After a car accident, the seven most important steps are calling 911, documenting the scene, avoiding any admission of fault, seeking immediate medical attention, reporting to your insurer carefully, keeping a full record of your losses, and speaking with a car accident injury lawyer in Texas before accepting any settlement. What you say and do in the hours after a crash directly affects what you can recover, and insurance companies begin building their case against you immediately.
If you are reading this after a crash, you are probably shaken, unsure of what comes next, and wondering whether you need a car accident injury lawyer in Texas. You are also likely already dealing with calls from an insurance adjuster who is not on your side.
That is exactly where the Houston personal injury attorneys at McLaurin Law come in. Jason McLaurin spent years on the insurance side before switching to represent people like you, which means he knows exactly how insurers build their case against your claim and how to stop them.
These seven steps will help you protect your claim from the start.
1. Check for Injuries and Call 911
Your safety comes first. Check yourself and any passengers for injuries before anything else. Call 911 immediately, even if the accident seems minor. A police report creates an official record of the crash that your insurance company and any future legal proceedings will rely on heavily.
Do not assume you are uninjured simply because you feel fine at the scene. Injuries like whiplash, concussions, and soft tissue damage often do not show symptoms until hours or days later. Telling the responding officer you are not hurt when you are not sure can be used against you later.
2. Document Everything at the Scene
While you are waiting for the police to arrive, document as much as you can. Take photos and video of all vehicles involved, the point of impact, road conditions, traffic signals, skid marks, and any visible injuries. Get the other driver’s name, license plate, insurance information, and driver’s license number.
If there are witnesses, ask for their names and contact information. Witness accounts are often critical in disputed liability cases where one driver denies fault. The more documentation you have from the scene, the harder it is for the other party’s insurer to rewrite what happened.
3. Do Not Admit Fault at the Scene
This is one of the most damaging mistakes Texas accident victims make. Do not apologize, speculate about what caused the crash, or say anything that could be interpreted as accepting responsibility. Even saying “I did not see you” can be used as an admission of fault.
Texas follows a modified comparative fault rule, which means your compensation can be reduced by your percentage of fault in the accident, and if you are found more than 50 percent at fault, you may be barred from recovering anything at all.
If you are unsure how fault is being assessed in your case, McLaurin Law’s Houston car accident attorneys can review the facts and protect your position before you speak with any insurance adjuster.
4. Seek Medical Attention Immediately
Go to the emergency room or an urgent care clinic as soon as possible after the accident, even if you feel fine. A medical evaluation creates a record that connects your injuries to the crash. If you wait days or weeks to see a doctor, the insurance company will argue that your injuries were caused by something else or that they are not as serious as you claim.
Texas law does not set a specific deadline for seeking medical treatment, but gaps in your medical record are one of the most common tools insurers use to reduce or deny personal injury claims. The sooner you are evaluated, the stronger your record.
5. Report the Accident to Your Insurance Company
Texas law does not set a specific deadline for notifying your own insurer after a car accident. That deadline is set by your individual policy, which typically requires you to report promptly or as soon as practicable. Check your policy for the exact language.
What matters most here is what you say when you report, not just when. Notify your insurer that the accident occurred, but do not accept any settlement or give a recorded statement before you have spoken with an attorney.
Insurance adjusters are trained to ask questions in ways that minimize your claim. A statement you make in the hours after an accident, when you are shaken and may not yet know the full extent of your injuries, can be used to undercut your case later.
6. Keep a Record of Everything After the Accident
Start a file from day one and keep everything related to the accident in one place. This includes the police report, all medical records and bills, receipts for out-of-pocket expenses, correspondence with insurance companies, and a personal journal documenting how your injuries are affecting your daily life.
Lost wages are recoverable in Texas car accident cases as economic damages under Texas Civil Practice and Remedies Code Section 41.001, which covers actual financial losses, including loss of income and earning capacity.
That recovery depends on what you can prove, so document any work you missed and ask your employer for written confirmation of lost income. The stronger your paper trail, the harder it is for the other party’s insurer to dispute what you lost.
7. Speak With a Car Accident Attorney Before Settling
Insurance companies move quickly after an accident. They may contact you within days with a settlement offer that sounds reasonable but is far less than what your claim is actually worth. Once you accept a settlement and sign a release, you generally cannot go back for more (even if your injuries turn out to be more serious than you initially realized).
Texas has a two-year statute of limitations for personal injury claims, which means you have two years from the date of the accident to file a lawsuit. Do not let that deadline or pressure from an insurer push you into a decision before you understand what your case is worth.
Jason McLaurin can review your case and give you a clear picture of your options before you sign anything. Contact McLaurin Law to discuss your car accident claim today.
Frequently Asked Questions About What to Do After a Car Accident
1. What should I do immediately after a car accident in Texas?
Call 911, check for injuries, and stay at the scene. Once it is safe to do so, document everything, including photos of the vehicles, road conditions, and any visible injuries. Get the other driver’s insurance and license information. Do not admit fault or apologize, even casually. The steps you take in the first few minutes after a crash directly affect your ability to recover compensation.
2. Do I need a police report after a car accident in Texas?
Yes. A police report creates an official record of the crash that insurance companies and courts rely on heavily. Call 911 even if the accident seems minor. Texas law requires you to report an accident that results in injury, death, or property damage above a certain threshold, but regardless of the legal requirement, a police report protects your claim. Without one, the other driver can dispute what happened, and your insurer has less to work with.
3. What if I feel fine after the accident? Do I still need to see a doctor?
Yes. Injuries like whiplash, concussions, and soft tissue damage often do not show symptoms until hours or days after a crash. If you wait to seek medical attention, the insurance company will argue that your injuries were caused by something else or are not as serious as you claim. Getting evaluated immediately creates a medical record that connects your injuries to the accident, which is one of the most important pieces of evidence in a personal injury claim.
4. How long do I have to file a car accident lawsuit in Texas?
You have two years from the date of the accident to file a personal injury lawsuit. Missing that deadline means giving up your right to sue, regardless of how strong your case is. Do not wait until you are close to the deadline to speak with an attorney, as building a strong claim takes time.
5. Should I give a recorded statement to the insurance company after a car accident?
Not before speaking with an attorney. Insurance adjusters are trained to ask questions in ways that minimize your claim. A recorded statement made in the hours or days after a crash, when you are shaken and may not yet know the full extent of your injuries, can be used against you later. Notify your insurer that the accident occurred, but decline to give a recorded statement until you have legal representation.
6. What if the other driver was uninsured?
Texas requires drivers to carry minimum liability insurance, but uninsured drivers are common on Houston roads. If the at-fault driver has no insurance, you may be able to recover through your own uninsured motorist coverage, if your policy includes it. Texas law does not require insurers to include uninsured motorist coverage, but they must offer it. You can contact your insurer to confirm what coverage you have.
7. Can I still recover compensation if I was partly at fault for the accident?
Possibly. Texas follows a modified comparative fault rule, which means your compensation is reduced by your percentage of fault. If you are found more than 50 percent at fault, you cannot recover damages. Your percentage of fault is usually what gets disputed, which is why having an attorney involved early matters.
8. How much is my car accident case worth in Texas?
Every case is different, and no attorney can guarantee a specific outcome. Texas allows recovery of economic damages, including medical bills, lost wages, and future loss of earning capacity, as well as non-economic damages such as pain and suffering. The best way to understand what your case may be worth is to speak with an attorney who can review the specific facts.
