Personal Injury FAQs: Common Questions After a Car Crash

A car crash can leave you with more questions than answers. Should you speak with the other driver’s insurance company? What happens if the other driver was uninsured? How do you pay medical bills while your claim is pending? What if you feel fine immediately after the crash but develop symptoms days later?

These are common concerns after a Texas car accident, and the questions are not merely academic; decisions made in the days and weeks following a collision can affect your ability to recover compensation. At Gilbert Adams Law Offices, we help injured people throughout Southeast Texas and statewide understand their legal rights and options after serious car crashes. The following answers address some of the most common questions about Texas car accidents and personal injury claims.

What Should I Do Immediately After a Car Crash in Texas?

Your first priority should be safety and medical attention. If possible, move to a safe location without leaving the scene and call 911. Cooperate with responding law enforcement officers and answer any questions asked of you.  If your condition permits, use your cell phone to snap pictures of the vehicles, roadway and accident scene, traffic signs and signals, and any visible injuries. Obtain contact and insurance information from the other driver and contact information for witnesses. Even if you do not believe you are seriously injured, consider getting medical attention. Some injuries, including concussions, soft-tissue injuries, neck and back and internal injuries, may not produce obvious symptoms immediately.

Do I Have to Call the Police After a Crash?

Texas Transportation Code 550.026 requires drivers to immediately contact the local police or sheriff after any “collision resulting in injury or death” or if the vehicle is damaged “to the extent that it cannot be normally and safely driven.” The police may investigate and possibly initiate charges relating to the collision. A police report can provide important documentation of the collision. The report may contain information about the drivers, vehicles, witnesses, road conditions, citations, and the investigating officer’s observations. While a police report is not the final word on who is legally responsible, it can be valuable evidence when dealing with insurance companies or pursuing a personal injury claim.

Should I Give the Other Driver’s Insurance Company a Statement?

You should be cautious about providing a recorded statement to the other driver’s insurance company before understanding your rights. We generally advise against it without first speaking with an attorney who specializes in accident cases.  The insurer’s adjuster may ask questions that appear routine but could later be used to dispute liability or minimize the severity of your injuries. You generally should cooperate with your own insurance company according to the requirements of your policy. However, there is an important difference between cooperating with your insurer and providing unrestricted information to an opposing insurance carrier. If you have suffered significant injuries, consulting a personal injury attorney before giving a recorded statement can help you avoid inadvertently harming your claim.

What If I Was Not Injured Immediately After the Crash?

Not all injuries are immediately apparent. Adrenaline and shock can temporarily mask symptoms, while conditions such as whiplash, traumatic brain injuries, and some soft-tissue injuries may develop or become more noticeable over the coming days. If symptoms appear after the crash, seek medical attention promptly and explain that you were recently involved in a collision. Medical records can help establish the connection between the accident and your injuries. Waiting weeks or months to seek treatment can make a claim more difficult because an insurance company may argue that the injury resulted from another event or condition.

How Long Do I Have to File a Car Accident Injury Claim in Texas?

In most Texas personal injury cases, the statute of limitations is two years from the date of the incident. This means an injured person generally must file a lawsuit within two years or risk losing the right to pursue the claim in court. However, exceptions can affect the applicable deadline, and other legal deadlines may apply depending on the circumstances. Also, evidence often disappears long before the statute of limitations expires. Witnesses may become difficult to locate, surveillance footage may be erased, and damaged vehicles may be repaired or sold. For these reasons, it is important not to wait until the deadline is approaching before discussing a serious injury claim with an attorney.

What Compensation Can I Recover After a Crash?

The damages available depend on the circumstances, severity of the injuries, and available insurance proceeds. A successful personal injury claim may provide compensation for economic and noneconomic losses. Economic damages can include medical expenses, future medical care, lost wages, and diminished earning capacity. Noneconomic damages may include physical pain, mental anguish, physical impairment, disfigurement, and loss of enjoyment of life.  A serious injury requiring extensive treatment and affecting a person’s ability to work or enjoy everyday activities may be worth substantially more than a temporary injury requiring limited treatment.

What If the Other Driver Was Uninsured?

Texas requires drivers to maintain minimum liability insurance, but not everyone complies. If the driver who caused your crash does not have insurance, you may still have options for pursuing compensation. Your own uninsured/underinsured motorist coverage may provide benefits for injuries caused by an uninsured driver, depending on your policy and the circumstances. This coverage can also become important when the at-fault driver’s insurance limits are insufficient to cover your losses. UM/UIM claims can be complicated because your own insurance company may dispute liability or the value of your injuries. An attorney who specializes in such claims can review your policy and determine whether additional coverage is available.

What If the Other Driver’s Insurance Doesn’t Cover My Damages?

A driver’s insurance policy may provide some compensation without being sufficient to cover serious injuries. For example, medical bills, lost income, and future treatment costs can quickly exceed the available liability limits after a major collision. In that situation, you may have an underinsured motorist claim under your own auto insurance policy. UIM coverage can potentially provide compensation beyond what the at-fault driver’s insurer pays, subject to the terms and limits of the policy. Before accepting a settlement from the at-fault driver’s insurance company, it is important to understand how doing so could affect your UM/UIM rights.

What If I Was Partially at Fault for the Accident?

Texas follows a comparative responsibility system. If you are partially responsible for an accident, your compensation will be reduced according to your percentage of responsibility. However, if you are found to be more than 50% responsible, you cannot recover damages from another party under Texas’s comparative responsibility rules. Insurance companies may attempt to assign a portion of the blame to an injured driver to reduce the amount they have to pay, but the facts surrounding the crash may not support their allegations. Evidence such as photographs, witness testimony, vehicle damage, traffic-camera footage, and accident reconstruction analysis can be important when liability is disputed.

Can I Still Recover Compensation If I Was Not Wearing a Seat Belt?

Failing to wear a seat belt does not necessarily mean you cannot recover compensation after a Texas car accident. However, the issue can become relevant to the extent of your injuries and the allocation of responsibility in the case. An insurance company or defendant may attempt to argue that your failure to use a seat belt contributed to your injuries. Whether that argument succeeds depends on the facts and available evidence. It is important to distinguish between causing an accident and contributing to the severity of an injury. These issues require expert testimony and careful analysis of the crash.

What If the Other Driver Had Been Drinking?

A drunk driver who causes a crash can face criminal consequences as well as civil liability for injuries and property damage. If intoxication contributed to the collision, evidence such as a police report, DWI arrest, chemical testing, witness statements, and video footage may be important. Depending on the circumstances, a victim may also be able to pursue exemplary damages when the driver’s conduct meets the legal requirements for such an award. In some cases, additional parties may have potential liability. For example, Texas law provides a framework for certain claims against businesses that unlawfully serve alcohol to obviously intoxicated individuals.

What If I Was Hit by a Commercial Driver?

If the at-fault driver was operating a vehicle for an employer, the circumstances of the driver’s employment may affect who can be held responsible. An employer may potentially be liable for an employee’s negligent conduct when the employee was acting within the scope of employment. Commercial vehicle accidents can also involve trucking companies, contractors, maintenance companies, vehicle manufacturers, and other parties. These cases often require a more extensive investigation than an ordinary passenger vehicle collision.

What Evidence Should I Save After a Car Accident?

Preserve as much information as possible. Photographs and video from the accident scene can be particularly valuable, but documentation should continue after you leave the scene. Keep medical records, bills, prescription receipts, mileage records, employer documentation concerning missed work, repair estimates, and communications with insurance companies. Do not assume that evidence will remain available indefinitely. In some cases, an attorney may need to take steps quickly to preserve vehicle data, surveillance footage, electronic records, or other evidence.

What Is a “Pain Journal”?

A personal injury journal can help document the day-to-day effects of an injury. Record pain levels, sleep problems, emotional difficulties, limitations on physical activities, missed family events, and other changes in your routine. This information can be particularly useful when pursuing compensation for pain and suffering, mental anguish, physical impairment, or loss of enjoyment of life. Medical records may document a diagnosis and treatment plan, while a journal can provide additional insight into how the injury affects your everyday life. Your journal should be truthful and factual rather than an attempt to exaggerate symptoms.

What If the Insurance Company Offers Me a Settlement?

You should carefully evaluate a settlement before accepting it. An initial offer may not account for future medical treatment, lost earning capacity, permanent impairment, or other damages that become apparent over time. Accepting a settlement requires you to sign a release giving up further claims arising from the accident. Once that happens, you cannot return to the insurer later and demand additional compensation because your injuries turned out to be more serious than expected. Before accepting a settlement after a significant injury, have the offer reviewed by an experienced personal injury attorney. The insurance company likely offered much less than your claim is worth.

Do I Need a Lawyer for a Texas Car Accident Claim?

Not every minor accident requires an attorney. However, legal representation can be particularly important when injuries are serious, liability is disputed, multiple parties are involved, an insurance company is refusing to pay fairly, or you expect long-term medical or financial consequences. An experienced personal injury attorney can investigate the collision, identify potentially responsible parties, collect evidence, calculate damages, negotiate with insurance companies, and pursue litigation when necessary. At Gilbert Adams Law Offices, we understand that every accident is different. Our goal is to help injured clients understand their options and pursue compensation based on the full extent of their losses.

How Much Is My Texas Car Accident Claim Worth?

There is no standard value for a car accident claim; the answer is different for every individual. Compensation depends on factors such as the severity and permanence of the injuries, medical expenses, lost income, liability, insurance coverage, and the effect of the injury on your life.

Get Answers to Your Car Accident Questions

A serious car crash can create complicated legal and financial questions at a time when you are already trying to recover from your injuries. Understanding your rights early can help you avoid mistakes and protect your ability to pursue compensation. Gilbert Adams Law Offices represents injured people throughout Southeast Texas and statewide. If you have been hurt in a crash and have questions about your legal rights, insurance coverage, or potential compensation, contact our office for a free consultation to discuss your case and learn how we can help.