After a car accident in Texas, the first things to do are get to safety, call 911 if anyone is hurt, document the scene, and avoid admitting fault. In Texas you generally have 2 years to file a claim, but the decisions you make in the first few minutes and days can determine how to best protect your rights. This guide walks you through exactly what to do.
What to do in the first minutes at the accident scene
Always stop: leaving the scene of an accident is a crime in Texas. Turn on your hazard lights and, if it’s safe, move the vehicles out of traffic or harms way.
Check whether anyone is injured and call 911.
Stay calm and do not argue or admit fault.
If you can, warn oncoming traffic to prevent another crash.
What information to gather (and the photos that matter)
The evidence you collect at the scene is key to your claim. Take photos and note everything you can before the vehicles are moved.
The other driver’s name, license, insurance, plate, and phone number.
Photos of the damage to both vehicles, final positions, traffic lights and signs, skid marks, and visible injuries.
Names and contact details of witnesses.
The police report number.
How to report the accident in Texas and the deadlines
In Texas you must report an accident when there is injury, death, or property damage over $1,000 (where did this information come from?). Usually the police prepare the report (form CR-3); ask for it. If the police do not come to the scene, you can file the report yourself with the Texas Department of Transportation (TxDOT) within 10 days. Also notify your insurer as soon as possible.
Common mistakes when dealing with the insurer
The insurance company aims to pay as little as possible. Avoid these mistakes that can impact your rights:
Admitting fault or apologizing for the accident.
Accepting the first offer, which is almost always low.
Giving a recorded statement without legal advice.
Signing broad medical authorizations.
Posting about the accident on social media.
Legal deadlines to file in Texas (statute of limitations)
You generally have 2 years from the date of the accident to file an injury lawsuit (Texas Civil Practice & Remedies Code § 16.003). Texas also follows modified comparative negligence: if you are found more than 50% at fault you cannot recover, and if less, your award is reduced by your percentage of fault.
When is it worth hiring an accident lawyer?
It’s worth speaking with a lawyer if there were serious injuries, if fault is disputed, if multiple vehicles were involved, or if the insurer denies or downplays your claim. Most injury lawyers work on a contingency fee: they don’t charge unless they win, and the first consultation is usually free.
Frequently Asked Questions
Yes, if there is injury, death, or damage of $1,000 or more you are required to report it. Even if it seems minor, the police report is important evidence for your claim. (Would like to know where this information came from – have not heard this before)
If the other driver is uninsured, your own uninsured/underinsured motorist (UM/UIM) coverage may cover your damages. In addition, there may be other avenues for recovery that can be discovered. For example, if the defendant driver was on the clock or working for a company while driving. That’s why it’s important to consult with an attorney.
Generally, 2 years from the date of the accident. After that deadline you will most likely lose the right to claim.
Not necessarily. The first offer is usually low and may not cover future medical costs or your full damages. Review it with a lawyer before signing anything.
At The Salazar Law Firm we have spent over 35 years helping accident victims in Dallas. The consultation is free and we don't charge unless we win. Call (214) 833-5378 or schedule your free consultation.
This article is for information only and is not legal advice. Every case is different; consult a lawyer about your specific situation.