A car accident compresses a lot of decisions into a short window. In the first two days, people are dealing with the scene, the police, a damaged car, a doctor's visit and, often, the first phone call from an insurance company. This guide walks through the first 48 hours in roughly the order things happen, with the Texas rules that apply along the way.
Texas law sets out what a driver must do after a collision. Under Section 550.021 of the Texas Transportation Code, the operator of a vehicle involved in a collision that results, or is reasonably likely to result, in injury to or death of a person must immediately stop at the scene or as close to it as possible, determine whether anyone involved needs aid, and stay at the scene until the information and aid duties of Section 550.023 are met.
If anyone is hurt, call 911. Felix Gonzalez Accident and Injury Law Firm, based in San Antonio, gives the same advice on its car accident page, noting that prompt medical evaluation is important even when injuries seem minor, because some conditions develop over hours or days.
Section 550.026 requires the operator of a vehicle involved in a collision resulting in injury or death, or in damage that leaves a vehicle unable to be normally and safely driven, to give notice of the collision immediately by the quickest means of communication. Inside a city such as San Antonio, that notice goes to the local police department. For a crash outside city limits, the statute names the sheriff's office among the agencies to notify, and a crash within 100 feet of a city's limits may be reported to either the local police or the sheriff.
If a crash damaged only vehicles and happened on a main lane, ramp, shoulder, median or adjacent area of a freeway in a metropolitan area, Section 550.022 requires each driver, when every vehicle involved can be normally and safely driven, to move as soon as possible to a designated collision investigation site if one is available, a location on the frontage road, the nearest suitable cross street or another suitable location to complete the Section 550.023 duties. The stated aim is to minimize interference with freeway traffic.
Section 550.023 requires each driver in a collision involving injury, death or damage to an attended vehicle to give their name and address, the registration number of the vehicle they were driving and the name of their liability insurer, to show a driver's license if asked and if it is available, and to give an injured person reasonable assistance, including arranging transport for medical treatment when it is apparent that treatment is necessary or when the injured person asks.
Ask for the same in return; a phone photo of the other driver's insurance card, license plate and license helps get the details right.
If you can do so safely, photograph all vehicles, their positions, the road, traffic signals and signs, debris, weather and any visible injuries. Write down the names and phone numbers of witnesses, the responding officer's name and the report number. The firm's FAQ recommends the same basic steps: photograph the scene, gather contact information for witnesses and obtain copies of medical reports.
Under Section 550.062, an investigating officer must make a written report when the collision caused injury or death, or apparent damage of $1,000 or more to the property of any one person, and must file it electronically with the Texas Department of Transportation not later than the 10th day after the collision. Section 550.065 lets anyone involved in the crash get a copy by asking in writing and paying whatever fee applies.
Pain is not always immediate after a crash. Getting checked promptly creates a record that connects symptoms to the collision and can catch problems that are not obvious at first. Tell the provider about every symptom, even ones that seem small, and keep discharge papers and follow-up instructions.
Under Section 1952.152 of the Texas Insurance Code, an automobile liability policy delivered in Texas must include personal injury protection, often called PIP, unless an insured named in the policy rejected it in writing. Under Section 1952.155, PIP benefits are paid regardless of whether the named insured or the person receiving them was at fault in the collision. Look at your declarations page to see whether you have PIP and whether you have uninsured or underinsured motorist coverage, and read the policy's notice requirements. A PIP policy may set a period for presenting proof of loss, though Section 1952.156 says that period cannot be shorter than six months after the accident.
Calls from the other driver's insurance company can begin quickly. It is reasonable to take down the adjuster's name, company and claim number and say you will call back once you have your information together. The firm's car accident page warns that adjusters may ask for recorded statements, and that questions which sound routine can be aimed at minimizing the claim.
The general limit for filing a Texas personal injury suit is two years after the cause of action accrues, under Section 16.003 of the Civil Practice and Remedies Code, though some exceptions apply. Evidence does not wait that long: vehicles get repaired, nearby video can be overwritten and memories fade. The firm offers free consultations, and getting advice early, while the details are still fresh, keeps more options open.
This article is general information, not legal advice. Every case turns on its own facts; for advice about your situation, speak with a licensed Texas attorney.