What to Do After a Texas Car Accident

Texas drivers are no strangers to high-speed driving, traffic congestion, and other road hazards. In fact, there was an average of more than 1,400 crashes daily in Texas in 2024—that’s one every 58 seconds. Each person in the U.S. is statistically likely to be involved in a car crash about three to four times in their lifetime, though most of these will be minor incidents. 

However, fortunately, this is an infrequent occurrence for most people, so sometimes we don’t know exactly how to react or what to do if we’re in a crash. This is compounded by the fact that we might be angry, afraid, or injured at the time of a crash, and we aren’t always thinking straight about next steps. 

Here, we’ll set forth a guide to what you should do if you’re involved in a Texas car accident. If you’ve already been in a crash, you can learn what you should be doing now to preserve your legal rights and what to be aware of moving forward.

Being involved in a Texas car accident can be overwhelming and scary, but knowing ahead of time what to do can make a big difference. Below, we’ll walk through what to do immediately at the scene—whether it’s a minor fender-bender or a serious injury crash—Texas-specific laws you should know, how to handle insurance claims, obtaining a police report, when to contact a personal injury lawyer, and some helpful resources for Texas drivers.

What to do immediately at the scene of a Texas car accident

1. Check for injuries and ensure safety

As soon as you realize you’ve had a collision, assess your own condition and check with your passengers to see if anyone is injured. If there are any injuries, call 911 immediately to get medical help to the scene. Your first priority is making sure everyone’s medical condition and safety are handled. Do not move a person who is seriously injured unless they are in immediate danger. It’s best to wait for trained medical personnel if possible.

If your vehicle is equipped with flares or can use its hazard lights, use them to warn oncoming traffic. Texas law requires any driver involved in an accident to stop immediately and render reasonable aid to any injured person. If you leave the scene of a crash, you could be criminally charged with a hit-and-run. Even if it’s a minor crash, you could be charged with misdemeanor hit-and-run; this becomes a felony if there is injury or death.

2. Report the accident (call the police)

Texas law requires that you notify police immediately if the accident resulted in an injury, a fatality, or if a vehicle is damaged to the point of being unable to be driven away safely. In other words, if any person is hurt or if you need a tow truck. However, if it’s a minor crash that doesn’t require a tow and no one is hurt, you should still call the police or local sheriff. Even if the incident doesn’t meet the requirements for reporting, you can always request an officer to come to the scene. They can help facilitate the exchange of information and document the accident, which provides a neutral record. It’s also helpful to have an officer present if any party becomes agitated, angry, or aggressive while exchanging information or if there are different accounts of how the accident occurred. 

The responding officer will initiate the Texas Peace Officer’s Crash Report (Form CR-3) if the incident meets the criteria for reporting.

3. Move your vehicle out of traffic

If it’s safe to do so, move your vehicle out of the road to avoid blocking traffic. Texas follows the “steer it and clear it” approach to prevent secondary crashes. For instance, if you have a minor fender-bender on a major highway, but your car can still run, you’re required to carefully drive it to the shoulder or a nearby parking lot rather than leaving it in a busy lane. If the vehicles are too damaged, or if someone is injured, don’t try to move. Keep yourself safe and wait for first responders to arrive.

4. Exchange information with other parties

As soon as the immediate danger is under control, you must exchange information with all other parties involved. Texas law requires that each driver must provide their name, address, vehicle registration number, and insurance information to all other involved drivers and any police officer at the scene. 

Be sure you have the following from every involved driver:

• Full name and contact information (address and phone number); 
• Driver’s license number (ideally, take a photo of their license if they will allow it); 
• Vehicle information, including make, model, license plate number, and Vehicle Identification Number (VIN). The VIN can usually be found on the dashboard near the windshield or on the driver’s door jamb; 
• Insurance information, including the name of their insurance company, policy number, and a contact phone number for claims. You could also take a photo of their insurance card; and 
• Name and contact information of the vehicle's owner, if the driver is not the owner.

Although you should be polite and cooperative during this exchange, avoid apologizing or admitting fault for the accident. Even a seemingly innocuous “I’m sorry” could be interpreted as an admission of legal liability. Stick to the facts, and you don’t have to get into liability issues right then and there on the scene.

5. Document the scene and collect evidence

If you’re not badly injured, try to gather evidence. This can be valuable later for insurance claims or a lawsuit. Take photos and video from various angles of the accident scene. Do not take photos of any other person’s injury, but do photograph scenes that include:

• The position of vehicles, skid marks, intersections or road signs, traffic signals, etc. 
• Close-ups of vehicle damage on all vehicles 
• Take photos of the cars in their entirety, too; you don’t want the other driver to claim their vehicle was more damaged than it is
• Debris, broken glass, or vehicle parts on the road
• Road conditions or hazards, like icy patches, obscured stop signs, etc. if relevant

If there are witnesses, gather their contact information. Sometimes, a witness will stick around long enough to make sure people are receiving help, but they leave once first responders arrive on scene. You don’t want to lose these people if you can avoid it. If a witness offers to make a statement, you can record it with your phone, but be sure to take their name and contact information because it will likely need to be verified later. 

Finally, when it’s safe to do so, take your own notes about your observations at the time of the crash. Memories become hazy over time, and details could escape you if you don’t make notes. Was the other driver on the phone? Did they run the red light? What lane were they in when you collided? The more detail you can remember and include, the easier it will be to fill in gaps or correct errors later if asked.

6. Remain at the scene

Texas law requires involved parties to remain at the accident scene until you’ve fulfilled all legal duties. That includes exchanging information and, if police are present, remaining until they tell you to leave. If the officer issues you a ticket (citation), accept it calmly. You can address the issue later; accepting the ticket is not an admission of guilt for the accident. Be sure to take note of the police report reference number or the officer’s name and badge number. These references will help you obtain the official crash report later.

7. Contact a towing company or request roadside assistance

You will need a tow if your vehicle isn’t drivable. Texas police might dispatch a tow for you if they arrive and see that it’s needed, but you can always call a tow service yourself. Remember to remove any valuables from your vehicle before it’s towed. You have the right to choose the tow destination (within a reasonable distance) if you have a preferred body shop; just let the tow truck driver know. If you don’t specify, your vehicle could end up in a storage lot. Take the tow truck driver’s information and the tow address. You can claim towing and storage charges as property damage for your insurance claim or lawsuit.

8. Seek a medical evaluation

This is a must, even if you think you’re uninjured. You might not require emergency treatment at the scene, but you should follow up with your primary care provider or an urgent care shortly after. There are injuries like whiplash, concussions, or soft-tissue injuries that don’t show immediate symptoms. Seeking a prompt medical evaluation creates documentation for any issues that might appear in a couple of days or weeks. If you don’t have a medical examination, it will be harder to link the injuries to the accident. If you eventually file an injury claim in Texas, the medical records from shortly after the crash will strengthen your claim. 

What if you forget these steps? 

We’ve got you covered! Here’s a printable checklist to keep in your car in case you need a refresher in the moment when an accident happens:

How to follow up after a Texas car accident

Each state has laws for what a driver must do after an accident. These are the key Texas laws you need to know:

Stop and report the accident

As mentioned previously, Texas law obligates drivers who are involved in an accident to stop and remain at the scene. If the accident results in injury, death, or a vehicle that cannot be driven safely, report to the police immediately (usually by calling 911). Failure to report can result in severe penalties. In Texas, Failure to Stop and Render Aid is a felony offense. It could result in fines, license suspension, and jail time. If it’s property damage only, not stopping or exchanging information is a misdemeanor, punishable by fines and possibly jail for higher damages. 

Texas has a 10-day rule for accident reporting. If there is a police report, you typically don’t need to file a separate accident report with the state. The police report should satisfy the requirement. 

However, if the accident was minor and there is no police report, then the drivers must file a Driver’s Crash Report (Form CR-2) with the Texas Department of Transportation. This is for any crash that has injuries, a fatality, or property damage of $1,000 or more. It must be filed within 10 days of the accident. This is essentially a mechanism for self-reporting the crash, and it will ask for similar information as a police report would contain. Failure to report the accident could result in fines or driver’s license suspension, so if you’re not sure (for example, you’re close to the property damage threshold), it’s best to file the report. You can do this on the TxDOT website or by mail.

Texas is an at-fault state

Texas follows a traditional fault-based system for car accidents. The driver who caused the crash is financially responsible for damages. Those affected would file claims against the at-fault driver’s insurance company to seek compensation.

Texas comparative negligence rule

Texas follows a modified comparative negligence rule. You may recover damages even if you were partially responsible for the crash, as long as you were not more than 50% at fault. If you are 51% or more at fault, you may not claim damages from the other party.

Mandatory insurance requirements

Texas minimum insurance limits are 30/60/25 coverage: 

$30,000 for bodily injury per person
$60,000 total per accident for bodily injury (if multiple people are injured)
$25,000 property damage 

Remember, these are minimum coverage amounts required by Texas law. Many drivers choose higher limits for better protection. 

Texas insurance companies must also offer Personal Injury Protection (PIP) insurance and Uninsured/Underinsured Motorist (UM/UIM) coverage; if you opt out of these coverages, you must do so in writing.

Texas statute of limitations for a car accident claim

You have two years from the date of the accident to file a lawsuit. If you try to file a lawsuit after the two-year time period has passed, the court will likely dismiss your case. There are a couple of very limited exceptions (for example, if an injured person is a minor), but assume that you need to file within the 24-month statute of limitations. 

Note that special rules apply if the accident involved a Texas government vehicle or entity. If that’s the situation, then you must provide formal notice of your claim to the government within six months of the accident (some cities require notice within 90 days).

This list can get you started on the road to recovery if you’ve been involved in a Texas car crash. Don’t forget to print the list above and keep it in your car as a reference in case you need it at the scene of an accident. The legal system can be complex, but it doesn’t have to be stressful. However, it can help to have a team of compassionate, experienced, skilled lawyers on your side. The team at Simmons & Fletcher is ready to help you through whatever you need to obtain compensation for your losses.