Texans drove about 314 billion miles in 2025, according to the Texas Department of Transportation. That’s a lot of cars sharing a lot of pavement. TxDOT counted 617,930 reported crashes for the year, and 3,769 people died on state roads.
Most of those drivers woke up that morning with no plan for a wreck. Almost nobody has one. And when it happens, you’re shaken, maybe hurt, and standing on the shoulder trying to think straight. This guide walks you through what to do, in order, and where people tend to slip up.
Step 1: Get safe and call the police
Check yourself and your passengers first. If anyone is hurt, call 911. If you can, move your car out of traffic.
Many drivers want to swap numbers and go. Texas law doesn’t always allow that. You must report right away if someone is hurt or killed, according to Transportation Code § 550.026. You also need to report if a car can’t be driven safely afterward. If you’re inside city limits, report to the city police. If you’re outside city limits, contact the sheriff’s office.
Even when the law doesn’t force your hand, a police report helps. It creates a neutral record of the time, place, and who was involved. Without one, it’s your word against theirs.
Step 2: Take more photos than feels normal
Your phone is your best evidence tool. Take photos of both cars from all angles. Get the road, signs, lane markings, and weather. Take photos of any broken glass or skid marks. Wide shots show the layout. Close shots show the damage.
Then find any witnesses. Ask for a name and a number. People are happy to help for about ten minutes, and then they’re gone.
Step 3: Share information, but keep your words short
Trade names, phone numbers, insurance information, and plate numbers with the other driver. Stick to the facts.
Keep your apology to yourself. For most of us, saying “sorry” is just manners, but an adjuster may read it as an admission of fault. The same goes for guesses like “I think I looked away for a second.” Say what you know and leave the rest for later.
Step 4: See a doctor, even if you feel okay
Adrenaline hides pain. Neck and back injuries, along with concussions, may appear a day or two later. If you wait three weeks to seek help, the other side’s insurer might claim something else caused it.
Getting checked out quickly helps officially link injuries to the crash. It also keeps you healthy, which is more important than any claim. Stick to the treatment plan. Missing appointments gives insurance companies another reason to question you.
Step 5: Understand the 51 percent rule
This is the part most people do not know. Texas uses comparative fault, and it is written into Civil Practice and Remedies Code § 33.001. If the party is 50% at fault or less, the party can still collect. The payout shrinks by the party’s share. If a jury finds the party 51% or more at fault, the party receives nothing.
Suppose the party’s losses are $100,000 and the party is found 20% at fault. The party would recover $80,000. At 51%, the payout is zero. Adjusters often assign fault early to limit payouts. This focus on blame can influence the adjuster’s decisions from the beginning. Each photo and witness, steps 1 and 2 ensures that you have your part.
Step 6: Think twice before giving a recorded statement
The driver’s insurer will likely call you in a day or two for a recorded statement. You are not required to give one. The call may sound friendly. The questions are designed to find flaws in your story. They might ask, “Were you in a hurry?” Did you see them before the crash?” Even if your answers are true, they could be used against you later.
Your insurance policy usually requires you to cooperate, so be honest with them. When it comes to the other side’s insurer, it’s better to speak with an attorney before saying anything.
Step 7: Keep a paper trail
Start a folder on the day of the crash, on paper or on a computer. Fill it with bills, repair estimates, rental car receipts, prescription costs and pay stubs if you are not working. Include the police report number and claim numbers for each insurance company.
Also keep a journal. Write a line each day about your pain, your sleep and what you can no longer do such, as lifting your kids or driving long distances. These details show what the crash really costs you beyond the bills.
Step 8: Watch the clock
You usually have two years from the date of the crash to file a lawsuit according to Civil Practice and Remedies Code § 16.003. That seems like a lot. It is not. Photos can be deleted; cars can be. Taken apart and people can forget. Claims against a city or county often have shorter notice deadlines, so those need extra care.
Step 9: Be careful with the first offer
Insurers usually call within days with a settlement offer. This can be a relief when bills are waiting to be paid. But no one knows what the total cost of an injury is at such an early stage. If you accept, you typically can’t get more later.
Talking to a personal injury lawyer before you accept anything costs little, and many offer free consultations. They can tell you whether the number is fair.
Every state does this a little differently
Texas isn’t the only state with quirks like the 51 percent bar. Colorado has its own fault rules, deadlines, and insurance rules. If you’re curious how a nearby state handles things, Levine Law’s page on Glendale car accident lawyers shows what the process looks like for Colorado drivers. Seeing how another state does it can make Texas rules stand out.
The bottom line
Most of what protects a claim happens before anyone talks to a lawyer. It’s the photos, the police report, the doctor’s visit, and the things you choose not to say. Do those well, and everything after gets easier.
