Car accidents happen fast. In the moments afterward, it is easy to feel overwhelmed, frustrated, or unsure about what to do next. But the actions you take immediately after a crash can significantly affect your health, your insurance claim, and any future legal case.
At ME Law, we help injured Texans navigate the aftermath of serious auto accidents throughout Austin and Central Texas. If you have been involved in a collision, here are the most important steps to take.
1. Call 911 and Report the Accident
If anyone is injured—or if there is significant property damage—you should contact law enforcement immediately. In Texas, a police report can become critical evidence later when dealing with insurance companies or proving fault.
When speaking with officers:
- Stick to the facts.
- Do not speculate about fault.
- Make sure your version of events is accurately documented.
If emergency medical services are offered, accept evaluation even if you feel “fine.” Many injuries, including concussions, whiplash, and soft tissue injuries, do not fully appear until hours or days later.
2. Move to Safety if Possible
If your vehicle can be moved safely, get out of active traffic lanes. Turn on hazard lights and remain cautious of surrounding traffic.
Safety should always come first. Avoid standing between vehicles or near moving traffic while exchanging information or taking photos.
3. Exchange Information
Obtain:
- Driver’s license information
- Insurance information
- License plate numbers
- Vehicle descriptions
- Contact information for all drivers involved
If there are witnesses nearby, try to get their names and phone numbers as well. Independent witnesses can become extremely important if liability is disputed later.
4. Document the Scene
Use your phone to take photographs and videos of:
- Vehicle damage
- The surrounding roadway
- Traffic signals or signs
- Skid marks
- Debris
- Visible injuries
- Weather or road conditions
The more documentation you have, the harder it becomes for insurance companies to dispute what happened.
5. Seek Medical Attention Promptly
One of the biggest mistakes people make after an accident is delaying treatment.
Insurance adjusters often argue that gaps in treatment mean the injuries were not serious or were unrelated to the collision. Even if your injuries initially seem minor, it is important to get evaluated by a medical professional as soon as possible.
Common accident injuries include:
- Neck and back injuries
- Concussions
- Herniated discs
- Shoulder injuries
- Knee injuries
- Soft tissue damage
- Head trauma
Keep records of all medical visits, prescriptions, imaging, and treatment recommendations.
6. Be Careful Speaking With Insurance Adjusters
Shortly after a crash, the other driver’s insurance company may contact you requesting a recorded statement.
You are generally not required to provide a recorded statement to the other driver’s insurer, and doing so too early can hurt your claim. Insurance companies are trained to look for statements they can later use to minimize or deny compensation.
Be cautious about:
- Admitting fault
- Downplaying injuries
- Guessing about what happened
- Accepting quick settlement offers
Early settlement offers are often far lower than the true value of a claim—especially before the full extent of injuries is known.
7. Understand Texas Comparative Fault Rules
Texas follows a modified comparative fault system. Under Texas law, an injured person may recover damages so long as they are not more than 50% responsible for the accident.
However, any percentage of fault assigned to you can reduce your recovery.
For example:
- A $100,000 recovery becomes $80,000 if you are found 20% at fault.
Because of this, insurance companies frequently try to shift blame onto injured drivers to reduce payouts.
8. Preserve Evidence
Do not:
- Repair your vehicle immediately without documentation
- Delete photos or videos
- Throw away damaged personal property
- Ignore medical recommendations
Preserving evidence early can make a major difference if litigation becomes necessary later.
9. Know the Texas Deadline to File a Lawsuit
In most Texas car accident cases, the statute of limitations is two years from the date of the accident. Missing that deadline can permanently bar recovery.
However, certain claims and circumstances may involve shorter deadlines or additional notice requirements, especially if a government vehicle is involved.
10. Speak With an Attorney Early
Not every accident requires a lawsuit. But serious injury cases often involve:
- disputed liability,
- lowball settlement tactics,
- delayed treatment arguments,
- pre-existing condition defenses,
- and complex insurance issues.
An experienced attorney can help preserve evidence, coordinate treatment documentation, negotiate with insurers, and determine the true value of a claim before settlement discussions begin.
At ME Law, we represent injured Texans in car accident and personal injury cases throughout Austin and Central Texas. If you were injured in an accident and have questions about your rights, contact our office for a free consultation. (ME Law, PLLC).
