WHAT TO DO AFTER A CAR ACCIDENT IN AUSTIN TX

Step 1: Step 1: Check for Injuries and Call 911

Your safety and the safety of others comes first. Before anything else:

• Stay at the scene — leaving the scene of an accident involving injury is a criminal offense in Texas.
• Check yourself and passengers for injuries. Adrenaline can mask pain — do not assume you're uninjured just because you feel okay.
• Call 911 even for minor accidents. Texas law requires reporting accidents involving injury, death, or property damage exceeding $1,000. An Austin Police Department or TxDPS report is critical evidence in your insurance claim and any lawsuit.
• Move to safety if the vehicles are blocking traffic and it's safe to do so. Turn on hazard lights and set out flares or reflective triangles if available.

Critical warning: Never tell a responding officer "I'm fine" or "it was my fault." Stick to the facts of what happened. Admissions of fault and statements minimizing injuries are used against you.

Step 2: Step 2: Document the Scene — Every Detail Matters

The minutes immediately after a crash are your best opportunity to gather evidence that may be unavailable later. Use your phone camera to document:

• All vehicles involved — every angle, front, rear, sides, damage close-ups, license plates
• The road and environment — lane markings, traffic signals, skid marks, debris, weather and lighting conditions
• The other driver's information — license, insurance card, license plate, vehicle registration, and contact information
• Witnesses — get names and phone numbers from everyone who saw the crash before they leave
• Your injuries — photograph any visible injuries immediately and continue documenting as they develop over the following days
• Traffic camera and dashcam footage locations — note nearby businesses, traffic lights, and intersections with cameras before the footage is overwritten

Austin-specific tip: Austin has an extensive traffic camera network on major corridors. Video footage from TxDOT and City of Austin cameras is often overwritten within 24–72 hours. Your attorney can send immediate preservation requests to hold this footage.

Step 3: Step 3: Get Medical Attention — The Same Day

Even if you feel okay, see a doctor the same day as your accident. This is not optional — it is critical for both your health and your legal claim.

Why same-day medical care matters:

Many serious injuries — traumatic brain injuries, spinal injuries, internal bleeding, and soft tissue damage — don't produce obvious symptoms immediately. Adrenaline and shock mask pain. Symptoms often worsen over 24–72 hours.

The insurance company gap argument: If you wait days or weeks to seek treatment, insurance adjusters will argue that your injuries weren't serious, weren't caused by the accident, or that you failed to mitigate your damages. A gap in treatment — even a few days — is one of the most commonly used tactics to minimize settlement values.

Go to an Austin emergency room, urgent care, or primary care physician and be specific and complete about all symptoms — headache, neck pain, back pain, dizziness, numbness, difficulty concentrating. These go in your medical record and establish the connection between the accident and your injuries.

Step 4: Step 4: Report to Your Insurance — But Be Careful What You Say

Texas law requires you to report a car accident to your insurer promptly. However, how you do it matters.

Do:

• Report the accident promptly — your policy likely requires it
• Give the basic facts: date, time, location, vehicles involved
• Tell them you were injured and are seeking medical attention

Don't:

• Give a recorded statement to the other driver's insurer without an attorney — you are not required to do this
• Accept a settlement offer before you know the full extent of your injuries
• Sign any medical authorization forms from the other insurer — these can be used to access your full medical history looking for pre-existing conditions

Texas is a comparative fault state. Both insurers are looking for ways to assign you a portion of the fault — even small statements like "I didn't see them" can be used against you.

Step 5: Step 5: Do NOT Accept the First Settlement Offer

Insurance companies often make quick settlement offers — sometimes within days of a serious accident. These offers are almost always a fraction of the full value of your claim.

Why early offers are dangerous:

• You may not yet know the full extent of your injuries — some conditions take weeks to fully manifest
• You haven't accounted for future medical care — physical therapy, surgery, or ongoing treatment
• You haven't calculated lost earning capacity if the injury affects your ability to work long-term
• The offer doesn't include adequate compensation for pain and suffering

The Texas numbers: Austin car accident victims who retain an attorney recover an average of 3–5 times more than those who negotiate alone. The contingency fee structure means attorneys only get paid when you win — there is no upfront cost to having professional representation.

Once you accept a settlement and sign a release, you generally cannot reopen your claim — even if your injuries turn out to be far worse than initially believed.

Step 6: Step 6: Know Texas's Fault and Limitations Rules

Two-year statute of limitations: Texas gives you two years from the date of the accident to file a personal injury lawsuit. Missing this deadline permanently bars your claim — no exceptions. This clock starts running immediately.

Modified comparative fault: Texas allows you to recover even if you were partially at fault — as long as your percentage of fault is less than 51%. Your award is reduced by your percentage. If you were 20% at fault and your damages are $100,000, you recover $80,000. Insurance companies manipulate comparative fault to reduce payouts — an attorney fights to minimize any fault attributed to you.

Minimum insurance requirements: Texas requires drivers to carry at least $30,000/$60,000 bodily injury liability — but many drivers carry the minimum or are uninsured. If the at-fault driver can't cover your damages, your own uninsured/underinsured motorist (UM/UIM) coverage may apply. An attorney identifies all available coverage sources.

Step 7: Step 7: Contact an Austin Car Accident Attorney

The single most important step you can take after a serious car accident is retaining an experienced Austin car accident attorney — and doing it quickly. Here's why:

Evidence preservation: Attorneys immediately send preservation letters to businesses, governments, and individuals who may have relevant video footage, accident reports, or physical evidence. Many of these sources destroy evidence on routine schedules — often within days.

Insurance company communications: Once you retain an attorney, all communications with the insurance companies go through them. This stops the pressure calls, the premature settlement pushes, and the inadvertent statements that can harm your claim.

Medical documentation: Your attorney coordinates with your medical providers to ensure your treatment is fully documented and that the connection to the accident is clearly established in your records.

Full damage calculation: An attorney accounts for every element of your damages — current and future medical costs, lost wages, reduced earning capacity, pain and suffering, and any applicable punitive damages — before any settlement is considered.

Contingency fee: Austin car accident attorneys work on contingency — you pay nothing upfront and owe nothing if they don't win your case.