What to Do After a Car Accident in Texas: Complete Guide

A car accident in Texas can feel overwhelming, but the steps you take in the first minutes and days can protect your health and your claim. Texas law sets clear duties at the scene and strict deadlines for insurance and legal action. This guide walks you through the legal requirements, how to document the crash, and how Texas fault rules affect your recovery.

Even minor crashes can turn serious once adrenaline fades. If you feel pain, dizziness, or numbness, get checked out and keep records of every visit. Medical documentation is one of the strongest pieces of evidence you can have if injuries appear later.

If you want a refresher on required coverages, start with our Texas car insurance laws overview, then use the steps below to handle the crash the right way.

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Texas Accident Reporting Requirements

Texas Transportation Code Chapter 550 sets your immediate legal duties after a crash. If the crash involves injury or death, you must stop, check whether anyone needs aid, and remain on scene until you provide required information and assistance (Texas Transportation Code §550.021 and §550.023). For property‑damage‑only crashes, you still must stop and exchange information, and if vehicles can be safely driven, move to a safer location to avoid blocking traffic (§550.022).

These requirements apply even for “minor” crashes. Failing to stop or failing to exchange information can lead to criminal penalties and also hurt your insurance claim. When in doubt, follow the statute: stop, stay, and exchange the required information.

At a minimum, Texas law requires drivers to exchange:

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Name and address, vehicle registration number, and the name of your motor vehicle liability insurer
Driver’s license information if requested and available
Reasonable assistance to anyone injured, including arranging transportation for medical care

TxDOT notes that Driver’s Crash Reports (CR‑2) are no longer retained by the state, so your best practice is to keep your own documentation and request the police report (CR‑3) if one is created. That report often becomes the backbone of an insurance claim.

At‑Scene Checklist (Texas)

Do this	Why it matters
Move to a safe location if vehicles are drivable	Texas law allows moving vehicles to reduce traffic hazards (§550.022).
Check for injuries and call 911	Injury/death triggers immediate reporting and aid duties (§550.021, §550.023).
Exchange names, insurance, and registration info	Required by §550.023 and critical for claims.
Photograph damage, plates, and the scene	Creates evidence for fault and claim valuation.
Get witness contact details	Independent statements can resolve fault disputes.

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Step-by-Step at the Scene

In the moments after a crash, focus on safety first. Use hazard lights, set out cones or flares if you have them, and keep yourself out of traffic. If someone is seriously injured, don’t move them unless there’s immediate danger (such as fire or traffic).

Use this quick sequence to protect safety and preserve evidence:

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Get to safety. If no one is hurt and the vehicles are drivable, move to a nearby safe spot or designated crash site (§550.022).
Check for injuries and call 911. Render reasonable aid and request medical help if needed (§550.021, §550.023).
Call police if required or if the crash is serious. A police report can be critical for disputed fault.
Exchange required information with the other driver(s).
Document everything: photos of vehicles, damage, skid marks, traffic signs, and the full scene.
Collect witness names and contact information.
Be polite but avoid admitting fault; keep comments factual.

What to photograph or write down:

Vehicle damage from multiple angles and close‑ups
License plates, VINs (through the windshield), and insurance cards
Traffic signals, signs, road conditions, and skid marks
Visible injuries (if appropriate) and torn clothing or deployed airbags
Names and phone numbers of witnesses

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If police respond, keep your statement factual: where you were, what you saw, and what happened. Avoid guessing or speculating. You can always provide additional details later after you’ve reviewed photos and your notes.

Texas Accident Timeline: What to Do When

Timeframe	What to do
Immediately	Ensure safety, call 911 if needed, exchange required information, and document the scene.
Within 24 hours	Notify your insurer, request a copy of the crash report, and seek medical evaluation.
Within a few days	Organize photos, repair estimates, medical bills, and witness statements.
Before 2 years	File any lawsuit for injury or property damage if the claim isn’t resolved (§16.003).

When to Call Police

Texas law requires an immediate report to law enforcement when a crash causes injury or death, or when a vehicle is damaged so it cannot be normally and safely driven (Texas Transportation Code §550.026). Even when injuries aren’t obvious, calling police is wise if the scene is unsafe, fault is unclear, or you expect significant damage.

TxDOT also explains that law enforcement must file a crash report with the state when a crash involves injury/death or property damage to any one person of $1,000 or more (Texas Transportation Code §550.062). If damage looks close to that threshold—or airbags deploy—calling police helps ensure the report needed for insurance and legal claims.

If an officer doesn’t respond, ask whether your city has a non‑emergency reporting process or online reporting portal. When a report is created, you can typically request the Texas Peace Officer’s Crash Report (CR‑3) through TxDOT’s crash report system.

Filing an Insurance Claim

Texas uses an at‑fault system, so you typically file against the other driver’s liability insurance or use your own collision coverage. Texas requires minimum liability limits of 30/60/25 (TDI Auto Insurance Guide), but serious crashes often exceed those limits. Consider how your PIP, uninsured motorist, and underinsured motorist coverages can bridge the gap—and whether full coverage fits your situation.

Open the claim quickly, provide the police report number, and share photos and witness contacts. Keep a file with repair estimates, towing and rental invoices, and all medical bills. If you’re unsure about coverage limits or want to shop for better protection, you can compare quotes here.

Practical claim steps to follow:

Ask for the claim number and the adjuster’s contact information
Schedule a vehicle inspection and request a written estimate
Track all medical appointments, prescriptions, and out‑of‑pocket costs
Keep a short diary of symptoms and how injuries affect daily life
Save emails, letters, and text messages with the insurer

PIP coverage can help pay medical bills and lost wages regardless of fault, and uninsured/underinsured motorist coverage can fill gaps if the other driver has no insurance or low limits. Those coverages are often the difference between being fully reimbursed and facing out‑of‑pocket losses.

Settlement values vary widely. As a national benchmark, the Insurance Information Institute (cited by Experian) reported 2022 average auto liability claim amounts of $26,501 for bodily injury and $6,551 for property damage. Texas outcomes can be higher or lower depending on injuries, fault, and policy limits.

Be cautious with quick settlement offers. Once you sign a release, you generally can’t seek additional payment—even if new injuries appear. It’s often better to wait until you understand the full medical impact before agreeing to a final settlement.

Texas Fault Rules & Comparative Negligence

Texas is an at‑fault state: the driver who caused the crash is responsible for damages. The Texas Department of Insurance explains that liability coverage pays the other driver’s repairs and medical bills when you cause an accident. That fault finding also drives your claim value.

Texas follows a modified comparative fault rule. Under Civil Practice & Remedies Code §33.001, you cannot recover damages if you are more than 50% responsible for the crash. If you are 50% or less at fault, your recovery is reduced by your percentage of responsibility.

Fault is determined using evidence: the police report, photos, vehicle damage patterns, and witness statements. That’s why documentation at the scene is critical—if fault is disputed, detailed evidence can keep you below the 51% bar and preserve your ability to recover.

Fault & Recovery Examples (Texas 51% Rule)

Your share of fault	What happens to recovery
0% at fault	You can seek 100% of proven damages.
20% at fault	Your recovery is reduced by 20%.
50% at fault	You can still recover, but only 50% of damages.
51% at fault	You are barred from recovery under §33.001.

Statute of Limitations

Texas gives you a limited window to file a lawsuit. Civil Practice & Remedies Code §16.003 requires personal‑injury and property‑damage lawsuits to be filed within two years of the date the cause of action accrues. Waiting too long can eliminate your ability to recover, even if the insurer is still negotiating.

The same two‑year deadline generally applies to wrongful‑death claims tied to auto accidents (§16.003(b)). If the claim is nearing the deadline, you should get legal advice quickly to preserve your rights.

Common Mistakes to Avoid

Leaving the scene or failing to exchange required information
Not calling police when the crash involves injuries, a disabled vehicle, or significant damage
Admitting fault at the scene before the facts are clear
Delaying medical care or stopping treatment early
Failing to document the scene and vehicle damage
Posting about the crash or injuries on social media
Accepting a quick settlement before the full impact of injuries is known
Missing insurer deadlines or ignoring follow‑up requests
Throwing away receipts for towing, rentals, and medical expenses

When You Need a Lawyer

Consider legal help if you have serious injuries, a death in the family, disputed fault, a commercial vehicle involved, or an insurer denying coverage. A lawyer can also help if comparative fault is being used against you or if the two‑year deadline is approaching.

You need surgery, long‑term care, or extensive time off work
The other driver is uninsured or underinsured and coverage is unclear
Multiple vehicles or companies are involved and fault is disputed
You’re offered a settlement that doesn’t cover medical bills

If you need local help, explore resources and guidance for Texans at /locations/tx/.

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Handled correctly, a Texas car accident claim doesn’t have to derail your life. Follow the reporting rules, document everything, and act quickly on insurance and medical steps. The right preparation—and the right policy—can make all the difference.