Car Accidents in Texas: What to Do and How to Protect Your Rights
David K. Wilson & Associates
May 2, 2024
Car accidents can be traumatic and overwhelming, leaving victims with serious injuries and financial burdens. Knowing what steps to take immediately after a car accident in Texas can protect your rights and help secure the compensation you deserve. This post will provide a detailed guide on what to do following a car accident and how to navigate the legal process.
Immediate Steps After a Car Accident
- Ensure Safety: Move to a safe location if possible and check for injuries. Your first priority should always be the safety of yourself and others involved.
- Call 911: Report the accident to the police and request medical assistance if needed. A police report will be an essential piece of documentation for your claim.
- Exchange Information: Collect contact and insurance information from all parties involved. This includes names, phone numbers, addresses, driver’s license numbers, and vehicle registration numbers.
- Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries. This visual evidence can be crucial for proving fault and the extent of damages.
- Gather Witness Information: Collect contact details from any witnesses to the accident. Their statements can support your version of events.
Seeking Medical Attention
Even if you feel fine, seek medical attention as some injuries may not be immediately apparent. Injuries such as whiplash, internal bleeding, or concussions might not show symptoms right away but can have serious long-term effects.
Reporting the Accident
- File a Police Report: Ensure a police report is filed, which will be crucial for your claim. Be sure to get a copy of this report.
- Notify Your Insurance Company: Report the accident to your insurance provider promptly. Provide them with all necessary information and documentation.
Understanding Texas Car Accident Laws
- Fault-Based System: Texas follows a fault-based system, meaning the at-fault party’s insurance is responsible for damages. This system requires proving the other driver’s negligence.
- Comparative Negligence:
Texas uses a modified comparative negligence rule, allowing you to recover damages if you are less than 51% at fault for the accident. Your compensation will be reduced by your percentage of fault.
Filing a Car Accident Claim
- Gather Documentation: Collect all relevant documents, including the police report, medical records, and evidence from the accident scene.
- Calculate Damages: Include medical expenses, lost wages, property damage, and pain and suffering in your claim.
- Consult a Car Accident Attorney: An attorney can help you navigate the claims process and negotiate with insurance companies to ensure you receive fair compensation.
Dealing with Insurance Companies
Insurance adjusters may try to minimize your claim. A car accident attorney can:
- Communicate with Insurers: Handling all interactions to protect your interests and prevent you from making statements that could harm your case.
- Negotiate Settlements: Seeking fair compensation through negotiations with insurance companies, ensuring all your damages are considered.
- Represent You in Court: If a fair settlement cannot be reached, your attorney can file a lawsuit and represent you in court to secure the compensation you deserve.
Knowing what steps to take after a car accident in Texas is crucial for protecting your rights and securing fair compensation. Consulting with a car accident attorney can help you navigate the legal process and ensure you receive the support you need to recover. By being proactive and informed, you can significantly improve your chances of a successful outcome.


