What to Do After a Car Accident in Texas

Maybe you barely clipped a side mirror. Maybe your car rolled three times before landing in a ditch. No matter how serious, it’s always important to take necessary legal and personal steps after a car accident.

Like all states, Texas has its own particular laws and policies on automobiles. If you're a proud Lone Star State driver, then it's important to know the state's best protocol following a crash. Mighty's AI handles Texas car accident claims as part of building your case file — applying the state-specific framework automatically — but the steps below describe what to do immediately after an accident.

1. Check for Safety and Medical Needs

The most important step after a car wreck? Making sure that any hurt car accident victim receives medical help to prevent further injury. 

Car accidents can be incredibly dangerous, even fatal. Just last year, car crashes left over 42,000 people dead and 4.8 million people with medical-grade injuries. To prioritize the safety of yourself and others, take these steps immediately after any car wreck:

• Check yourself – It’s the oxygen mask rule: you can’t help others until you help yourself. After a collision, check if you have any injuries or conditions that need urgent medical care. If so, call an ambulance or ask anyone nearby to call for an ambulance.

• Check passengers – According to Texas law, drivers are responsible for any injuries or damages that occur to their passengers. Always check if any passengers need medical assistance or help. If so, request separate ambulances for each person.

• Check the safety situation – Car crashes can quickly turn into multi-incident events. If you crash on the highway or a busy road, you need to make sure you’re out of traffic’s way. Also, you should help any car accident victim or other parties find a safe location.

It is important to know that if you or a loved one has been injured in a car crash, you can be compensated for that. Learn more about the average car accident settlement in Texas.

2. Call the Police (If Applicable)

It may feel silly to call the police after a car accident. However, this step is not only useful for drivers in Texas—it may be legally required.

Police officers are the cornerstone of all car accident liability investigations. Their police report and investigation can help you build a legal case to receive damages (any monetary losses from the auto accident). Similarly, the police should be notified of major violence, crimes, or safety concerns, such as those in a car crash. You must notify police officers after a Texas car accident if:

• An injury or death occurs
• A driver is intoxicated 
• Vehicles are left unmoveable on the road
• A driver has no insurance
• A driver flees the scene

If any of these situations apply, you must call the police in Texas. They'll create an official crash report — documentation Mighty's AI gathers automatically as part of building your case file. There are also consequences if you don't report a car accident.

Most importantly—do not leave. You can face serious charges if you abandon the car accident scene. Stay put for all law enforcement if they are called.

3. Note the Details of the Crash

Even if police are on the way, it’s never a bad idea to make your own mini “crash report.” Noting the details of an automobile accident can help you determine the damages you may receive or owe.

Once you’ve addressed people’s safety and contacted the police, whip out your notepad (or digital notepad on your phone). Start to note every detail about this incident, such as:

• Time and date
• Location
• Name and contact information of any drivers
• Names and contact information of any witnesses
• Photos of the scene
• Vehicle damage
• Injuries or deaths
• Contributing factors to the accident (signs, road bumps, etc.)
• Any traffic cameras or security cameras

As much verifiable information as you can gather at the scene strengthens your case. Mighty's AI builds on this documentation — gathering medical records, police reports, repair estimates, witness statements, and traffic camera footage as part of your case file.

4. File an Insurance Claim

Safety comes first. Once any medical threat is addressed, the next step is opening your insurance claim.

Texas is at at-fault car accident state,  operating under "comparative fault" jurisdiction. This means any driver with at least 50% liability has to take responsibility for the other driver's damages. Mighty's AI opens the claim with the at-fault driver's insurance — and if liability is disputed or your damages exceed their coverage, Mighty's AI handles the dispute and pursues additional avenues for compensation. For cases that proceed to litigation, Mighty's marketplace surfaces a vetted lawyer paid only on the increase to your existing offer.

If you're considering legal action, it's important to understand the statute of limitations for Texas car accidents. Mighty's AI tracks the Texas statute automatically.

Read More: What to do after a car accident that wasn't your fault

Safety Comes First

Open the claim — but use Mighty to do it. Mighty's AI builds your case file, opens your claim with the insurance company, negotiates a settlement for you to approve, and routes you your payment if the offer is fair. For most accident claims, that's all you need — and you keep 100% of your settlement.

Only hire a lawyer when you need one, which is rarely in the first month or two after an accident. Waiting has two big advantages. First, you may not need one at all, in which case avoiding their fees leaves you with 33% to 40% more of your settlement. Even if you do need one, waiting until you have more information about your case — including an offer from insurance — gives you leverage to negotiate the lawyer's fee down from the standard rate.

A lawyer is genuinely necessary when injuries are serious, liability is disputed, multiple parties are involved, or the insurance company refuses to engage. For those cases, Mighty's marketplace helps to match you with a vetted lawyer who only gets paid on the increase to your existing offer.

Sources

Justinian & Associates. Can I Make A Claim If I Was A Passenger In The At-Fault Driver's Car In Texas? https://www.justinian.com/faqs/can-i-make-a-claim-if-i-was-a-passenger-in-the-at-fault-drivers-car-in-texas/

Nolo. Texas At-Fault Car Accident Laws. https://www.nolo.com/legal-encyclopedia/texas-car-accident-laws.html

NSC. Motor Vehicle - Injury Facts. https://injuryfacts.nsc.org/motor-vehicle/overview/introduction/

Texas Department of Transportation. Tips to avoid collisions and what to do when one occurs. https://www.txdot.gov/content/txdotreimagine/us/en/home/safety/driving-laws/tips-avoid-collisions.html