Texas Roads Are Among the Most Dangerous in the Country
According to TxDOT, Texas recorded over 4,000 traffic fatalities and more than 19,000 serious injury crashes in 2024 alone. High-speed corridors like I-35 through Austin, MoPac (Loop 1), US-183, Highway 71, and Highway 290 see some of the highest accident rates in Central Texas. If you are involved in a crash on any Texas road, the steps you take in the first hours and days will directly affect your ability to recover compensation under Texas law.
Stop, Stay, and Call 911
Texas Transportation Code §550.021 requires every driver involved in an accident resulting in injury, death, or property damage to stop immediately at the scene or as close as safely possible. Leaving the scene of an accident with injuries is a felony in Texas. If anyone is hurt, call 911 right away. Even in minor collisions, calling law enforcement is critical because the responding officer will create a CR-3 crash report, which becomes a key piece of evidence in your injury claim.
Move Vehicles Only If Safe Under Texas Law
Texas Transportation Code §550.022 allows drivers to move their vehicles out of the travel lanes if the accident involves only vehicle damage and the cars are still operable. If the crash occurred on a busy stretch of I-35 or MoPac during rush hour, moving to the shoulder protects you and other motorists from secondary collisions. Turn on your hazard lights immediately.
Document the Scene Thoroughly
Take photographs and video of everything before vehicles are moved. Capture all vehicles from multiple angles, license plates, damage, skid marks, road conditions, traffic signals, and any debris. Photograph the intersection or highway markers so the exact location is clear. If the crash happened at a known high-collision intersection, such as the I-35 and William Cannon interchange or the US-183 and Research Boulevard junction, document the surrounding signage and lane configuration.
Get the Other Driver's Insurance Information
Texas requires all drivers to carry minimum liability insurance of $30,000 per person, $60,000 per accident for bodily injury, and $25,000 for property damage (commonly referred to as 30/60/25). Exchange full names, phone numbers, driver's license numbers, insurance company names, and policy numbers with every driver involved. However, roughly one in five Texas drivers is uninsured, so if the other driver cannot produce insurance information, document everything you can and report the situation to the responding officer.
Seek Medical Attention Within 72 Hours
Even if you feel fine at the scene, see a doctor within 24 to 72 hours. Injuries like whiplash, herniated discs, concussions, and internal bleeding often do not produce symptoms immediately. Texas is a fault-based state, meaning the at-fault driver's insurance is responsible for your medical bills. But insurance adjusters will scrutinize any gap between the accident date and your first medical visit. A delay in treatment gives the adjuster ammunition to argue that your injuries are not related to the crash or are not as severe as you claim.
Use Your PIP Coverage Immediately
Texas Insurance Code §1952.152 requires every auto insurance company in the state to offer Personal Injury Protection (PIP) coverage. PIP pays for your medical bills and lost wages regardless of who caused the accident. Standard PIP coverage in Texas ranges from $2,500 to $10,000. If you carry PIP on your policy, use it right away. It pays quickly and does not affect your fault-based claim against the other driver.
Do Not Give a Recorded Statement to the Other Driver's Insurance
The at-fault driver's insurance company will contact you quickly, sometimes within hours of the crash. The adjuster will sound friendly and may ask you to provide a "recorded statement" about what happened. You are not required to give one under Texas law, and you should not. Anything you say on that recording can and will be used to reduce or deny your claim. Texas is a one-party consent state for recordings under Texas Penal Code §16.02, so the adjuster can legally record you without your knowledge. Politely decline and tell the adjuster to contact your attorney.
Do Not Admit Fault at the Scene
Texas follows a modified comparative fault rule under Civil Practice and Remedies Code Chapter 33. If you are found to be 51% or more at fault, you are barred from recovering any compensation. Saying "I'm sorry" or "I didn't see you" at the scene can be twisted into an admission of fault. Let the police investigation and the evidence determine responsibility.
Request Your CR-3 Crash Report
After the accident, request a copy of the official Texas Peace Officer's Crash Report (CR-3) from the law enforcement agency that responded. If a state trooper responded, you can order the report through the Texas Department of Transportation's Crash Records Information System (CRIS) at cris.dot.state.tx.us. City police reports can typically be requested from the police department directly. The CR-3 report contains the officer's narrative, a diagram of the crash, contributing factors, and the officer's assessment of fault. This report is often the first document your attorney will review.
Keep All Records Organized From Day One
Start a file with every document related to the accident. This includes the CR-3 crash report, all medical records and bills, repair estimates, rental car receipts, photos and video from the scene, and any correspondence from insurance companies. Under Texas law, you generally have two years from the date of the accident to file a personal injury lawsuit (CPRC §16.003). While two years may sound like plenty of time, evidence deteriorates quickly. Witnesses forget details, surveillance footage gets overwritten, and the scene changes. Acting quickly and keeping organized records protects the strength of your claim.
Contact a Texas Personal Injury Attorney Before It Is Too Late
Before you negotiate with any insurance company, speak with an experienced Texas personal injury attorney. Most personal injury attorneys, including Medina & Medina, offer free consultations and work on contingency, meaning you pay nothing unless they recover compensation for you. An attorney can send preservation letters to prevent the destruction of evidence, handle all communications with the insurance company, and ensure that your claim accounts for every dollar of damages you are owed under Texas law.
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Medina & MedinaFounding partner at Medina & Medina, Israel Medina is a personal injury attorney serving families across Texas.
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