Car Accident FAQs: What Texas Accident Victims Need to Know
The moments after a car accident are disorienting. Most people have never dealt with one before, and the decisions made in the immediate aftermath — what to say, who to call, whether to move — can significantly affect both health outcomes and legal rights. The questions below reflect what Texas accident victims ask most often. If your specific situation isn’t covered here, contact our office for a free consultation.
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At the Scene
Should I stay in my car after an accident or get out?
If you feel dizzy, are in pain, or are unsure of your condition, stay in the car and wait for emergency responders. Moving after a crash can worsen injuries that aren’t yet apparent — particularly spinal and neck injuries. If the airbag deployed, there may be some haze in the car, but that alone is not a reason to move hastily. The exception is if you see fire or smell smoke, in which case get out and move as far from traffic as possible. No insurance settlement restores mobility that was lost because an injury was aggravated by premature movement.
Will staying in my car be considered negligent?
No. Remaining in your vehicle after an accident until help arrives is entirely reasonable and will not be used against you in any legal proceeding. If you don’t feel well, staying put is the right call.
What is the first thing I should do after a car accident?
If you or anyone else is injured, call 911 immediately and give the dispatcher as much detail about your location as possible. Then call the police if they haven’t already been dispatched. While waiting for help to arrive, collect as much information as you can — names and contact information of all drivers involved, license plate numbers, insurance information, and contact details for any eyewitnesses. Take photographs of the vehicles, the scene, and any visible injuries as soon as it is safe to do so.
When the police arrive, should I talk to them?
Yes. Cooperate fully with responding officers and provide an accurate account of the facts. Stick to what you know and observed. Do not speculate about fault, admit blame, or make accusations against the other driver. A factual statement is all that is required.
Dealing With Insurance Companies
How soon should I contact my insurance company, and do I need to even if I wasn’t at fault?
Contact your insurer as soon as reasonably possible after the accident, regardless of who was at fault. Most policies require prompt notification as a condition of coverage. Stick to the facts when you report — do not offer opinions about fault or minimize your injuries. At the same time, consider retaining a personal injury attorney before you provide any detailed statement, particularly if you were injured.
Should I contact the other driver’s insurance company?
No — at least not without an attorney present or advising you first. The other driver’s insurer is not working in your interest. Their adjusters are trained to ask questions in ways that can lead to statements that undermine your claim. Even casual or seemingly innocent comments can be used to reduce or deny compensation. Let an attorney handle all communications with the opposing insurer.
I have been asked to release my medical records to the other driver’s insurance adjuster. Should I do this?
Do not release any medical records or sign any authorization without first consulting a personal injury attorney. A blanket medical records release can give the insurer access to your entire health history, which it will use to attribute your injuries to pre-existing conditions and reduce what it owes you. An attorney can negotiate a properly scoped release that protects your interests.
I feel fine. Should I go ahead and settle with the insurance adjuster?
No. Do not settle until you have been evaluated by a doctor and have a clear picture of all your injuries and their potential long-term consequences. Symptoms from whiplash, soft tissue damage, and even traumatic brain injury frequently don’t present until days after a crash. Once you accept a settlement and sign a release, that decision is permanent — you cannot return for additional compensation no matter how much your medical situation changes. Do not rush a settlement even if you are under financial pressure.
Medical Care and Documentation
If I feel fine after an accident, should I still see a doctor?
Yes. Everyone involved in a significant collision should be evaluated by a physician, even in the absence of obvious symptoms. Adrenaline and shock routinely mask pain in the immediate aftermath of a crash. A same-day medical evaluation creates a contemporaneous record connecting any injuries to the accident — a record that becomes critical evidence if symptoms develop in the days that follow. When you see the doctor, describe every symptom no matter how minor. Do not self-diagnose or downplay anything; let the physician assess it.
Is there any other information I should gather to support my claim?
Photograph everything as soon as possible — the accident scene, vehicle damage, road conditions, signage, and any visible injuries on yourself and your passengers. Evidence at accident scenes disappears quickly. Follow up with additional photographs in the days after the crash, when bruising and swelling that were not initially visible become apparent. Keep organized records of every medical visit, bill, receipt, and missed workday from the date of the accident forward.
Legal Questions
How soon after an accident should I contact an attorney?
Immediately — or as close to it as possible. The other driver’s insurer may already have a team working on the case. Evidence deteriorates. Witnesses become harder to locate. An attorney retained early can preserve evidence, advise you before you make any statements, and ensure that the legal strategy is built on a complete factual record rather than one that has been partially shaped by the opposition.
I wasn’t wearing my seatbelt when the accident happened. Can that be used against me?
In Texas, failure to wear a seatbelt cannot be used to establish negligence in a civil personal injury case. It is not admissible as evidence of fault. Your right to pursue compensation for injuries caused by another driver’s negligence is not eliminated by the fact that you were not belted at the time of the crash.
I may have contributed to the accident. What should I do?
Do not admit fault at the scene or to any insurance representative. Your perception of what happened in the immediate aftermath of a crash is often incomplete — you may not be aware of road conditions, the other driver’s speed, mechanical failures, or other contributing factors that shift or share responsibility. Texas follows a modified comparative fault rule, meaning you can still recover compensation as long as your share of fault does not exceed 50 percent. Let qualified investigators and attorneys evaluate the full picture before any fault determination is made.
I said something at the scene that wasn’t entirely accurate. Will this hurt my case?
It is common for initial statements after an accident to be incomplete. Shock, disorientation, and the chaos of the scene all affect what people recall and report in the moment. Memories become more complete and accurate in the hours and days that follow. While inconsistencies between an initial statement and a later account create challenges, an experienced personal injury attorney can contextualize those inconsistencies and present a coherent account of what actually happened.
My airbags didn’t deploy. Can I sue the car manufacturer?
Potentially, yes. Airbags are engineered to deploy under specific collision conditions defined by the manufacturer. If the crash met those conditions and the airbags failed to deploy, a products liability claim against the manufacturer may be viable. An attorney can evaluate the technical specifications and crash data to determine whether the failure constitutes a defect that supports a claim.
How long do I have to file a personal injury lawsuit in Texas?
Texas generally imposes a two-year statute of limitations on personal injury claims, running from the date of the accident. However, specific circumstances — claims involving government entities, injuries to minors, or cases where injuries were not immediately discovered — can affect that timeline. Do not assume you have the full two years without confirming the applicable deadline with an attorney. Contact us as soon as possible to make sure your rights are fully protected.
How much does it cost to speak with an attorney about my case?
Nothing. Our initial consultation and case review are completely free of charge. We handle personal injury cases on a contingency basis, which means we charge no fees unless we recover compensation for you. Call us today to discuss your situation.