What Should I Do If I’ve Been in a Car Accident in Texas?

The moments after a car accident are chaotic. Your hands shake, your heart pounds, and clear thinking feels impossible. But what you do in those first minutes and hours can make or break your personal injury claim down the road. Our San Antonio car accident lawyers at J.A. Davis Injury Lawyers have seen too many cases weakened by simple mistakes at the scene, mistakes that could have been avoided if the victim knew what steps to take and which ones to skip. Texas roads saw a reportable crash every 57 seconds in 2024 according to the Texas Department of Transportation, and San Antonio alone records more than 39,000 collisions a year. If you drive in South Texas, knowing what to do after an accident is not optional. It is essential.

Whether the wreck happened on Loop 410 during rush hour, along Interstate 2 in the Rio Grande Valley, or in a grocery store parking lot off Nolana Avenue in McAllen, the steps below apply. Our McAllen car accident lawyers walk clients through this process every day, and we can tell you from experience that the victims who follow these guidelines put themselves in a far stronger position when it comes time to negotiate with the insurance company or file a personal injury lawsuit.

If you or someone you love has already been hurt in a car, truck, or motor vehicle accident, our personal injury lawyers are ready to help. Contact J.A. Davis Injury Lawyers for a free case review so we can start protecting your rights immediately.

Stop, Stay, and Call for Help

Texas law requires every driver involved in a collision to stop immediately at the scene. Leaving the scene of an accident that involves injuries or death is a felony under Texas Penal Code Section 550.021, and even leaving a property-damage-only crash can result in criminal charges. Once you have stopped, check yourself and every passenger for injuries. If anyone is hurt, call 911 right away. Emergency responders will dispatch paramedics and police to the scene. Even if the injuries appear minor, always request that an officer respond. The police report generated at the scene becomes one of the most important pieces of evidence in your claim.

In some areas of South Texas, police may not respond to every accident scene, particularly for low-speed fender benders with no apparent injuries. Officers may consider the severity and location of the crash before deciding whether to dispatch a unit. If that happens, you can still file a crash report through the Texas Department of Transportation or your local police department within ten days. Do everything you can to get an official report on file. Without one, the insurance company has more room to dispute your version of events.

Gather Every Piece of Information You Can

While you are still at the scene, collect the following from every driver involved: first and last name, home address, phone number, driver’s license number, license plate number, and insurance carrier with policy number. If the other vehicle is a commercial truck or company car, write down the employer’s name and any fleet numbers printed on the vehicle. This information is critical for filing your insurance claim and for our lawyers to identify every liable party and every available source of recovery.

Do the same for passengers and witnesses. Get their names, phone numbers, and email addresses before they leave the scene. Witnesses tend to disappear quickly, and tracking someone down weeks later is far harder than asking for a phone number while they are standing ten feet away. Witness statements can be the deciding factor when the other driver tries to shift blame onto you.

Use your phone to photograph everything. Capture damage to every vehicle from multiple angles. Photograph skid marks, broken glass, debris, road signs, traffic signals, and weather conditions. If you have visible injuries such as cuts, bruising, or swelling, photograph those too. These time-stamped images become powerful evidence that supports your claim long after the wreck has been towed away and the road has been swept clean.

If you struck a parked car or damaged property and the owner is not around, Texas law requires you to leave a written note with your name, address, and a description of what happened. Failing to do so can result in hit-and-run charges.

Seek Medical Attention Without Delay

Even if you feel fine at the scene, see a doctor within 24 to 48 hours. Adrenaline masks pain, and many crash-related injuries do not produce symptoms until hours or days after impact. Whiplash, herniated discs, internal bleeding, and mild traumatic brain injuries are all common after car wrecks, yet victims frequently walk away from the scene believing they escaped unharmed. A medical professional can detect hidden injuries early, begin treatment, and create documentation that ties your condition directly to the collision. If you delay treatment, the insurance company will argue that your injuries either did not happen in the accident or are not as serious as you claim.

Notify Your Insurance Company

Report the accident to your own insurance carrier as soon as possible. Most policies require prompt notification, and waiting too long can give the insurer grounds to delay or deny your claim. Stick to the basic facts when you call: when and where the crash occurred, the other driver’s information, and the police report number. Do not speculate about who was at fault and do not provide a detailed recorded statement before speaking with a lawyer. Even your own insurer’s goal is to limit payouts, and anything you say during that first call can be used against you later.

If anyone suffered injuries or the total vehicle damage exceeds $1,000, Texas Transportation Code Section 550.062 requires you to file a written crash report with the Texas Department of Transportation within ten days. Failing to file can result in the suspension of your driver’s license.

What You Should Never Do After a Car Accident

Knowing what not to do is just as important as knowing the right steps. Our lawyers have seen cases damaged by a single careless statement or a document signed without legal guidance. Keep these rules in mind at the scene and in the days that follow.

Do not argue with the other driver or passengers. Tempers run high after a wreck, but confrontations accomplish nothing and can be used against you. Save your account of what happened for the police and for your lawyers. Do not apologize or make any statement that could be interpreted as admitting fault. Even a well-meaning “I’m sorry” can be twisted by an insurance adjuster into a liability admission.

Do not sign any statement regarding fault or any promise to pay for damage at the scene. If the other driver offers to pay your deductible or settle things without involving insurance, do not sign anything releasing that person from further responsibility. By releasing the other party, you could destroy your insurance company’s right to pursue reimbursement through subrogation, and your carrier may refuse to cover the damage to your vehicle as a result.

Do not post about the accident on social media. Insurance companies routinely monitor claimants’ online activity, and a photo of you at a family barbecue the weekend after your wreck can be used to argue that your injuries are not as severe as your medical records suggest. Keep your case off the internet entirely until it is resolved.

Call Our Lawyers Before You Talk to Theirs

The other driver’s insurance company may contact you within days of the accident, sounding friendly and asking for a recorded statement. Do not take the bait. That adjuster works for the insurer, not for you, and every word you say will be scrutinized for anything that can reduce your settlement. Politely decline the recorded statement and direct the adjuster to your lawyers at J.A. Davis Injury Lawyers.

We offer free consultations and handle car accident cases on a contingency fee basis, which means you pay us nothing unless we recover compensation for you. Call our San Antonio office at 210-732-1062 or our McAllen office at 956-994-0565 and let us start building your case while the evidence is fresh and the witnesses still remember what they saw.