⚡ Quick Answer
After a car accident in Texas, you should: call 911, seek immediate medical attention, document the scene, exchange insurance information, and report the accident to your insurer.
Texas is an at-fault state, meaning the driver who caused the accident is responsible for damages. You have 2 years from the accident date to file a personal injury or property damage claim under the Texas Civil Practice and Remedies Code § 16.003.
What Happens After a Car Accident in Texas?
A car crash in Texas can happen in seconds — but the decisions you make in the minutes and days that follow can shape the outcome of your recovery and any potential legal claim for years. Whether you're on a busy Houston freeway, a Dallas intersection, or a rural road in the Hill Country, knowing exactly what to do after a car accident in Texas is essential.
Texas sees hundreds of thousands of crashes every year. According to the Texas Department of Transportation (TxDOT), there is a crash somewhere in Texas every 57 seconds on average. The consequences range from minor fender benders to life-altering injuries — and in either case, a misstep right after the accident can cost you.
This guide walks you through everything you need to know: what to do at the scene, your legal rights, key Texas car accident laws, settlement expectations, and the most costly mistakes accident victims make. If you've been in a car accident in Texas, read this before you do anything else.
Step-by-Step: What to Do After a Car Accident in Texas
Follow these steps in order. Each one protects your safety, your legal rights, and your ability to recover maximum compensation.
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Call 911 Immediately
Texas law (Transportation Code § 550.026) requires you to report any accident resulting in injury, death, or property damage exceeding $1,000. Call 911 even if the accident seems minor. A police report creates an official record that becomes critical when filing an insurance claim or lawsuit.
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Move to Safety If Possible
If the vehicles are drivable and it's safe to do so, move them out of active traffic. Turn on your hazard lights. If you cannot move the vehicle, stay buckled until help arrives. Secondary crashes on Texas highways are a leading cause of additional injuries.
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Seek Medical Attention Right Away
Even if you feel fine, get evaluated at an emergency room or urgent care. Many serious injuries — like traumatic brain injuries, internal bleeding, or whiplash — are not immediately apparent. Delaying medical care also gives insurance companies ammunition to argue your injuries aren't accident-related.
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Document the Scene Thoroughly
Use your phone to photograph and video the vehicle damage, road conditions, skid marks, traffic signals, weather, and any visible injuries. These images can be invaluable evidence in a Texas car accident claim and can prove liability before evidence disappears.
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Exchange Information With All Parties
Collect: full name, driver's license number, license plate, insurance company name and policy number, vehicle make/model, and contact information. Do this for every driver involved, not just the one you believe is at fault.
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Gather Witness Information
If anyone witnessed the accident, politely ask for their name and phone number. Witness statements can corroborate your account of the crash and prove pivotal if the other driver disputes fault.
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Notify Your Insurance Company
Report the accident to your insurance provider promptly. Be factual and brief — do not speculate about fault or minimize your injuries. Texas follows at-fault insurance rules, meaning the at-fault driver's liability coverage should pay for your damages.
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Consult a Texas Car Accident Lawyer
Before accepting any settlement offer or giving a recorded statement to the other driver's insurance company, speak with a qualified legal professional. Most Texas car accident lawyers offer free consultations and work on a contingency fee basis — meaning you pay nothing unless they win.
Key Takeaways — At the Scene
- Call 911 even for minor accidents in Texas
- Document everything with photos and video
- Never admit fault at the scene, even if you think you caused it
- Get checked by a medical professional within 24–72 hours
- Get the official police report number before leaving
Key Texas Car Accident Laws You Need to Know
Texas has specific laws that govern how car accident claims are handled. Understanding these rules is the difference between recovering full compensation and walking away with nothing.
At-Fault Insurance System
Texas is a fault-based (tort) state. Unlike no-fault states, the driver who caused the accident — and their insurance company — is legally responsible for paying damages. This means you can file a claim with the at-fault driver's insurer, your own insurer (under collision coverage), or file a personal injury lawsuit directly against the at-fault driver.
Modified Comparative Fault Rule (51% Bar)
Under Texas Civil Practice and Remedies Code § 33.001, Texas follows a modified comparative negligence rule. If you are found partially at fault, your compensation is reduced proportionally. However, if you are found more than 50% responsible for the accident, you are completely barred from recovering any damages.
For example: If your total damages are $100,000 but you are found 20% at fault, you can recover $80,000. This is why it's critical to never admit fault and to work with a legal professional to establish liability accurately. You can learn more about how fault affects your recovery on our Texas personal injury laws guide.
Statute of Limitations: 2-Year Deadline
Texas law gives you 2 years from the date of the accident to file a personal injury or property damage lawsuit. This is governed by the Texas Civil Practice and Remedies Code § 16.003. Missing this deadline almost always results in permanently losing your right to sue, regardless of how strong your case is. Our detailed breakdown of how long you have to file an injury claim in Texas explains exceptions and special circumstances.
Minimum Insurance Requirements in Texas
Texas requires all drivers to carry at minimum 30/60/25 liability coverage:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury (multiple victims)
- $25,000 per accident for property damage
These minimums are often insufficient for serious accident injuries. If the at-fault driver is underinsured, your own uninsured/underinsured motorist (UM/UIM) coverage becomes critically important.
Distracted Driving and Texting While Driving
Texting while driving is illegal in Texas under Transportation Code § 545.4251. If the other driver was distracted at the time of the crash, this becomes important evidence of negligence. Read more about texting and driving laws in Texas and how they affect your claim.
DUI-Related Accidents
If the at-fault driver was under the influence at the time of your accident, you may be entitled to punitive (exemplary) damages in addition to compensatory damages. Texas allows punitive damages when conduct is found to be grossly negligent or malicious. See the full breakdown of DUI penalties in Texas and how they interact with civil liability.
Texas Car Accident Statistics
Understanding the scope of car accidents in Texas puts your situation in context and underscores why having a clear legal strategy matters.
For a deeper look at crash trends by city, highway, and injury type, visit our Texas car accident statistics resource. Understanding where and how accidents happen most frequently can help drivers stay safer on the road.
What Is a Car Accident Settlement Worth in Texas?
One of the first questions accident victims ask is: "How much is my car accident claim worth in Texas?" The answer depends on several variables, but here's a general breakdown.
| Injury Severity | Typical Settlement Range | Key Factors |
|---|---|---|
| Minor (whiplash, bruising) | $10,000 – $25,000 | Medical bills, missed work, pain |
| Moderate (fractures, soft tissue) | $25,000 – $100,000 | Surgery, ongoing PT, wage loss |
| Severe (spinal, TBI, permanent) | $100,000 – $500,000+ | Long-term care, disability, quality of life |
| Wrongful death | $500,000 – $2M+ | Survivor losses, funeral costs, punitive damages |
Types of Compensation Available in Texas
Texas personal injury victims may be entitled to recover:
- Economic damages: Medical expenses (past and future), lost wages, loss of earning capacity, vehicle repair/replacement
- Non-economic damages: Pain and suffering, emotional distress, loss of consortium, disfigurement
- Punitive damages: In cases of gross negligence or intentional misconduct (e.g., drunk driving)
Note: Texas does not cap compensatory damages in most car accident cases, but there are caps on punitive damages — typically limited to the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000.
For a detailed breakdown of what Texas accident victims typically recover, read our resource on the average personal injury settlement in Texas.
Not sure what your claim is worth? Speaking with an experienced legal professional can help you understand your options and avoid leaving money on the table.
Find a Texas Car Accident Lawyer →Common Mistakes to Avoid After a Texas Car Accident
Insurance companies employ adjusters and defense lawyers whose job is to minimize what they pay you. Avoiding these common errors can protect the full value of your claim.
⚠ Costly Mistakes That Can Ruin Your Claim
- Admitting fault or apologizing at the scene — even saying "I'm sorry" can be used against you
- Leaving the scene before police arrive (this is illegal in Texas under Texas Transportation Code § 550.023)
- Failing to seek medical care within 72 hours — gaps in treatment are weaponized by insurers
- Giving a recorded statement to the opposing insurance adjuster without legal guidance
- Accepting a quick settlement before you know the full extent of your injuries
- Posting about the accident on social media — insurers monitor accounts and use posts as evidence
- Missing the 2-year statute of limitations deadline for filing your lawsuit
- Failing to keep records of all accident-related expenses and communications
The Fast Settlement Trap
Insurance companies often make quick, lowball settlement offers in the days immediately after an accident — before you understand the full extent of your injuries or long-term medical costs. Once you sign a release of liability and accept a settlement, you generally cannot go back and ask for more money, even if your condition worsens. Never sign anything without first consulting a qualified legal professional.
Traffic Violations and Their Impact on Your Claim
If a traffic citation was issued at the scene — for speeding, running a red light, or an illegal turn — this can affect the comparative fault analysis. Understand how traffic ticket penalties in Texas can intersect with your civil claim and what steps you can take to protect yourself.
Frequently Asked Questions (FAQs)
These are the most common questions people ask after a car accident in Texas — answered clearly and concisely.
Yes. Texas law requires you to report any accident involving injury, death, or property damage over $1,000. Call 911 immediately and wait for law enforcement to arrive and file an official report. The crash report is a critical document for any insurance claim or lawsuit.
Texas imposes a 2-year statute of limitations for personal injury and property damage claims arising from car accidents (Texas Civil Practice and Remedies Code § 16.003). Missing this deadline typically means permanently losing your right to compensation — regardless of how valid your claim is. Limited exceptions exist for minors and cases of fraudulent concealment.
Texas is an at-fault (tort) state. The driver who caused the accident is legally responsible for covering damages to injured parties. You may file a claim with the at-fault driver's insurance company, your own insurer, or file a personal injury lawsuit directly.
Settlements vary significantly based on injury severity, liability clarity, and available insurance coverage. Minor accident settlements typically range from $10,000 to $25,000. Serious injury cases — involving spinal injuries, traumatic brain injuries, or permanent disabilities — can reach $100,000 to $500,000 or more. Wrongful death claims can exceed $1 million.
Texas has one of the highest rates of uninsured drivers in the U.S. — estimated around 20%. If the at-fault driver is uninsured, you can file a claim under your own uninsured/underinsured motorist (UM/UIM) coverage if you carry it. You may also pursue a civil lawsuit directly against the uninsured driver, though collecting a judgment can be difficult if they have no assets.
Yes — as long as you are 50% or less at fault. Texas follows a modified comparative negligence rule. Your compensation is reduced by your percentage of fault. For example, if you're 30% at fault and your damages total $50,000, you can recover $35,000. If you are found more than 50% at fault, you recover nothing.
Almost never. First offers from insurance companies are typically far below what victims are actually entitled to. Adjusters are trained to minimize payouts. Before accepting any offer, get a complete medical assessment, understand your long-term care costs, and have the settlement reviewed by a qualified legal professional.
Do not: admit fault in any form, say you feel "fine" or "okay," speculate about what happened, give a recorded statement without legal advice, or accept any settlement offer on the spot. Anything you say can be recorded and used to reduce or deny your claim.
Simple claims with clear liability and minor injuries may settle in 3–6 months. Cases involving serious injuries, disputed fault, or litigation can take 1–3 years or longer. It is generally advisable to wait until you have reached maximum medical improvement (MMI) before finalizing any settlement, so you know the true cost of your injuries.
If police respond, they file the report. However, if law enforcement does not come to the scene and the accident involved injury or property damage over $1,000, you are required to file a Driver's Crash Report (Form CR-2) with TxDOT within 10 days. You can do this online at the TxDOT CR-2 filing portal.
Talk to a Texas Car Accident Lawyer — Free
The steps you take in the days after your accident can significantly affect the outcome of your claim. A knowledgeable legal professional can protect your rights, handle the insurance companies, and fight for the full compensation you deserve.
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