If you were injured in a car accident in Texas, you may be entitled to compensation for medical bills, lost income, and pain and suffering. A Texas car accident lawyer can handle the insurance company, protect your claim, and fight for the full value of your case.
What Should You Do After a Car Accident in Texas?
After a car accident in Texas, you should take six steps to protect your health and your claim:
- Call 911 if anyone is injured or if there is significant property damage
- Move to a safe location if your vehicle can be driven
- Exchange names, insurance information, and license plate numbers, but do not admit fault
- Take photos of the vehicles, the scene, road conditions, and any visible injuries
- Get medical attention the same day, even if you feel fine
- Do not give a recorded statement to the other driver’s insurance company
If you were injured, contact a Texas car accident lawyer before speaking with any insurance adjuster. Anything you say early in the process can be used to reduce your settlement.
Do You Have to Call the Police After a Car Accident in Texas?
Yes, in most cases. Texas law requires drivers to report any accident that causes injury, death, or apparent property damage of $1,000 or more. A police report creates an official record of the crash and is one of the most important pieces of evidence in your claim.
Should You Go to the Doctor After a Minor Accident?
Yes. Adrenaline can mask injuries for hours or even days after a crash. Soft tissue injuries, concussions, and internal injuries often do not show symptoms right away. Getting checked the same day creates the medical record that ties your injuries to the accident — without it, the insurance company will argue your injuries came from something else.
What If the Other Driver Doesn’t Have Insurance?
If the other driver is uninsured, you may still recover compensation through your own uninsured motorist (UM) coverage. Texas insurers are required to offer UM/UIM coverage on every policy, and unless you rejected it in writing, you likely have it. This coverage pays for medical bills, lost wages, and pain and suffering when the at-fault driver can’t.
What Should You Say to the Other Driver?
Keep it short. Exchange insurance information, license plate numbers, and contact details. Do not apologize, do not say “I’m fine,” and do not discuss who caused the crash. Statements made at the scene are routinely used by insurance adjusters to argue fault or minimize injuries.
How Much Is a Car Accident Case Worth in Texas?
The value of a Texas car accident case depends on the severity of your injuries, your total medical costs, lost income, the long-term impact of the injury, and the strength of the evidence proving fault. Minor cases may settle for a few thousand dollars. Cases involving serious injuries, surgery, or permanent impairment can be worth hundreds of thousands or more.
What Damages Can You Recover After a Car Accident in Texas?
In Texas, you can recover three categories of damages after a car accident:
- Economic damages — medical bills, future medical care, lost wages, lost earning capacity, and property damage
- Non-economic damages — pain and suffering, mental anguish, disfigurement, and loss of enjoyment of life
- Punitive damages — in rare cases involving gross negligence, such as a drunk driver
Texas does not cap economic or non-economic damages in most car accident cases. Punitive damages are capped under Texas Civil Practice and Remedies Code § 41.008.
What Factors Increase the Value of a Car Accident Claim?
Five factors tend to increase case value the most: the severity of the injury, the length and cost of medical treatment, whether the injury is permanent, the amount of lost income, and how clearly the other driver was at fault. Cases with strong documentation almost always settle for more than cases without it.
How Do Insurance Companies Try to Reduce Your Claim?
Insurance companies reduce claims using a predictable set of tactics. Their job is not to pay you fairly — it is to close your file for as little as possible.
The most common tactics include:
- Requesting a recorded statement before you understand the full extent of your injuries
- Offering a fast, low settlement within days of the crash
- Asking for a blanket medical authorization to dig through unrelated records
- Blaming you for part or all of the accident to trigger Texas’s comparative fault rule
- Delaying responses so you become financially desperate and accept less
Should You Talk to the Other Driver’s Insurance Company?
No. You are not required to give a recorded statement to the other driver’s insurance company, and doing so almost always hurts your claim. Adjusters are trained to ask questions designed to lock in answers they can use against you later. Let your attorney handle all communication with the other side’s insurer.
Should You Accept the First Settlement Offer?
No. The first offer is almost always significantly lower than what your case is worth. Insurance companies make low initial offers hoping you’ll accept before you know the full cost of your medical treatment or before you’ve spoken with a lawyer.
Common Mistakes People Make After a Car Accident
The biggest mistakes after a car accident are the ones that happen in the first 72 hours. The five most damaging are:
- Talking to the other driver’s insurance company too soon — recorded statements get used against you
- Skipping or delaying medical care — gaps in treatment let insurers argue you weren’t really hurt
- Posting on social media — photos and posts get pulled into the case to contradict your injuries
- Accepting a quick settlement — once you sign, the case is closed even if your injuries get worse
- Trying to handle the claim alone when injuries are serious — represented claimants typically recover significantly more than unrepresented ones
Who Is at Fault in a Texas Car Accident?
Fault in a Texas car accident is determined by who was negligent — meaning who failed to use reasonable care and caused the crash. Liability can fall on another driver, multiple drivers, an employer (if the at-fault driver was on the job), a vehicle manufacturer (in defect cases), or a government entity (in road maintenance cases).
What If You Were Partially at Fault?
You can still recover compensation in Texas if you were partially at fault, as long as you were not more than 50% responsible. This is called modified comparative fault under Texas Civil Practice and Remedies Code § 33.001. Your recovery is reduced by your percentage of fault — so if you were 20% at fault on a $100,000 case, you’d recover $80,000. If you’re 51% or more at fault, you recover nothing.
How Is Fault Proven in a Texas Car Accident?
Fault is proven through a combination of evidence: the police report, photos and video, witness statements, traffic camera or dashcam footage, vehicle damage analysis, and sometimes accident reconstruction experts. The party with the stronger evidence almost always controls the outcome.
Common Types of Car Accidents in Texas
Different types of crashes involve different liability patterns and different injuries. The most common include:
- Rear-end accidents — the rear driver is presumed at fault in most cases
- T-bone (intersection) accidents — fault usually turns on who had the right of way
- Head-on collisions — often the most catastrophic and frequently involve impaired or wrong-way drivers
- Sideswipe accidents — typically caused by improper lane changes
- Multi-vehicle pileups — fault may be shared across several drivers
- Hit-and-run accidents — recovery often comes through your own UM coverage
- Rideshare (Uber/Lyft) accidents — coverage depends on the driver’s app status at the moment of the crash
Common Car Accident Injuries
Car accident injuries range from soft tissue strains to permanent, life-changing trauma. The most common include:
- Whiplash and other neck and back injuries
- Concussions and traumatic brain injuries (TBI)
- Herniated and bulging discs
- Broken bones and fractures
- Internal organ damage and internal bleeding
- Spinal cord injuries
- Lacerations and scarring
Some injuries — particularly concussions, soft tissue injuries, and internal damage — can take days or even weeks to fully present. This is why same-day medical evaluation matters so much.
How Long Does a Car Accident Claim Take in Texas?
Most Texas car accident claims resolve in three to twelve months, though serious injury cases can take a year or longer. The timeline depends on how long your medical treatment lasts, whether liability is disputed, the size of the policy, and how cooperative the insurance company is. Claims should not be settled until you’ve reached maximum medical improvement — the point where your doctor can fully document your injuries and any permanent impacts.
Is There a Deadline to File a Car Accident Claim in Texas?
Yes. Texas has a two-year statute of limitations for personal injury claims under Texas Civil Practice and Remedies Code § 16.003. If you don’t file a lawsuit within two years of the accident, you generally lose the right to recover anything. Some exceptions exist (claims against government entities have shorter deadlines), so it’s important to act quickly.
When Should You Hire a Texas Car Accident Lawyer?
You should hire a Texas car accident lawyer as soon as possible if you were injured, fault is being disputed, the insurance company is pressuring you, or you’re being blamed for the crash. Studies have consistently shown that represented claimants recover significantly more on average than those who handle their claims alone — even after attorney fees.
A car accident lawyer handles five things you shouldn’t have to handle while you’re recovering:
- All communication with the insurance company
- Gathering evidence, medical records, and expert opinions
- Calculating the full value of your damages, including future costs
- Negotiating the settlement
- Filing a lawsuit if the insurance company won’t pay fairly
Why Choose Amaro Law Firm?
Amaro Law Firm has represented seriously injured Texans for over a decade, with offices across Houston, Dallas, Austin, San Antonio, Sugar Land, Katy, The Woodlands, and Lakeway. Our attorneys have been recognized by Super Lawyers, National Trial Lawyers, and Texas Monthly, and we work on a contingency fee basis — you pay nothing unless we recover compensation for you. Consultations are always free.
Frequently Asked Questions
What should you do right after a car accident? Get medical care, call the police, document the scene, exchange information with the other driver, and avoid giving a recorded statement to any insurance company before speaking with a lawyer.
Should you talk to the other driver’s insurance company? No. You are not required to give a recorded statement to the other driver’s insurance company, and doing so almost always hurts your claim.
What if you were partially at fault for the accident? You can still recover compensation in Texas as long as you were not more than 50% at fault. Your recovery is reduced by your percentage of fault.
How much is a car accident case worth in Texas? The value depends on the severity of your injuries, total medical costs, lost income, long-term impact, and the strength of the evidence proving fault.
How long do car accident claims take in Texas? Most claims resolve in three to twelve months. Serious injury cases involving disputed liability can take a year or longer.
Is there a deadline to file a car accident claim in Texas? Yes. Texas has a two-year statute of limitations for personal injury claims.
When should you contact a lawyer after a car accident? As soon as possible — especially if you were injured, fault is unclear, the insurance company is pressuring you, or you’re being blamed for the crash.