the other driver doesn’t have insurance?
Your own uninsured motorist (UM) coverage becomes the primary source of recovery. Texas requires carriers to offer UM coverage and most drivers have it. Texas’s Brainard v. Trinity case creates a procedural trap for UM claims — hire a lawyer to handle the filing correctly.
How much is my Texas car accident case worth?
Case value depends on injury severity, medical costs (past and future), lost wages and earning capacity, pain and mental anguish, physical impairment, and the insurance coverage available. See our Texas personal injury case value guide for the full framework.
Talk to a McFarlane Law Attorney
If you were hurt in a Texas car accident, the right attorney can mean the difference between a lowball insurance offer and a recovery that actually reflects your losses. McFarlane Law represents injured Texans across the state and offers free case evaluations. Call Austin (512) 222-4900 or Odessa (432) 803-5000, or submit the contact form anywhere on this site. We charge nothing unless we recover for you.
Related Resources
Texas personal injury lawyer · Texas statute of limitations · comparative fault in Texas · dealing with insurance companies · who pays medical bills · what is my case worth · Austin car accident lawyer · Odessa car accident lawyer · Houston car accident lawyer · Dallas car accident lawyer.
Zach McFarlane
Zach McFarlane is a Texas trial attorney and the founder of McFarlane Law. He represents injured workers, families, and accident victims across Texas — from Austin and Houston to the Permian Basin — in catastrophic personal injury, oilfield, maritime, trucking, and wrongful death cases. The firm has helped clients recover more than $100 million in verdicts and settlements.
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