What to Do After a Car Accident in Texas — Step-by-Step Guide

Being involved in a car accident in Texas is disorienting, painful, and frightening. The decisions you make in the minutes, hours, and days after a crash directly affect your health, your safety, and your legal right to compensation. This guide explains exactly what to do — and what to avoid — after a car accident anywhere in Texas, including McAllen and the Rio Grande Valley.

Attorney Chris Sanchez is a personal injury lawyer based in McAllen, Texas, who has represented car accident victims across the Rio Grande Valley, San Antonio, Houston, and statewide since 2014. The Law Office of Chris Sanchez P.C. can be reached at (956) 616-2020 for a free consultation.

Step 1: Check for Injuries and Call 911

Your first priority is always safety. Check yourself and your passengers for injuries before anything else. If anyone is injured — or if there is significant property damage — call 911 immediately. Texas law requires you to report any crash that results in injury, death, or property damage exceeding $1,000 under Texas Transportation Code § 550.026. Do not leave the scene of an accident that involves injuries or death.

If your vehicle is drivable and it is safe to do so, move it to the shoulder or a nearby parking lot to prevent additional collisions. Turn on your hazard lights.

Step 2: Get Medical Attention — Even If You Feel Fine

This is the step most people skip — and it is one of the most costly mistakes in a personal injury claim. Adrenaline and shock can mask serious injuries for hours or even days after a crash. Whiplash, soft tissue damage, internal bleeding, and traumatic brain injuries often have delayed symptoms. Seeing a doctor immediately after the accident creates an official medical record linking your injuries to the crash. Insurance companies and defense attorneys will argue that a gap in treatment means you were not seriously hurt. Do not give them that argument.

Step 3: Document the Scene Before You Leave

If you are physically able, use your phone to document everything before vehicles are moved or the scene changes:

• Photos of all vehicles — every angle, all damage
• Photos of the final resting positions of each vehicle
• Photos of skid marks, debris, and road conditions
• Photos of any visible injuries
• Photos of street signs, traffic controls, and the intersection or roadway
• Video walkthrough of the full scene

This evidence is often the difference between a strong claim and a disputed one. Once vehicles are removed, that evidence is gone.

Step 4: Exchange Information — But Do Not Admit Fault

Exchange the following with all other drivers involved:

• Full legal name and contact information
• Driver’s license number
• License plate number
• Insurance company name and policy number
• Vehicle make, model, and year

Do not apologize, say “I’m sorry,” or make any statement about fault — even informally. Under Texas’s modified comparative fault rule (Texas Civil Practice and Remedies Code Chapter 33), any admission can be used to reduce your compensation or bar your recovery entirely if your fault percentage exceeds 50%.

Step 5: Get Witness Information

Independent witnesses are among the most valuable evidence in a contested liability claim. If bystanders saw the crash, ask for their names and phone numbers before they leave. You do not need a formal statement — just contact information. Your attorney can follow up later.

Step 6: File a Police Report

If officers respond to the scene, a police report will be generated automatically. If no officer responds — common in minor crashes — you can file a Texas Driver’s Crash Report (Form CR-2) online through the Texas Department of Transportation (TxDOT) within 10 days of the crash. The crash report is often the foundation of your insurance claim and any future lawsuit. Request a copy as soon as it becomes available.

Step 7: Notify Your Insurance Company

Report the accident to your own insurance company promptly, even if the other driver was at fault. Texas is a fault state — the at-fault driver’s liability insurance pays your damages — but your own insurer needs to know about the crash. Review your policy for uninsured/underinsured motorist coverage, which is critical in the Rio Grande Valley, where approximately 1 in 5 Hidalgo County drivers carry no insurance.

Step 8: Do Not Speak to the Other Driver’s Insurance Company Without an Attorney

This is critical. The other driver’s insurance adjuster is not on your side. Their job is to minimize your claim. They may call you within hours of the crash, while you are still in shock, and ask for a recorded statement. You are not required to give one. Politely decline and state that your attorney will be in contact. Anything you say in a recorded statement can be used to reduce your settlement.

Step 9: Keep Records of Everything

From the day of the crash forward, keep a dedicated file — physical or digital — with:

• All medical records, bills, and prescription receipts
• Documentation of every missed day of work
• Photos of injuries as they evolve over time
• A daily pain journal — brief notes on your pain level, limitations, and how the injury affects daily life
• All correspondence with insurance companies
• Repair estimates and rental car receipts

These records directly calculate the value of your claim. Non-economic damages like pain and suffering are harder to prove without contemporaneous documentation.

Step 10: Contact a Texas Car Accident Attorney

Texas gives you two years from the date of the accident to file a personal injury lawsuit under Texas Civil Practice and Remedies Code § 16.003. While two years sounds like a long time, critical evidence disappears quickly — dashcam footage overwrites, witnesses forget details, and physical evidence degrades. The sooner you involve an attorney, the stronger your case.

Attorney Chris Sanchez of the Law Office of Chris Sanchez P.C. handles car accident cases throughout Texas on a contingency fee basis — you pay nothing unless compensation is recovered. Call (956) 616-2020 or contact the firm online for a free case evaluation.

Frequently Asked Questions — Car Accidents in Texas

What is the statute of limitations for a car accident claim in Texas?

The statute of limitations for car accident personal injury claims in Texas is two years from the date of the accident under Texas Civil Practice and Remedies Code § 16.003. For property damage claims, the same two-year deadline applies. If the injured person is a minor, the clock starts on their 18th birthday. Claims against government entities (city buses, TxDOT vehicles) have shorter notice deadlines — sometimes as little as six months.

Do I have to accept the insurance company’s first offer after a Texas car accident?

No. You are never required to accept an insurance company’s first settlement offer. Initial offers are almost always lower than the full value of your claim. Once you sign a release, you permanently give up your right to seek additional compensation — even if you discover new injuries later. Consult with a Texas car accident attorney before signing anything. The Law Office of Chris Sanchez offers free consultations to review any offer.

Can I still recover compensation if I was partly at fault for the accident in Texas?

Yes, under Texas’s modified comparative fault rule (Texas Civil Practice and Remedies Code Chapter 33). You can recover compensation as long as you are not more than 50% at fault. Your damages are reduced by your percentage of fault. For example, if you are 25% at fault and your total damages are $100,000, you recover $75,000. If you are 51% or more at fault, you cannot recover anything. Insurance companies routinely try to inflate the victim’s fault percentage — an experienced attorney can counter this.

What damages can I recover after a car accident in Texas?

Texas car accident victims can recover economic damages (past and future medical bills, lost wages, loss of earning capacity, property damage) and non-economic damages (pain and suffering, mental anguish, disfigurement, loss of enjoyment of life). In cases involving gross negligence — such as a drunk driver — exemplary (punitive) damages may also be available under Texas Civil Practice and Remedies Code § 41.003. The value of your claim depends on injury severity, clarity of liability, and the at-fault driver’s insurance coverage.

What should I do if the other driver has no insurance in Texas?

Texas has a high uninsured motorist rate — in Hidalgo County, roughly 1 in 5 drivers carries no liability insurance. If you are hit by an uninsured driver, you may be able to recover through your own uninsured motorist (UM) coverage or underinsured motorist (UIM) coverage if you carry it. You may also be able to sue the at-fault driver directly, though collecting on a judgment against an uninsured driver can be difficult. An attorney can help you identify all available sources of recovery.

How much does a car accident lawyer cost in McAllen, Texas?

The Law Office of Chris Sanchez handles car accident cases on a contingency fee basis. There are no upfront fees. The attorney fee is a percentage of the settlement or verdict — typically 33% if the case settles before a lawsuit is filed, and up to 40% if litigation is required. If no compensation is recovered, there is no attorney fee. This means injured Texans can access experienced legal representation with no financial risk.