What to Do After a Texas Car Accident

What to Do After a Texas Car Accident

Health Evidence and Claim Decisions in the First Days

After a Texas car accident, protect your health, report the event through appropriate channels, retain original evidence, and review any proposed release before signing. The first days matter because vehicles, video, and digital records can change or disappear before the injury's full consequences are known.

Put safety and care first

Do not remain in traffic or delay needed treatment to gather photographs. Call emergency services when appropriate and follow responders' directions. If you can safely document the event, photograph the wider scene, vehicle positions, traffic controls, debris, and damage. Obtain witness contact information and identify the investigating agency.

Describe symptoms accurately to medical providers. Include when they began, what changed, and relevant prior conditions. Let the provider determine diagnosis and treatment. Do not assume that a lack of visible vehicle damage resolves whether an injury occurred, and do not assume that every later symptom necessarily came from the crash.

Keep discharge instructions, appointment information, bills, and insurance correspondence. Record missed work and concrete functional difficulties without exaggeration. An accurate timeline is more useful than a collection of identical statements that everything hurts. Tell counsel when symptoms improve as well as when problems continue.

Preserve information that cannot easily be recreated

Retain original photographs and videos. An edited social-media clip may omit timing or context, and a screenshot may lose useful metadata. Identify the device, account, or person controlling the original. If a nearby business has cameras, promptly identify it for counsel; availability and retention vary.

Know where your vehicle is stored and who controls disposal or repairs. In a serious or disputed crash, ask whether inspection is needed before authorizing alteration or salvage. Preservation does not require keeping every vehicle indefinitely, but the relevant question should be assessed before the evidence is gone.

Save messages with witnesses, drivers, insurers, and service providers. Do not delete unfavorable material or access someone else's accounts. Lawful preservation includes relevant evidence on both sides of the dispute. Share complete communications so counsel can see deadlines, policy references, and release language.

Distinguish insurance communications

Your own insurer and another driver's insurer may have different roles. Your policy may require notice and cooperation, while an opposing adjuster may seek a statement to evaluate liability. Ask counsel how to handle each communication. A blanket refusal to communicate with every insurer can create avoidable problems.

Before accepting money, read what the payment and release resolve. A document described as a property settlement may contain broader language. An injury release can end claims for later consequences. Review whether other coverage, such as UM/UIM, could be affected before settling with the liability carrier.

A practitioner intake sequence

Begin with perishable evidence and deadlines rather than an estimated case value. Establish the crash date, location, agency, witnesses, vehicle custody, digital sources, treatment, possible work-related driving, and any approaching offer or disposal date. Identify minors, fatal injuries, government involvement, and potential capacity concerns.

Assign each urgent task to a person and record completion. A note saying preserve video does not establish that a custodian received a request. Confirm the source, time interval, request, response, and follow-up. Routine medical record collection should continue, but it should not crowd out a vehicle or recording that may disappear tomorrow.

An illustrative intake might involve a vehicle scheduled for salvage while the client awaits an orthopedic appointment. The inspection question can be addressed immediately; it need not wait for the final prognosis. At the same time, counsel should avoid predicting settlement value from the initial emergency bill.

Questions clients often ask

Should I wait until I finish treatment to call

You can contact counsel while treatment continues. Early review may identify preservation and deadline issues. The firm's acceptance and written engagement determine representation; an inquiry alone does not guarantee the matter has been accepted.

What if I do not have the report yet

Provide the crash date, location, agency, and report number if available. A report can be obtained through the appropriate process, but urgent preservation should not depend on having it first.

Can an insurance conversation extend my deadline

Do not assume it does. Negotiation and filing deadlines are different. Obtain individual advice about the applicable limitations period and any special notice requirement.

Legal deadlines are different from evidence deadlines

Texas Civil Practice and Remedies Code section 16.003 supplies the general two year personal injury limitations period. That rule does not mean a claimant has two years to investigate. A camera may overwrite tonight; a vehicle may change hands this week; a witness may leave the employer next month. A competent initial strategy runs two calendars: the legal calendar for filing, service, notices, and policy duties, and the evidence calendar for records or objects that may become unavailable. The first calendar protects the right to bring the claim. The second protects the ability to prove it.

Practitioners should calculate accrual and identify the correct defendant before relying on a deadline. A driver's familiar business name may differ from the legal entity that employed the driver. Filing against one entity does not necessarily preserve a claim against another. Section 16.001 addresses disabilities existing when a cause accrues, including minority, but it should not become a reason to postpone investigation. Parent claims, government notices, and insurance obligations require their own analysis. Negotiation is not a substitute for a documented limitations calculation.

Government involvement should trigger a separate review under Civil Practice and Remedies Code chapter 101. Ask who owned the vehicle, who employed the driver, whether the driver acted within employment, and whether a legally recognized waiver of immunity exists. Section 101.101 notice and applicable municipal requirements deserve immediate attention. An adjuster's willingness to discuss the crash does not establish waiver, sufficient notice, or a timely suit. A client should report a city truck, school vehicle, or other potentially governmental actor during intake rather than assume its insurer makes the process ordinary.

Build a first week evidence allocation

An effective first week plan assigns responsibility rather than simply lists tasks. The client can locate original photographs, identify treating providers, preserve messages, and provide vehicle custody information. The legal team can contact custodians, assess inspection arrangements, obtain authority for records, and calendar notices. An appropriate expert can advise whether the suspected defect or collision question requires immediate physical access. A task should have an owner, a due date, a confirmation step, and an explanation of the issue it will resolve.

The plan also needs a stop rule. Not every fender bender requires module acquisition, drone mapping, or several experts. Ask whether a disputed issue could materially change liability or damages, whether the source is likely to answer it, and whether another reliable source already exists. Proportionate preparation protects the client from unnecessary case expenses. At the same time, a modest repair estimate should not be the sole reason to abandon an inspection where restraint failure or a serious injury mechanism is genuinely disputed.

Record preservation attempts accurately. A receptionist who says a manager will call back has not confirmed retention. A business that exports one camera has not necessarily searched another. An insurer that acknowledges a letter has not necessarily instructed a salvage contractor. Follow the actual custody chain and obtain written confirmation where feasible. This work is useful even if no lawsuit follows because it improves the information available for settlement evaluation.

Prepare intake for later testimony

An early account should distinguish perception from reconstruction. Ask where the person looked, what movement was observed, what sounds occurred, and what information came from someone else. Preserve uncertainty without suggesting a more confident answer. A client who does not know whether a signal changed should not be coached to choose a color. Later video may resolve the question, and an honest initial uncertainty is easier to explain than an unsupported declaration.

For medical intake, document prior function and present changes separately. Ask about earlier symptoms, medication, care, and any intervening event. The first call is not a medical examination, and staff should not label a condition permanent or crash caused. A factual summary can nevertheless help counsel identify the records and clinician testimony needed. Texas Rules of Evidence 602 and 702 distinguish matters supported by personal knowledge from opinions requiring qualified expertise.

The same discipline applies to work loss. Record actual missed shifts, leave used, restrictions communicated, and the employer's response. Do not turn an uncertain future career into a fixed damages total during intake. Early records should preserve the evidence that later permits a reliable calculation. They should not lock the client into a speculative estimate before prognosis is known.

Hypothetical first week decision

A Dallas driver is hospitalized after a disputed intersection crash. The police report is unfinished, the car is accruing storage charges, and a nearby store has a camera facing the approach. The useful immediate response is not to wait for a report and then send a demand. It is to identify the investigating agency, request retention from the store, locate the car's owner and custodian, and assess whether an agreed inspection is feasible. Medical record collection proceeds alongside those steps.

Suppose the store confirms that its image shows only the approach, not impact. The recording may still establish position or timing, but counsel should not call it proof of the entire collision. Suppose the car's owner authorizes an inspection but the insurer plans a salvage transfer. The team should address access and timing with both custodians. Preservation must follow the object, rather than end when one participant responds.

This example illustrates why early legal attention can matter before the ultimate value is known. It does not predict a result or imply that every claim needs the same investigation. The practical benefit is retaining choices: the client can later evaluate a supported settlement or litigate with the necessary evidence available.

Questions to ask at the first consultation

Ask which evidence could disappear, who will request it, and when confirmation will occur. Ask whether any deadline differs from the general personal injury period. Ask how the team will coordinate with ongoing medical care, handle insurer communications, and evaluate inspection expenses. These questions reveal the proposed work more clearly than asking for an immediate settlement number. Bring existing records, but do not delay contact to assemble a perfect packet.

Start with health safety and preservation

Immediately after a collision, safety and appropriate medical attention take priority over collecting evidence. A person should not remain in a dangerous traffic lane to photograph damage or postpone needed care to finish an insurance conversation. Call emergency services when circumstances require it and follow lawful directions from responders. A family member can often help with documents after the immediate emergency has passed.

When it is safe, useful information includes the date, approximate time, precise location, vehicle descriptions, driver identities, insurance information, witness contact details, and the investigating agency. Photographs should document the wider scene as well as vehicle damage. Lane markings, traffic controls, debris, sight obstructions, and the vehicles' positions can matter more than a tightly cropped picture of a bumper.

People understandably describe a crash in everyday language. An intake interviewer should preserve that account without forcing it into a legal conclusion. Ask what the person actually saw, heard, felt, and learned later. Distinguish an observation that the other vehicle crossed a lane line from an assumption that the driver was texting. Both can guide investigation, but only one is a direct observation.

For practitioners, the first interview should identify perishable sources. Was there a dashcam? Did a nearby business have exterior cameras? Is the vehicle in a tow yard that intends to sell or dismantle it? Was a rideshare trip active? Did a witness record the scene? Was the driver working? Who controls each source, and what step is required to preserve it lawfully?

The initial file should also contain a deadline inventory. Record the crash date, possible government involvement, the ages and capacities of claimants, any death date, insurance notice requirements, and any letter demanding action. Do not treat a standard two-year calendar entry as a complete analysis. One early notice issue or a vehicle destruction schedule may require action long before the anticipated lawsuit deadline.

An injured person can support this work by retaining the original documents and telling counsel about urgent communications. Keep letters, emails, envelopes, text messages, repair estimates, photographs, and account notices. Forward the complete communication rather than only the portion that seems important. The surrounding text may identify a release, deadline, recipient, or policy provision that changes the advice.

Build a preservation plan that fits the evidence

A preservation letter should identify the event, the relevant materials, and the action needed to prevent loss. Its scope should be connected to the facts. For a private car collision, relevant items may include the vehicle, onboard modules, photographs, dashcam files, repair documentation, and a narrowly defined interval of phone or app activity. A demand for every electronic record a person has ever created is unlikely to be a useful starting point.

Preservation and production are different. Asking someone to retain a video does not itself compel delivery. Asking an insurer not to dispose of a vehicle does not transfer ownership or grant unrestricted inspection access. Counsel may need cooperation, a subpoena, a discovery request, an agreed protocol, or an appropriate court order. The plan must address lawful access as carefully as it addresses retention.

The client's own evidence deserves the same attention as the opponent's. Original videos should be retained before editing or posting. Relevant messages should not be deleted because they appear unfavorable. A damaged vehicle should not be altered without considering inspection needs. A client who preserves only selected material can create avoidable disputes about completeness, credibility, and missing context.

When a vehicle is at risk of disposal, identify the custodian, storage charges, ownership status, insurer handling the property claim, and any salvage transfer. Request a reasonable opportunity for inspection and determine whether a preservation agreement is available. In a serious case, consider whether judicial relief is necessary and available. Delay can be costly, but urgency does not authorize trespass or unilateral seizure.

Digital evidence requires attention to format. A forwarded clip may be compressed, lose metadata, or omit the minutes before and after the impact. Obtain the native file when possible and document its source, export method, and any changes. Keep a working copy separate from the preserved original. Record who received the file and where it is stored so the foundation can be explained later.

A preservation log makes the effort accountable. For each source, record the custodian, requested materials, date of request, delivery confirmation, response, follow-up date, and eventual disposition. This log helps counsel avoid assuming that a letter was sufficient. It also helps identify a missing production while there is still time to pursue it, rather than discovering the omission during expert preparation.

Protect limitations service and special notice requirements

Texas personal injury claims generally carry a two-year limitations period under section 16.003, measured from accrual. Exceptions and other claim types require separate analysis. A lawyer should assess the relevant dates, possible tolling, parties, and applicable claims rather than rely solely on a general calendar rule. Timely filing also requires attention to diligence in service. Texas Civil Practice and Remedies Code chapter 16

Negotiations do not ordinarily suspend limitations simply because an adjuster continues responding. A promise to review a demand is not necessarily a binding tolling agreement. If a deadline is approaching, counsel must determine whether to file, obtain a valid agreement, or pursue another legally supported option. A client should report every approaching date or prior letter promptly.

Government involvement introduces additional issues. Section 101.101 generally addresses notice within six months for claims under the Texas Tort Claims Act, and applicable municipal requirements and statutory exceptions need review. Immunity and any claimed waiver are separate questions. Do not present a government-vehicle claim as an ordinary private-driver case with only a different insurance carrier. Texas Civil Practice and Remedies Code chapter 101

Minors, incapacity, death, and estate-related claims can affect timing and authority. The existence of a possible disability rule does not justify delaying preservation. A parent may have a separate claim with a different deadline, and evidence can vanish regardless of the claimant's age. Evaluate each claimant and each cause of action independently.

For attorneys receiving a referral, confirm who is responsible for immediate deadlines until the receiving firm accepts representation. A file sent by email is not necessarily a completed transfer. Identify pending motions, service status, trial settings, experts, and any government notice issue. Document acceptance and the scope of responsibility so neither lawyer assumes the other is handling an urgent task.

For clients, do not wait until the anniversary of the crash to obtain advice. A lawyer may need time to investigate identity, determine the appropriate court, prepare pleadings, and arrange service. Early review is particularly important when a public entity, child, fatality, or disputed identity is involved. Seeking guidance promptly can preserve choices that later become unavailable.

Establish a complete medical chronology

Medical causation is the connection between the crash and the condition or aggravation for which damages are sought. Treatment records may document symptoms and diagnosis, but their existence does not automatically establish that every condition was caused by the collision. The analysis should address onset, mechanism, baseline health, progression, clinical findings, and plausible alternative explanations.

Build a chronology from records rather than from memory alone. Include relevant pre-crash complaints, the first post-crash encounter, later examinations, diagnostic studies, prescriptions, referrals, therapy, procedures, restrictions, and subsequent events. Identify when symptoms first appear in the documentation and whether different providers received consistent histories. A chronology can reveal both a strong causal connection and a gap requiring further explanation.

Ask the client about previous injuries before the defense does. A prior complaint may be remote, resolved, intermittent, or directly relevant. The important question is what the person's condition and function were before this crash. A history of back pain does not prove the current impairment is unrelated, but concealing the history can undermine an otherwise legitimate aggravation claim.

Qualified medical opinions may be needed where the causal relationship is beyond ordinary understanding. The physician should review the relevant history and explain the reasoning, not merely repeat that symptoms began after a crash. When imaging shows degenerative changes, ask how the findings relate to the patient's symptoms, examination, prior function, and the mechanism described. Avoid treating an imaging label as a complete causal answer.

Later accidents and alternative causes require direct attention. In JLG Trucking v. Garza, the Texas Supreme Court addressed the harmful exclusion of evidence of a subsequent crash relevant to injury causation, including cross-examination of the plaintiff's expert. The practical lesson is to prepare the expert with the complete material history and analyze relevance and admissibility carefully. JLG Trucking LLC v Garza 466 SW3d 157 Tex 2015

For clients, accuracy is more helpful than describing everything as new. Tell treating providers and counsel what was present before the crash, what changed, and what has happened since. If a symptom improves or resolves, report that too. A claim can remain meaningful even when recovery is incomplete rather than permanent, and a truthful record supports a sound evaluation.

How specialized trial preparation can help your claim

The legal work described here matters because it helps the firm evaluate urgent preservation and deadline decisions. It can preserve a useful source, identify an unsupported insurer position, or reveal a genuine risk before you make an irreversible decision. It also provides a plan for presenting the issue through admissible evidence if settlement does not resolve it.

Aaron A. Herbert is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. The firm's published background describes substantial jury trial experience, and its case results report significant client recoveries. Review those credentials and results alongside the investigation your own case requires. Previous outcomes do not guarantee a similar result; the facts, proof, law, and available recovery sources differ.

If you are considering hiring counsel after a Texas crash, request a free consultation with The Law Firm of Aaron A. Herbert PC or call 214 200 4878. Tell the office about the issue addressed in this article and any approaching deadline. Ask who would handle the case, what work is needed, and how fees and expenses are addressed before signing an agreement.

Attorneys and referral partners can use the same contact page to request a case or litigation discussion. Identify procedural dates and confirm acceptance before transferring responsibility. Representation begins only when the firm accepts the matter.

Read the Texas car accident claims and litigation guide or return to the Texas Car Accident Knowledge Hub for related resources.

Related car accident resources

• Texas Crash Reports and Police Evidence (Coming soon)
• Preserving Dashcam Video and Vehicle Data After a Texas Crash (Coming soon)
• Preexisting Injuries and Medical Causation After a Texas Car Accident (Coming soon)

Legal sources

JLG Trucking LLC v Garza 466 SW3d 157 Tex 2015.

Texas Civil Practice and Remedies Code chapter 16.

Texas Civil Practice and Remedies Code chapter 101.

Texas Rules of Evidence.

Texas Rules of Civil Procedure effective October 1 2026.

This article provides general information about Texas law. Application depends on the facts, policy, court orders, and law governing the particular claim. Hypothetical examples are illustrations rather than reported firm cases.