What to Do After a Car Accident in Texas: Your Complete Checklist

QUICK SUMMARY — After an accident in Texas:
1. Check for injuries and call 911
2. Move to safety if possible
3. Exchange information with the other driver
4. Document the scene thoroughly
5. File a police report (required if $1,000+ damage)
6. Report to TxDOT within 10 days using the CR-2 form if no officer responded
7. Notify your insurance company
8. Seek medical attention — even if you feel fine
9. Understand your rights under Texas’s modified 51% fault rule

Texas records roughly 550,000 crashes per year — more than any other state. If you have just been in a crash on a Texas road, the steps you take in the next few hours and days will directly affect your ability to recover compensation. This checklist walks you through every action in order, with references to the Texas statutes that apply to your situation.

Step 1 — Check for Injuries and Call 911

Your safety comes first. Before thinking about insurance or fault:

Check yourself for injuries — run your hands over your body and note any pain or numbness
Check your passengers — ask each person if they are hurt
Call 911 if anyone is injured, even if injuries seem minor
If someone is seriously injured, do not move them unless there is an immediate danger such as fire or oncoming traffic
If 911 dispatches an ambulance, stay on the line and follow their instructions

Texas Legal Requirements at the Scene

Under Texas Transportation Code § 550.021, every driver involved in an accident resulting in injury or death must:

Stop at the scene immediately
Render reasonable assistance to anyone injured, including calling for emergency medical services
Remain at the scene until law enforcement arrives (for injury accidents)

Leaving the scene of an accident with injuries is a felony in Texas. Even leaving the scene of a property-damage-only accident is a misdemeanor under § 550.022.

Step 2 — Move to a Safe Location

If the vehicles are drivable and it is safe to do so:

Move vehicles to the shoulder or a nearby parking lot
Turn on hazard lights immediately
Set up warning triangles or flares if you have them — Texas highways can have speed limits of 75-85 mph, and approaching drivers may not see you
Stay out of traffic lanes at all times

If vehicles cannot be moved, stay inside with your seatbelt on until help arrives, unless there is a fire or other immediate danger. Texas roadways carry heavy truck traffic, and standing on the shoulder of an interstate is extremely dangerous.

Under Texas Transportation Code § 550.024, you are required to move your vehicle from the main lanes if the accident results in only vehicle damage and your car is still operable. Failure to do so can result in a fine.

Step 3 — Exchange Information

Collect the following from every other driver involved:

Full name and contact information (phone number, address)
Driver’s license number and state of issuance
Insurance company name and policy number
License plate number and state
Vehicle make, model, year, and color

Also get information from any witnesses:

Name and phone number
What they observed — ask them to describe what they saw in their own words
Where they were positioned when the accident happened

What to Say (and What to Avoid)

Be polite and cooperative, but stick strictly to facts. Do not admit fault — statements like “I’m sorry” or “I didn’t see you” can be used as evidence against you later. Texas follows a modified comparative fault system under Chapter 33 of the Civil Practice and Remedies Code, meaning your percentage of fault directly reduces your recovery. Any admission, even a casual one, can shift fault percentages.

If the other driver becomes aggressive or refuses to share information, do not engage. Wait for police to arrive and let them handle it.

Step 4 — Document Everything

Your phone is your best tool at the scene. Thorough documentation can make or break your claim months later.

Photos and Videos to Take

All vehicle damage — your car and every other car, from multiple angles (close-up and wide shots)
The accident scene — road conditions, lane markings, traffic signs, signals, skid marks, debris patterns
License plates of all vehicles involved
Your injuries — bruises, cuts, swelling, abrasions (and continue photographing over the following days as bruises develop)
Weather and lighting conditions — overcast sky, wet road, sun glare
Traffic signals and signs — especially any stop signs, yield signs, or speed limit signs near the intersection
Dashcam footage — if you have a dashcam, save the file immediately

Written Notes

Write down the following while details are fresh:

Time and date of the accident
Exact location — street names, mile markers, nearest cross streets, nearby landmarks
Your account of what happened — which lanes you were in, your speed, what you observed before impact
Road conditions — potholes, construction zones, missing signage
Other driver behavior — were they on their phone? Did they appear impaired?

This information becomes critical if fault is disputed later, especially under Texas’s 51% fault bar.

Step 5 — File a Police Report

When Is a Police Report Required in Texas?

Texas Transportation Code § 550.026 requires a written crash report when:

Anyone is injured or killed
Any vehicle cannot be safely driven from the scene
Property damage appears to exceed $1,000

How to File

At the scene: If an officer responds, they will create an official crash report. Ask for the officer’s name, badge number, and the report number.
If no officer responds: You must file a CR-2 form (Blue Form) with the Texas Department of Transportation (TxDOT) within 10 days of the accident.
Getting your report: Request it from the responding law enforcement agency or through the TxDOT Crash Records Information System (CRIS) online portal.

Why the Police Report Matters

Even for accidents where a report is not technically required, getting one is strongly recommended. The police report:

Creates an official, time-stamped record of the accident
Documents the officer’s observations about fault and conditions
Includes witness statements taken at the scene
Is relied upon heavily by insurance adjusters when evaluating claims
Can serve as evidence if the case goes to court

Without a police report, the claim becomes a “he said / she said” situation — which works against you under Texas’s comparative fault system.

Step 6 — Notify Your Insurance Company

Contact your insurance company as soon as possible after the accident — ideally the same day. Most Texas auto policies require prompt notification, and delayed reporting can give the insurer grounds to deny coverage.

What to Tell Your Insurer

Stick to the facts — what happened, where, when, and who was involved
Provide the police report number if one was filed
Share the other driver’s insurance information
List injuries and damages that you are aware of so far

What to Avoid

Do not speculate about fault — let the investigation determine fault percentages
Do not give a recorded statement to the other driver’s insurance without understanding your rights. You are not legally required to give a recorded statement to the opposing insurer.
Do not accept a verbal settlement over the phone — get all offers in writing

Texas Fault System and Your Claim Options

Texas is a fault state, meaning the at-fault driver’s insurance is responsible for damages. You have three paths:

Option	How It Works	Pros	Cons
First-party claim	File with your own insurer	Faster processing, your insurer works for you	You pay your deductible upfront
Third-party claim	File with the at-fault driver’s insurer	No deductible if approved	Slower, adjuster represents the other side
Lawsuit	File in Texas civil court	Full damage recovery possible	Time-consuming, requires legal counsel

Step 7 — Seek Medical Attention

See a doctor within 72 hours, even if you feel fine. Many car accident injuries do not produce immediate symptoms:

Whiplash often takes 24-72 hours to manifest as neck stiffness and pain
Concussions and traumatic brain injuries may present as headaches, confusion, or dizziness days later
Internal injuries — bleeding or organ damage — can be asymptomatic until they become emergencies
Herniated discs may not cause significant pain until swelling develops over several days
Adrenaline and shock can mask pain for hours after a crash

Why Medical Records Are Critical

Beyond your health, medical documentation serves a legal and insurance purpose:

Establishes causation — links your injuries directly to the accident
Creates a treatment timeline — gaps in treatment give insurers reason to argue your injuries are not serious
Documents the full extent of harm — doctors may identify injuries you did not know you had
Supports your damage claim — medical bills, treatment plans, and prognosis reports form the foundation of your compensation demand

If you delay treatment and then claim injuries weeks later, the insurance company will argue those injuries happened after the accident — and under Texas’s comparative fault system, that argument can significantly reduce or eliminate your recovery.

Step 8 — Understand Your Rights Under Texas Law

Texas Is a Fault State

The driver who caused the accident pays for damages through their liability insurance. If their insurance does not fully cover your losses, you can sue them directly.

Texas’s Modified Comparative Fault Rule (51% Bar)

Under the Texas Proportionate Responsibility Act, Chapter 33 of the Civil Practice and Remedies Code:

If you are 50% or less at fault, you can recover damages — reduced by your fault percentage
If you are more than 50% at fault, you recover nothing

Example: You have $100,000 in damages and are found 30% at fault. Your recovery is $70,000. But if you are found 51% at fault, your recovery is $0.

This is one of the most consequential rules in Texas accident law. It makes fault determination the single most important factor in your claim.

Statute of Limitations

Claim Type	Deadline	Statute
Personal injury	2 years from accident date	Tex. Civ. Prac. & Rem. Code § 16.003
Property damage	2 years from accident date	Tex. Civ. Prac. & Rem. Code § 16.003
Wrongful death	2 years from date of death	Tex. Civ. Prac. & Rem. Code § 16.003
Government entity	6 months notice required	Tex. Civ. Prac. & Rem. Code § 101.101

If you miss the deadline, you permanently lose the right to file a lawsuit — regardless of how strong your case is.

Minimum Insurance Requirements

Texas law (Transportation Code § 601.051) requires every driver to carry at minimum:

$30,000 bodily injury per person
$60,000 bodily injury per accident
$25,000 property damage per accident

These minimums are commonly written as 30/60/25. If your damages exceed the at-fault driver’s coverage limits, you may need to pursue your own Uninsured/Underinsured Motorist (UM/UIM) coverage or file a lawsuit against the driver personally.

What NOT to Do After a Car Accident in Texas

Do not leave the scene. Hit and run is a criminal offense in Texas — a felony if anyone is injured.
Do not admit fault. Do not say “it was my fault” or even “I’m sorry.” Stick to facts. Under the 51% bar, any admission of fault can be devastating to your claim.
Do not post on social media. Insurance companies and defense attorneys routinely monitor claimants’ social media. A photo of you at a social event can be used to argue your injuries are not serious.
Do not accept the first settlement offer without calculating your full damages. First offers are frequently 30-50% below what the claim is actually worth.
Do not skip medical treatment. Gaps in treatment give insurers ammunition to argue your injuries are minor or unrelated to the accident.
Do not sign anything from the other driver’s insurance company without fully understanding what you are agreeing to. Signing a release typically ends your claim permanently.
Do not dispose of evidence. Keep your damaged vehicle, clothing worn in the crash, and all medical records.

Frequently Asked Questions

Do I have to call the police after a car accident in Texas?

You must report the accident if anyone is injured, if vehicles cannot be driven, or if property damage exceeds $1,000. If no officer responds to the scene, you are required to file a CR-2 (Blue Form) with TxDOT within 10 days. Even for minor accidents below the reporting threshold, a police report strengthens your insurance claim.

How long do I have to file a claim in Texas?

You have 2 years from the accident date to file a personal injury or property damage lawsuit. For insurance claims, contact your insurer as soon as possible — most policies include a “prompt notice” requirement, and delays can result in reduced or denied coverage.

What if the other driver does not have insurance?

An estimated 14% of Texas drivers are uninsured. If the other driver has no insurance, you can file a claim under your own Uninsured Motorist (UM) coverage — if you carry it. Texas insurers are required to offer UM/UIM coverage, though you may have declined it in writing. You can also sue the uninsured driver directly, though collecting a judgment can be difficult.

Should I see a doctor even if I feel fine?

Yes, absolutely. Whiplash, concussions, herniated discs, and internal injuries frequently produce no symptoms for 24-72 hours after a crash. Beyond your health, early medical documentation creates the causation link between the accident and your injuries that insurance companies require.

What if the accident was partly my fault?

Texas uses a modified comparative fault rule under Chapter 33 of the Civil Practice and Remedies Code. If you are 50% or less at fault, you can recover damages reduced by your fault percentage. If you are more than 50% at fault, you recover nothing. This 51% bar makes fault determination the central issue in virtually every Texas accident claim.

How long does it take to get a police report in Texas?

Most Texas law enforcement agencies make crash reports available within 10 business days. You can request the report from the responding agency directly or through the TxDOT CRIS online portal. Reports involving fatalities or complex multi-vehicle accidents may take longer.

Can I still file a claim if I did not call the police at the scene?

Yes. The absence of a police report does not prevent you from filing an insurance claim or a lawsuit. However, without an official report, you will need to rely on other evidence — your photographs, witness statements, and medical records — to support your version of events. Filing the CR-2 form with TxDOT can partially substitute for a police report.

Related Guides for Texas

See This Guide for Other States

*Need help with your Texas car accident? Get a free case evaluation from a local attorney.*

Get Help With Your Texas Claim

If you were in a car accident in Texas and need legal guidance, a local attorney can evaluate your case at no cost. Most personal injury lawyers work on contingency — you pay nothing unless they recover money for you.

Common Mistakes Texas Drivers Make After a Car Accident

Navigating the aftermath of a car accident in Texas can be complex. While the immediate focus is often on safety and initial reporting, certain common missteps can significantly impact your ability to recover compensation under Texas law. Understanding these pitfalls can help protect your interests.

Failing to Report the Accident When Required — Texas Transportation Code mandates that drivers report an accident to TxDOT within 10 days if it results in injury, death, or property damage exceeding ,000, and no law enforcement officer responded. Neglecting this duty can lead to legal penalties and complicate any subsequent insurance claims.
Admitting Fault at the Scene — Texas operates under a 51% bar modified comparative fault rule. Any statements admitting fault, even if made in distress, can be used to assign you a percentage of fault, which directly reduces the compensation you may recover. If you are found 51% or more at fault, you are generally barred from recovering damages.
Delaying Medical Evaluation After the Accident — Even if injuries seem minor or latent, a delay in seeking medical attention can make it challenging to establish a direct link between the accident and your injuries. This can be particularly impactful when pursuing a personal injury claim, especially with Texas’s 2-year statute of limitations.
Neglecting to Document the Accident Scene Thoroughly — In a modified comparative fault state like Texas, strong evidence is key for establishing the other driver’s negligence and supporting your claim. Failing to gather photos, witness contact information, and other details can weaken your position when fault is being determined.
Disregarding the Personal Injury Statute of Limitations — Texas law generally imposes a 2-year statute of limitations for personal injury claims arising from a car accident. Missing this critical deadline typically means forfeiting your right to pursue a lawsuit for damages related to your injuries.
Not Notifying Your Own Insurance Company Promptly — Most Texas insurance policies include clauses requiring timely notification of an accident, often within a few days. Delaying this notification can be considered a breach of your policy terms and may jeopardize your coverage or ability to make a claim, even though Texas is not a no-fault state.

Frequently Asked Questions about After the Accident in Texas

Do I have to report a car accident to the police in Texas?

In Texas, you are generally required to report a car accident to the police if it results in injury, death, or property damage exceeding ,000. If a law enforcement officer does not respond to the scene, drivers involved must file a written report (CR-2 form) with the Texas Department of Transportation (TxDOT) within 10 days of the crash. Failing to meet these requirements can lead to penalties.

How long do I have to file a lawsuit after a car accident in Texas?

For personal injury claims stemming from a car accident in Texas, there is typically a 2-year statute of limitations. This means that, in most cases, you have two years from the date of the accident to file a lawsuit in court. Missing this deadline can generally result in the forfeiture of your right to pursue legal action for your injuries.

How does fault affect my claim in Texas?

Texas follows a 51% bar modified comparative fault rule. This system allows you to recover damages even if you are partially at fault for the accident, but your total compensation will be reduced by your assigned percentage of fault. However, if you are found to be 51% or more at fault for the accident, you are generally barred from recovering any damages from the other party.

Is Texas a no-fault state for car accidents?

No, Texas is not a no-fault state; it operates under an “at-fault” system. This means that the driver determined to be responsible for causing the accident is typically liable for the damages incurred by others. Unlike no-fault states, Personal Injury Protection (PIP) coverage is not required in Texas, although insurance companies are generally required to offer it to policyholders.

When Professional Help Tends to Make Sense

Most minor accidents in Texas are resolved between the drivers and their insurance companies without ever involving an attorney. Many accident victims, however, consider consulting an attorney when one or more of the following applies to their situation:

A fatality occurred, or a wrongful-death claim may be involved
Medical bills are already in the tens of thousands of dollars, or still growing
There is a permanent injury, visible scar, or any sign of traumatic brain injury (TBI)
The insurance company’s first settlement offer feels far below your actual costs
The insurance company is arguing that your injuries are pre-existing, or trying to shift primary fault onto you despite the evidence
Multiple vehicles or multiple parties are involved and liability is unclear
Fault is disputed — especially relevant given Texas’s 51% bar modified comparative fault rule (a plaintiff more than 50% at fault recovers nothing)
The Texas statute of limitations for personal injury (2 years from the accident) is within six months
A government vehicle, commercial truck, or rideshare driver is involved
The other driver was uninsured, underinsured, or fled the scene (hit-and-run)

If none of these apply to your situation, you may be able to settle directly with the insurance company. The other guides on this site walk through that process step by step.

Speak with a Free Car Accident Attorney

Reviewed by TurnYourClaim Editorial Team — Last verified: 2026-03-03

Sources: Tex. Civ. Prac. & Rem. Code § 33.001 (Comparative Fault); Tex. Transp. Code § 601.051 (Financial Responsibility / Minimum Coverage); Tex. Civ. Prac. & Rem. Code § 16.003 (Statute of Limitations); TxDOT Crash Records Information System

DISCLAIMER: This website is not a law firm and does not provide legal advice. This page provides general educational information only. Laws vary by state and change frequently. Always consult a licensed attorney in your state for advice specific to your situation. This is not medical advice. If you have been injured, seek immediate medical attention. Last updated: May 2026.