What To Do After a Car Accident in Texas, According to Lawyers

If you’ve been in a car accident, every step matters to ensure your safety, protect your rights, and secure fair compensation. 

But don’t worry, we’ll explain exactly what to do after a car accident, according to Texas law.

We’ll cover exact steps, common legal pitfalls that could incriminate you, and how to approach the car insurance settlement process to get fair compensation.

At No Bull Law, we’ve helped many clients through difficult auto accident and personal injury cases. From distracted driving accidents to drunk driving accidents, we know that every case is unique.

If you need legal advice specific to your case, you can contact No Bull Law for a free consultation.

Below, we’ll cover the crucial steps you need to take following a Texas car accident. 

However, we should note that complexities will surely arise, and it’s hard to get everything right in the moment. We highly recommend getting legal advice early on.

1. Get to Safety

The Texas Transportation Code requires you to stay at the scene of the car wreck to exchange details and help anyone who’s injured.

However, the very first thing to do is get out of harm’s way. You must move your vehicle out of the road if possible.

Then, assess the scene, taking stock of your injuries and checking on the safety of all the other car accident victims.

2. Call 911

Call 911 even if it’s a minor fender bender. This ensures that official law enforcement records are available for your claims process later.

Calling 911 is especially important when:

• Someone is injured
• There is significant vehicle or property damage (The Texas Transportation Code requires this if a vehicle is damaged in a way that makes it unsafe to drive.)
• You suspect a driver of breaking the law
• You’re unable to move vehicles off the road
• There’s a dispute about who was at fault
• One of the drivers flees the accident scene
• One of the drivers is uninsured

When law enforcement arrives at the scene of the car wreck, you can ask for the officers’ names and badge numbers in case you need this information down the line.

3. Exchange Insurance Information

Share names, contact details, and insurance information between all parties involved in the accident. This is so that you can make the appropriate insurance claims.

Texas is an at-fault state, which means you will need to contact the at-fault driver’s insurance company to claim compensation due to you.

4. Collect Evidence

If you or someone you know are able to, collect evidence at the accident scene in the form of photos or videos of the road, the vehicles involved, and any injuries. Capture the vehicles’ positions (if possible, before they are moved), both vehicles’ license plates, and any relevant details, such as skid marks, which could indicate how the accident happened.

You can also take a photo of the at-fault driver and their driver’s license and record conversations with other parties and witnesses for future reference.

If there were witnesses, ask for their names and contact details in case you need their testimonies later for insurance purposes or legal proceedings.

5. Seek Medical Care

Always seek prompt medical care after an automobile accident, even if you think you’re uninjured or have minor injuries. Sometimes, bodily injury symptoms don’t start showing up until later.

Your legal team can also advise you on the best procedures to follow to get the necessary checkups. Remember, if you were not at fault for the motor vehicle accident, you can claim your medical expenses back through an insurance settlement.

It’s also critical that you follow medical advice and attend all scheduled appointments. The insurance company can use evidence of not following your treatment to devalue your claim.

For example, say your doctors ordered you to wear an orthopedic boot for eight weeks. If the insurance company gets evidence that you took it off after four weeks, they can argue that you lied about the injury’s severity or made your injury worse by not wearing it. They may try to decrease your settlement because of this.

6. Contact a Personal Injury Attorney

The earlier you do this, the better because things can get complicated after an accident. They can help you understand your rights, avoid self-incrimination, and prepare for potential claims or legal action. 

We’ll soon explain more about the role of legal representation and how the experienced attorneys from No Bull Law can help you.

7. Communicate with Your Insurance Company

Promptly report the accident to your insurer and provide all necessary documentation, including photos, a copy of the police report, and contact details of the involved parties.

They can provide options for vehicle repair and obtaining cost estimates. Clear communication ensures smoother claims processing and faster resolution.

8. Purchase a Copy of the Crash Report

In Texas, you can request an accident report online, by mail, or in person from the Texas Department of Transportation. The accident report contains crucial details about the incident, often required for insurance claims and legal proceedings.

The crash report typically costs $6 for a regular copy and $8 for a certified copy.

9. Keep Extensive Notes and Documentation

Keep track of all your accident-related expenses, like medical bills and car repairs, and save receipts, photos, and reports. Write down anything you think might be important—your recovery progress, calls with insurance, or updates on your case. 

Having everything organized makes it easier to get the compensation you deserve, and make sure to retain all documentation and notes until your claim is resolved.

Even small mistakes after an auto accident can hurt your chances of getting fair compensation or even put you in legal trouble. 

Avoid these common missteps to protect your rights and keep things from getting worse:

• Leave the accident scene without speaking to the other drivers or police.
• Say anything that could be interpreted as admitting fault, including apologizing.
• Engage in unruly or argumentative behavior.
• Sign anything at the scene without a lawyer present (E.g., a document acknowledging fault or agreeing to let the other driver fix your car).
• Speak to anyone else’s insurance company without legal representation.
• Speak to anyone about the car crash besides your personal injury attorney, the police, immediate family, and medical providers.
• Post details about the car crash on social media.

Everything you do at the scene and following an automobile accident matters because of what comes next: The car insurance claims process. 

If you were not at fault for the accident, you’re entitled to compensation for your damages, but you must dot your i’s and cross your t’s to get what you deserve.

Let’s explore the claims process further.

Before we dive into the car insurance settlement process, there are three key facts you need to know about Texas law:

1. Texas is an at-fault state. That means the at-fault driver is liable for compensating the injured parties.
2. According to Texas law, all drivers must have car insurance that covers (at a minimum) $25,000 in property damage, $30,000 per person, and $60,000 per accident. Insurance companies are only obligated to pay up to the maximum the insurance policy covers.
3. Texas has a comparative negligence law. This means that each party involved is assigned a percentage of responsibility for an accident. If you are found to be 10% responsible, for example, your claim can be reduced by 10%.

With that in mind, here is how the car insurance settlement process works:

• You file a car accident claim with the at-fault party’s insurance company.
• The insurance company will investigate the claim, request corroborating information, and calculate your damages. Based on several factors, they will present you with a settlement offer.
• The insurance company will often try to minimize the payout by undervaluing your damages, discrediting your story, or pinning more blame on you. As a result, the first offer they make will almost always be too low.
• You can negotiate with the insurance company to get a higher settlement. However, we don’t recommend doing this alone. According to a study by the Insurance Research Council, you could get 3-3.5x more on average in the settlement if you consult with an experienced Texas car accident lawyer.
• If you can’t reach a settlement through insurance, you can:
  
  • Sue the at-fault driver directly.
  • Sue another at-fault third party (E.g., a vehicle manufacturer or government entity responsible for road hazards).
  • Claim from your own insurance policies — E.g., Uninsured and underinsured motorist (UI/UIM) coverage, personal injury protection (PIP), collision coverage, or health insurance.

This can be a complicated and tedious process, so it’s best to hire a personal injury lawyer to do the heavy lifting and strengthen your car accident case. 

We already mentioned that a personal injury attorney can, on average, get you 3-3.5x the payout, but how exactly do they achieve this?

Here’s how they help:

• Investigating the Accident: A car accident attorney can gather evidence, consult with experts in their network, and build a strong case to prove fault and support your claim.
• Calculating your Expenses: They help track all accident-related costs (medical bills, property damage, repairs, lost wages, etc.), ensuring your claim is fair and accurate.
• Liaising with Insurance Companies: A lawyer handles the complex back-and-forth with insurers, submitting everything on time and ensuring nothing is missed, so you can focus on recovery.
• Assessing Settlement Offers and Getting Maximum Compensation: They negotiate expertly with insurers to secure the best possible settlement, advising you when an offer is fair or when to push for more. As a result, cases settle for 3-3.5x more on average when a lawyer handles the negotiations.
• Clarifying Your Options: Your personal injury lawyer can provide indispensable legal advice in simple terms so you always understand what’s happening. Lawyers can walk you through alternative legal routes to pursue compensation if insurance doesn't cover everything.
• Representing You in Court: Ideally, your car accident lawyer has been with you from the start and has a deep understanding of your case. Should your case go to trial, they provide expert representation to fight for your rights and the settlement you deserve.

When it comes to picking the right Texas car accident lawyer, you need someone who is passionate and dedicated, experienced in personal injury law, and won’t charge you a cent unless they win your case.

Fortunately, we have just the team for you — No Bull Law.

At No Bull Law, we cut through the nonsense to fight for what matters — securing justice and fair compensation for you. Focusing relentlessly on protecting your rights, we combine legal expertise with personalized care to deliver real results.

Here’s how it works:

• You contact us for a free case consultation (Also available in Spanish — También disponible en español.)
• If we decide to take your case, we will come up with a game plan to get you maximum compensation.
• You don’t pay unless we win. Our fees are deducted as a percentage of your final settlement.

To wrap up, let’s cover some topics people often ask us about.

5 FAQs About Texas Car Accidents

Car accidents can leave you with many questions about what to expect and how to move forward. In this car accident FAQ, we’ll answer some of the most common concerns to help you confidently get through the process.

1. How Will a Car Accident Affect Your Insurance Rates?

Car insurance rates often increase after an accident, especially if you’re found at fault. On average, an at-fault accident can raise your premium by 59%.

You might still see a smaller increase if you’re not at fault. This is more likely if you have a history of previous vehicle accidents or traffic violations.

The amount you receive in a car accident settlement depends on various factors, from bodily injury severity to who was at fault. Each case is unique, but understanding these key elements can give you an idea of what to expect.

• Injury Severity: Settlements are heavily influenced by how much your injuries cost to heal and how much they affect your life.
  
  Minor injuries settle for less because they are quicker and less costly to heal and have no long-term effects on your future or income.
  
  Meanwhile, major injuries can call for expensive surgeries and long-term rehabilitation and medical care. A catastrophic injury may leave the accident victim permanently disabled, disfigured, or living with chronic pain. Additionally, they can greatly impact your income and earning potential. Therefore, they settle for much higher amounts.
  
  In the worst-case scenario, a catastrophic injury can lead to loss of life, which is grounds for a wrongful death case. These cases often settle for upwards of $500,000.

• Property Damage: Your settlement will consider the cost of repairing or replacing your vehicle and anything else of value that was damaged in the crash.
  
  Your medical expenses, property damages, and any other tangible financial expenses together make up your “economic damages”.
  
  The more severe the damage, the higher the compensation is likely to be.

• Pain and Suffering: You can also claim compensation for emotional factors that don’t have a specific dollar value (non-economic damages). Pain, emotional trauma, and diminished quality of life can all contribute to a higher settlement.

• Point of Impact: While not always the case, certain types of collisions tend to result in more serious damages and higher settlements.
  
  For example, high-speed head-on collisions and rollover accidents tend to be more severe than a rear end collision. A rear end accident often happens at low speed, such as when a driver loses focus in traffic and collides with the back of another vehicle.

• Insurance Policy Limits: Your settlement can’t exceed the at-fault party’s insurance coverage.
  
  For instance, say their policy limit is the minimum required by the Texas Department of Insurance — $30,000 per person and $60,000 per accident. The maximum you can receive is $30,000, even if your damages are higher. If there are multiple car accident victims, insurance won’t pay out more than $60,000 shared between them.

• Aggravating Circumstances: Settlements tend to be higher in drunk driving accidents or any other case where the driver was breaking traffic laws (E.g., speeding, running lights, etc.)
  
  If the case goes to court, this could even result in you receiving additional punitive damages (intended to punish the perpetrator).

• Liability: Settlements are affected by each party’s percentage of fault. For example, imagine that you were the accident victim in a rear end collision at an intersection, but your brake lights weren’t working at the time. You may be found 30% liable for the broken lights, while the other person takes 70% of the blame for not stopping in time. Your settlement can be reduced by 30%.

It can be tricky to navigate all the complexities of these factors and figure out what compensation you deserve. That’s why it’s always beneficial to have a personal injury lawyer on your side.

3. What Happens If the Other Driver Flees the Scene?

If the at-fault driver flees, you’ll need to rely on the police investigation to locate them and pursue compensation.

In the meantime, an experienced car accident attorney can help you explore other options, like seeking compensation through your own insurance policies (E.g., UI/UIM, collision coverage, PIP, and health insurance).

4. How Long Do Car Accident Settlements Take, and What Are the Timeline Requirements?

Car accident settlements can take anywhere from a few months to several years, depending on the case's complexity.

On average, settlements pay out in about 10-11 months. Accepting the first offer, you can get a payout in closer to eight months. 

Meanwhile, enlisting a lawyer to negotiate or file lawsuits can extend this timeline, but payouts are much higher (3-3.5x higher on average). While longer processes often lead to higher payouts due to thorough negotiations and evidence gathering, every car accident case is unique. The lawyers at No Bull Law can provide you an estimate based on your specific case.

Now, there are also timelines you need to stick to in order to reach a settlement. A good car accident lawyer can provide guidance so you don’t miss any deadlines. Here are some important requirements in Texas:

• You have 10 days to file a police report in Texas.
• Insurance providers have internal time limits on how long you have to file a car accident claim, so it’s best to do so as soon as you can.
• If you want to file a lawsuit, you must do so within two years of the accident date. There are some exceptions for very rare cases.
• If you want to bring a lawsuit against the government, you must first file a claim against them and notify them within 180 days of the accident. Some counties and municipalities have a shorter notice period, as little as 60 days.

5. What Happens If Neither Driver Caused the Car Accident?

Sometimes, vehicle accidents aren’t the drivers’ fault. Bad weather, dangerous roads, or a car malfunction can cause crashes.

So, how do you cover your expenses in that event?

In these cases, you might be able to get compensation from a third party, like the government for poor road maintenance or a car company for a faulty part. A lawyer can help you figure out your options.

Navigating the Aftermath of Your Car Accident with Confidence

The fallout and admin after a motor vehicle accident can be overwhelming, from gathering evidence and filing claims to understanding timelines and liabilities. Taking the right steps is crucial to protect your rights and secure fair compensation. Each decision you make plays a vital role in the outcome.

That’s why you can depend on No Bull Law. We’re here to cut through the legal red tape, fight for your rights, and guide you every step of the way. We handle the complexities so you can focus on healing and rebuilding.

Contact No Bull Law today, and let us help you get the compensation you deserve — no nonsense, just results.