Being in a car accident is terrifying. In the moments after a crash your mind is racing — but what you do in the next few hours can make or break your legal claim. This guide walks you through every step you need to take to protect yourself and maximize your compensation.
The moments after a car accident are chaotic and stressful. Here's exactly what to do in order:
Check yourself and all passengers for injuries. Call 911 immediately — both for medical assistance and to get a police report filed. In Texas, you are legally required to report accidents involving injury, death, or property damage over $1,000.
If your vehicle is drivable and it's safe to do so, move it to the shoulder or a nearby parking lot to avoid further accidents. Turn on your hazard lights immediately.
Get the other driver's full name, phone number, address, driver's license number, license plate number, insurance company name, and policy number. Give them your information as well.
Even if you think you may have contributed to the accident — do not say "I'm sorry" or admit any fault at the scene. These statements can be used against you later. Let the investigation determine fault.
Get the names and phone numbers of any witnesses to the accident. Independent witness testimony can be extremely valuable in proving liability especially in disputed cases.
When police arrive, give them an accurate account of what happened. Get the officer's name and badge number and ask how to obtain a copy of the police report — you will need this for your insurance claim and any legal action.
Documentation is everything in a car accident claim. Use your phone to capture as much evidence as possible before leaving the scene.
Take photos of: all vehicles involved from multiple angles, damage close-ups, the overall accident scene, road conditions, traffic signs and signals, skid marks, debris, your injuries, and the other driver's license plate and insurance card.
Turn on location services on your phone before taking photos — this embeds GPS coordinates and timestamps in the image metadata, which can be valuable evidence later.
Even if you feel fine immediately after an accident — see a doctor within 24-48 hours. This is one of the most important things you can do for both your health and your legal claim.
Many serious injuries from car accidents — including whiplash, concussions, and internal injuries — do not show symptoms immediately. Adrenaline masks pain. Insurance companies will argue that if you didn't seek immediate medical treatment, you weren't seriously injured.
Delaying medical treatment is the single biggest mistake injury victims make. Insurance companies use gaps in medical treatment to argue your injuries were not serious or were caused by something other than the accident. See a doctor immediately even if you feel okay.
Insurance companies are not on your side — even your own. Their adjusters are trained to minimize payouts and settle claims for as little as possible.
Do not give recorded statements to any insurance company without consulting an attorney first. Do not accept the first settlement offer — it is almost always far below what your claim is worth. Do not sign any releases or waivers without having an attorney review them.
Notify your own insurance company of the accident — this is typically required by your policy. But you can simply report the facts without giving a recorded statement. Then contact an attorney before doing anything else.
Texas follows a modified comparative fault system. This means you can recover compensation even if you were partially at fault for the accident — as long as you were less than 51% responsible.
Under Texas law, you may be entitled to compensation for:
You should contact a personal injury attorney as soon as possible after a car accident — especially if:
You or anyone was injured • The accident involved a commercial truck or company vehicle • Liability is disputed • Your damages exceed $10,000 • You've been contacted by insurance adjusters • You were offered a quick settlement • The other driver was uninsured or underinsured • A government vehicle was involved
Studies consistently show that accident victims who hire an attorney recover 3 to 4 times more compensation than those who handle claims on their own — even after attorney fees. And since personal injury attorneys work on contingency, it costs you nothing to get representation.