Road accidents can happen without warning, leaving victims injured, shaken, and uncertain about their next steps. Whether the accident involves a vehicle, pedestrian, or cyclist, acting quickly can protect your health, legal rights, and ability to recover compensation under Texas law.
Understanding your legal responsibilities and documenting the incident properly is critical. A Houston car accident lawyer can help you navigate insurance claims, preserve evidence, and pursue the compensation you deserve while you focus on recovery.
1. Prioritize Safety First
The most critical step after any road accident is ensuring the safety of everyone involved.
- Move out of traffic if possible.
- Turn on hazard lights, set up warning triangles, or use flares to alert oncoming traffic.
- Check yourself and others for injuries. If someone is hurt, call 911 immediately.
Even minor injuries should be checked by a medical professional, as some trauma, like whiplash or internal injuries, may not be immediately visible. Quick medical attention not only safeguards health but also strengthens future legal and insurance claims.
2. Call Law Enforcement
In Texas, certain accidents legally require police notification. Under Texas Transportation Code §§550.021 – 550.023, drivers must follow specific steps to comply with the law and protect their rights. Even seemingly minor accidents can lead to disputes, insurance complications, or potential legal issues, so proper documentation and understanding your responsibilities are critical. Key requirements include:
- Injury or death: Drivers must stop, provide aid, and report the incident to authorities.
- Property damage: Drivers must exchange information; a report may be required if damages exceed a set amount.
- Official documentation: Police are authorized to investigate, gather statements, and prepare a crash report.
Taking these steps ensures there is an official record of the accident, which can prevent misunderstandings or disputes about fault and protect your legal position. Many accident victims find that professional guidance is invaluable at this stage to fully understand their rights and next steps.
3. Avoid Common Mistakes at the Scene
Many accident victims unintentionally harm their case by what they say or do immediately after the crash. Avoid the following:
- Admitting fault: Texas follows a modified comparative negligence system, meaning admitting blame can impact your compensation.
- Speculating or arguing: Leave fault determination to police and insurance adjusters.
- Over-sharing with insurers or the other party: Only provide factual information. Let your lawyer handle complex communications.
- Posting on social media: Even innocent posts can be used against you in insurance or legal proceedings.
Being cautious at the scene helps preserve your rights and your future claim.
4. Document Everything
Evidence from the accident scene is crucial, especially if there are injuries, property damage, or disputed liability.
- Take clear photos of all vehicles, damage, debris, and road conditions.
- Capture skid marks, traffic signs, or intersections involved.
- Collect witness names and contact details.
- Record the time, date, weather, and any other relevant factors.
Detailed documentation strengthens insurance claims and any potential personal injury case. If a Houston personal injury lawyer becomes involved, this evidence will be invaluable.
5. Exchange Information With Other Parties
Exchange essential information with all involved parties, including:
- Full names and contact information
- Insurance carrier and policy number
- Driver’s license number
- Vehicle make, model, and license plate number
- Witness names and contacts
Even in pedestrian or bicycle accidents, collecting this information helps when filing insurance claims or legal actions.
6. Seek Medical Attention Promptly
Medical evaluation is critical after any road accident.
- Some injuries are not immediately apparent.
- Medical records provide a documented link between your injuries and the accident.
- Prompt treatment protects your health and supports compensation claims.
For pedestrians and cyclists, immediate medical attention is especially important due to higher risks of severe injury.
7. Notify Your Insurance Provider
Texas law requires drivers to maintain liability insurance, and notifying your insurer promptly is essential.
- Provide factual details about the accident without admitting fault.
- Submit photos, witness information, and the police report if available.
- Keep a copy of all correspondence for your records.
A Houston personal injury lawyer can review communications and ensure you do not inadvertently compromise your claim.
8. Track Financial and Personal Losses
Accident-related costs can go beyond immediate medical bills or vehicle repair. Keep detailed records of:
- Hospital and doctor bills
- Vehicle repair estimates or replacement costs
- Prescription medications and therapy expenses
- Lost wages or reduced earning capacity
- Other related expenses, like transportation or childcare
These records are essential if you pursue compensation through insurance or legal action.
9. Know Your Legal Rights in Texas
Texas has specific laws affecting accident victims:
- Statute of Limitations: Personal injury claims must generally be filed within 2 years of the accident (Texas Civil Practice & Remedies Code §16.003).
- Comparative Fault System: Texas applies a 51% bar rule; if you are more than 50% at fault, you may not recover damages.
- Pedestrian & Cyclist Rights: Drivers must yield in crosswalks and share the road with cyclists (Texas Transportation Code §552.006).
- Commercial Vehicle Accidents: Special regulations apply to trucking and company vehicle collisions.
Understanding these rules can prevent mistakes that affect compensation.
10. When to Consult a Houston Personal Injury Lawyer
Not all accidents require a lawyer, but you should contact an attorney if:
- There are serious or permanent injuries
- Fault is disputed
- A commercial or uninsured driver is involved
- There is a hit-and-run
- Insurance is delaying or denying claims
A Houston personal injury lawyer can:
- Investigate the accident thoroughly
- Handle communications with insurance companies
- Evaluate damages and calculate fair compensation
- Represent you in court if needed
Consulting our experienced lawyer ensures your rights are protected and increases the likelihood of receiving full compensation.
11. Take Control of Your Recovery and Legal Rights
Road accidents have immediate and long-term consequences. Acting promptly, documenting evidence, and consulting a qualified Lakhani & McGrath can protect your health, legal standing, and finances.
Don’t wait; getting professional guidance early can simplify the claims process, reduce stress, and safeguard your future.
