A crash on I-35 at rush hour, a rear-ender on MoPac, a T-bone at a Round Rock intersection. The first hour after a Texas car accident shapes everything that follows: your medical recovery, your claim value, and your stress level for the next twelve months. The decisions you make in those early minutes carry real legal weight under Texas law.
This guide walks you through every step, from the seconds after impact to the day you sign a settlement, with a focus on what Texas law actually requires of drivers in your position.
Step 1: Check for Injuries and Move to Safety
Before anything legal, anything insurance-related, anything else, check yourself and your passengers. Adrenaline masks pain. People walk away from crashes thinking they are fine, then wake up the next morning with whiplash, a concussion, or a herniated disc.
If your vehicle is drivable and you are out of the active traffic lane, turn on your hazard lights. If you cannot move the car, stay buckled until help arrives, especially on high-speed corridors like SH-130 or US-290.
Get out only if it is safe. Secondary crashes are common on Texas highways, where speeds and traffic volume make a stalled vehicle a serious hazard.
Step 2: Call 911 and Request Police
Texas Transportation Code Section 550.026 requires drivers to report any accident involving injury, death, or apparent vehicle damage. Call 911 right away, even if the damage looks minor. A police report creates an official record that becomes critical evidence later.
The responding officer will:
- Document the scene and create a Texas Peace Officer’s Crash Report (CR-3)
- Interview both drivers and any witnesses
- Note road conditions, weather, and apparent contributing factors
- Check for signs of impairment
Stay calm and answer questions honestly, but do not volunteer fault or speculate about what caused the crash. Saying “I’m sorry” or “I didn’t see them” can be twisted into an admission later. Stick to facts: where you were going, what speed you were traveling, what you saw.
Step 3: Exchange Information, but Carefully
Texas law requires drivers involved in a crash to exchange names, addresses, vehicle registration, driver’s license numbers, and insurance information. Get all of it. Take photos of the other driver’s insurance card and license rather than writing things down by hand.
Do not discuss fault. Do not say you are uninjured. Do not agree to handle things “off the books” without involving insurance or police. These conversations almost always benefit the at-fault driver, not you.
If a witness stopped, get their name and phone number. Their statement may be the difference between a denied claim and a paid one if the other driver later changes their story.
Step 4: Document the Scene
Photos and video matter. Most Texas drivers carry a camera in their pocket, and crash investigators rely heavily on what victims captured in the first thirty minutes.
Photograph:
- All vehicle damage from multiple angles
- License plates of every car involved
- Skid marks, debris fields, and final resting positions
- Traffic signals, stop signs, and lane markings
- Visible injuries on you and your passengers
- The other driver’s insurance card and ID
Look for surveillance cameras on nearby buildings, gas stations, or traffic poles. If a business camera caught the crash, the footage may be overwritten in days. Note the location so your attorney can request preservation quickly.
Step 5: Get Medical Care, Even if You Feel Fine
This is the step most people get wrong. You feel okay at the scene because adrenaline is doing its job. Hours or days later, the real symptoms set in: neck stiffness, headaches, lower back pain, dizziness, sleep problems.
Visit an emergency room, urgent care, or your doctor within 24 to 48 hours of the crash. Dell Seton Medical Center, St. David’s, and Ascension Seton facilities across Central Texas all have urgent care options. If you went to the ER, follow up with a primary care doctor or a treatment specialist promptly.
Why this matters legally: insurance companies use treatment gaps to argue your injuries are not crash-related. A two-week delay between the wreck and your first doctor visit gives the adjuster a way to deny or reduce your claim, even when the injury is real.
At The Pabst Law Firm, we operate on a treatment-first philosophy. Healing comes before settlement talks. A rushed payout almost always undervalues a case where symptoms keep developing.
Step 6: Report the Crash to Your Insurance Company
Most Texas auto policies require prompt notice of any accident, often within 24 to 72 hours. Call your own insurer to report the crash, but keep the call brief.
Stick to the basics:
- When and where the crash happened
- The other driver’s name and insurance information
- That you are seeking medical evaluation
- That you will follow up once you have more information
Do not give a recorded statement, sign any medical authorizations, or accept any settlement offers from the other driver’s insurance company before talking to an attorney. Adjusters are trained to extract statements that hurt your case.
Step 7: Understand Texas Fault Rules
Texas is an at-fault state. The driver who caused the crash, and their insurance, are responsible for damages. Texas follows a modified comparative negligence rule under Civil Practice and Remedies Code Section 33.001: you can recover damages as long as you are 50 percent or less at fault. If you are 51 percent or more at fault, you recover nothing.
Your share of fault reduces your recovery. If a jury values your claim at $100,000 and finds you 20 percent responsible, you take home $80,000.
Insurance adjusters use this rule against you. They will look for any reason to push your fault percentage higher: a missed turn signal, a glance at your phone, even a few miles over the speed limit. Documenting the scene properly protects you from those arguments.
Step 8: Know the Two-Year Deadline
Texas Civil Practice and Remedies Code Section 16.003 gives car accident victims two years from the crash date to file a personal injury lawsuit. Miss that deadline, and the courthouse door closes for good in most cases.
Two years sounds long. It is not. Medical treatment alone can run six to eighteen months. Investigation, evidence preservation, and negotiation take additional time. Waiting until month 22 to call a lawyer almost always weakens the case.
If a government vehicle was involved, the Texas Tort Claims Act often requires written notice within six months. The clock moves faster than people expect.
Step 9: Talk to a Texas Car Accident Attorney
You do not need a lawyer for every fender-bender. But if you suffered any injury, lost time from work, or are getting pressure from an insurance adjuster, a free consultation costs nothing and tells you where you stand.
The Pabst Law Firm is a family-run, boutique personal injury firm in Austin. Frank and Nicky Pabst handle every case personally, which means you talk directly to your attorney, not layers of intake staff. We work on a contingency fee basis, so you pay nothing unless we recover for you. Hablamos español.
Call (512) 641-2676 or fill out our online form for a free, no-obligation case review. We serve clients throughout Austin, Cedar Park, Round Rock, Georgetown, Pflugerville, Kyle, Buda, San Marcos, and all of Central Texas.
(512) 641-2676