What to Do After a Car Accident in Houston: A Legal Checklist

Houston has some of the busiest and most dangerous highways in the country. From the congestion of the 610 Loop to the speed of I-45, collisions are a daily reality. When one happens your world stops — but the clock on your legal rights starts immediately, and some of those clocks run much faster than people expect.

Knowing what to do after a car accident in Houston helps you protect your health, preserve evidence, and avoid preventable insurance mistakes. This checklist covers what to do at the scene, how to document the crash, why treatment timing matters, and — critically — which Texas deadlines apply to your situation.

Quick Facts (Texas, by the numbers)

• 4,291 people were killed in Texas motor vehicle traffic crashes in 2023, a 2.70% decrease from the 4,410 deaths recorded in 2022. (Source: Texas Department of Transportation, Texas Motor Vehicle Traffic Crash Facts, Calendar Year 2023.)

• Texas has recorded at least one traffic fatality every day since November 7, 2000. (Source: Texas Department of Transportation, 2023 Crash Statistics)

• Most Texas personal injury lawsuits, including car wreck cases, must generally be filed within 2 years under Tex. Civ. Prac. & Rem. Code § 16.003(a) — but shorter deadlines apply if a governmental unit is involved. See the deadlines section below.

At The Demerson Firm, we handle Houston car accident claims with systems and speed — but the rules come from Texas law, and the steps below are designed to help you protect both your claim and your recovery.

1. Immediate Steps: Safety and the Law in Harris County

In the first minutes after a Houston crash, the safest and most legally protective move is to get to a safe location, call 911, and make sure the collision is properly reported. Claims frequently turn on early documentation and on compliance with the basic duties Texas law imposes at the scene.

What should I do first if the crash is blocking traffic on I-45 or the 610 Loop?

Check yourself and your passengers for injuries first. If it is safe, move your vehicle out of the flow of traffic — in Houston, a minor fender bender can become a multi-car pileup if you sit stationary in a live lane.

Texas Transportation Code § 550.026 requires an immediate report of an accident resulting in injury, death, or damage that makes a vehicle unsafe to drive. Even when damage looks minor, call the police. The crash report is a cornerstone piece of evidence, and without one the dispute becomes one account against another.

What information do I have to exchange — and what should I avoid saying?

Texas Transportation Code § 550.023 requires you to give your name and address, your vehicle registration number, and — on request — your driver's license, and to render reasonable assistance to anyone injured. Do that. Be professional, and be careful past that point.

The practical rule: avoid apologizing or speculating about fault at the scene. "I'm sorry" or "I didn't see you" feels like ordinary courtesy in the moment, but under Texas proportionate responsibility rules those statements get used to argue you contributed to the crash — and every percentage point of fault costs money.

2. Evidence: Building Your Case at the Scene

Capture clear photos, identify witnesses, and preserve details before they disappear. These cases are usually decided by documentation, and insurers dispute liability or minimize injuries most successfully when the scene evidence is thin.

What photos should I take at a Houston car accident scene?

Photograph everything, not just the dent in your door. You want a comprehensive visual record:

• The Vehicles: Damage to every car involved, from multiple angles, including license plates.

• The Scene: Traffic signs, signals, road obstructions, debris fields, and skid marks.

• The Context: Weather, lighting, and any nearby construction or lane closures.

• The Injuries: Any visible cuts, bruises, or trauma — and again a few days later, since bruising develops.

Who counts as a witness, and what should I ask them for?

Anyone who stopped. Get names and phone numbers on the spot, because independent witnesses have nothing at stake and their accounts carry real weight when the other driver's story changes later. Officers do not always canvass for witnesses at a busy scene.

What if the crash report is wrong?

Document the error immediately and gather proof — photos, dashcam, witness details. Corrections go through the investigating agency's records division rather than TxDOT, which is only the custodian of the finished report. Our guide to challenging an inaccurate police report walks through the process, and explains why the commonly recommended CR-2 "Blue Form" is no longer a real option.

3. Why Medical Attention Is Non-Negotiable

Get evaluated as soon as possible even if you feel fine. Many injuries surface later, and treatment timing is one of the first things an insurer attacks when disputing causation and damages.

Why do some injuries show up a day or two later?

After a crash your body floods with adrenaline and cortisol, which mask pain so you can function through a crisis. A herniated disc, internal bleeding, or a traumatic brain injury can go unnoticed for 24 to 48 hours — which is exactly when people tell an adjuster they feel fine.

How does a gap in treatment hurt a Texas injury claim?

Wait five days to see a doctor and the carrier will argue the injuries came from somewhere else. It is called a gap in treatment, and it is used to devalue otherwise solid claims. Get evaluated promptly, then follow through on the treatment plan — consistency is what makes an injury claim credible.

For more on this, see our guide to delayed injuries after a car accident.

4. Dealing with Insurance: The Pitfalls

When insurers call, share only basic facts, decline recorded statements, and hold off on settlement decisions until you understand your medical picture. Claims are most often reduced through early, friendly-sounding conversations.

Should I give the other driver's adjuster a recorded statement?

Politely decline. Texas law imposes no obligation to give a recorded statement to the at-fault driver's insurer, and the questions are built to produce admissions of partial fault or minimized injuries. Our guide to recorded statements after a Texas car accident covers what to say instead, and how your own carrier's cooperation clause is different.

What about a quick settlement check in the first week?

An early check can look substantial when bills are arriving, but it is priced on what is known in week one. Once you sign the release, the claim is over — including for the surgery you might need six months from now. There is no reopening it.

5. The Deadlines That Actually Apply

Most people know about the two-year rule. Far fewer know that it is not the only deadline, and that some of the others expire in a fraction of the time. This is the section of this checklist most likely to save a claim.

The general rule: two years

Under Tex. Civ. Prac. & Rem. Code § 16.003(a), suit for personal injury must be filed within two years of the date the cause of action accrues — normally the date of the crash. If the collision caused a death, § 16.003(b) allows two years from the date of death. Negotiating with an insurer does not pause this clock, and the carrier is under no obligation to remind you it is running.

If a government vehicle or property is involved: six months, or less

This is the trap. If your crash involved a city or county vehicle, a METRO bus, a school district vehicle, a state agency, or a dangerous road condition maintained by a governmental unit, the Texas Tort Claims Act applies. Under Tex. Civ. Prac. & Rem. Code § 101.101(a), the governmental unit is entitled to written notice of your claim not later than six months after the incident, reasonably describing the injury, the time and place, and the incident itself.

It gets shorter inside the city. Section 101.101(b) expressly ratifies shorter notice periods set by a city charter, and the City of Houston's charter requires written, verified notice within 90 days. A claim against the City can therefore be dead three months after the wreck while you are still comfortably inside what you believe is a two-year window. If any government entity might be involved in your crash, get that assessed in the first weeks — not the first year.

When the clock runs longer

Under Tex. Civ. Prac. & Rem. Code § 16.001, limitations does not run while an injured person is under 18, so a child's own claim generally survives until two years after their eighteenth birthday. That does not extend a parent's separate claim for the child's medical expenses, which is a distinction that catches families out. Texas also recognizes a discovery rule in narrow circumstances where an injury was not and could not reasonably have been discovered — it is applied sparingly and is not something to rely on.

Your own policy has deadlines too. Most require prompt notice of a claim as a condition of coverage, and that obligation comes from your contract rather than a statute. It is usually far shorter than two years.

6. When to Get a Lawyer Involved

If your crash involves disputed fault, serious injuries, a governmental unit, or pushback from an insurer, getting legal help early protects evidence and keeps the deadlines from becoming the problem. For a minor property-damage-only claim, many people handle it themselves and that is a reasonable choice.

Christopher Demerson and The Demerson Firm help clients with the practical side of an injury claim: getting the right records, keeping treatment documentation consistent, and responding to insurer requests without damaging the case. We keep the caseload deliberately small so that work actually gets done on each file rather than queued behind a hundred others.

If you want to understand your options, start with a detailed injury case review, or call (346) 344-2007.

Frequently Asked Questions

What should I do after a car accident in Texas?

Start with safety and documentation: check for injuries, call 911, move to a safer spot if you can, and exchange the information § 550.023 requires without debating fault. Then photograph the scene, get witness contact information, and see a doctor. For next steps, see our FAQs on motor vehicle accident claims.

How long do I have to file a Texas car accident lawsuit?

Generally two years under Tex. Civ. Prac. & Rem. Code § 16.003(a). But if a governmental unit is involved, written notice is due within six months under § 101.101(a) — and within 90 days for a claim against the City of Houston. Those are the deadlines that actually end claims, because people do not know they exist.

Can I still get compensation if I was partly at fault?

Yes. Texas uses modified comparative fault under Tex. Civ. Prac. & Rem. Code § 33.001. If your share of responsibility is greater than 50% you recover nothing; if it is 50% or less, your recovery is reduced by that percentage. Found 20% responsible on $100,000 in damages, you recover $80,000. This is why early evidence matters so much.

How do I get a copy of my Houston crash report?

Texas Peace Officer's Crash Reports (CR-3) are purchased through the Texas Department of Transportation's Crash Report Online Purchase System once the report is available. TxDOT is the custodian of crash records for the state. Standard copies are $6 and certified copies are $8. Under Tex. Transp. Code § 550.065, anyone involved in the crash — and their authorized representative — may obtain one. (Source: TxDOT Crash Reports & Records)

Do I have to talk to the other driver's insurance company?

You do not have to give the at-fault driver's insurer a recorded statement. Provide basic identifying information, but be cautious with detailed narratives before you have reviewed the crash report and been medically evaluated. Recorded statements are routinely used later to argue inconsistent injuries or partial fault.

What damages can I recover after a Houston car accident?

Medical expenses, lost income and earning capacity, property damage, and non-economic damages such as physical pain, impairment, and mental anguish. Exemplary damages are available in narrow circumstances involving gross negligence. Note that Tex. Civ. Prac. & Rem. Code § 41.0105 limits recovery of medical expenses to the amount actually paid or incurred, so the billed total is not the recoverable figure.

Conclusion

A car accident in Houston can change your life in a heartbeat, and what you do in the following hours and days affects your health, your documentation, and the strength of any claim. Get medical care, document everything, decline the recorded statement, and find out early whether a short government notice deadline applies to your crash.

If you are dealing with disputed fault, mounting medical bills, or an insurer that has gone quiet, it may help to talk with someone who handles these claims. The Demerson Firm offers a structured process from the initial accident consultation through resolution, so you can make informed decisions.

Call (346) 344-2007 or visit demersonlegal.com. The Demerson Firm, PLLC, 8323 SW Freeway, Ste. 415, Houston, TX 77074. We handle crash matters in Harris, Fort Bend, Montgomery, Brazoria, and Galveston Counties.

This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship with The Demerson Firm, PLLC. Texas law changes, and the outcome of any claim depends on its specific facts. Deadlines in particular vary with who the defendant is and are unforgiving — speak with a licensed Texas attorney about your own situation rather than relying on a general article.

Houston has some of the busiest and most dangerous highways in the country. From the congestion of the 610 Loop to the speed of I-45, collisions are a daily reality. When one happens your world stops — but the clock on your legal rights starts immediately, and some of those clocks run much faster than people expect.

Knowing what to do after a car accident in Houston helps you protect your health, preserve evidence, and avoid preventable insurance mistakes. This checklist covers what to do at the scene, how to document the crash, why treatment timing matters, and — critically — which Texas deadlines apply to your situation.

Quick Facts (Texas, by the numbers)

• 4,291 people were killed in Texas motor vehicle traffic crashes in 2023, a 2.70% decrease from the 4,410 deaths recorded in 2022. (Source: Texas Department of Transportation, Texas Motor Vehicle Traffic Crash Facts, Calendar Year 2023.)

• Texas has recorded at least one traffic fatality every day since November 7, 2000. (Source: Texas Department of Transportation, 2023 Crash Statistics)

• Most Texas personal injury lawsuits, including car wreck cases, must generally be filed within 2 years under Tex. Civ. Prac. & Rem. Code § 16.003(a) — but shorter deadlines apply if a governmental unit is involved. See the deadlines section below.

At The Demerson Firm, we handle Houston car accident claims with systems and speed — but the rules come from Texas law, and the steps below are designed to help you protect both your claim and your recovery.

1. Immediate Steps: Safety and the Law in Harris County

In the first minutes after a Houston crash, the safest and most legally protective move is to get to a safe location, call 911, and make sure the collision is properly reported. Claims frequently turn on early documentation and on compliance with the basic duties Texas law imposes at the scene.

What should I do first if the crash is blocking traffic on I-45 or the 610 Loop?

Check yourself and your passengers for injuries first. If it is safe, move your vehicle out of the flow of traffic — in Houston, a minor fender bender can become a multi-car pileup if you sit stationary in a live lane.

Texas Transportation Code § 550.026 requires an immediate report of an accident resulting in injury, death, or damage that makes a vehicle unsafe to drive. Even when damage looks minor, call the police. The crash report is a cornerstone piece of evidence, and without one the dispute becomes one account against another.

What information do I have to exchange — and what should I avoid saying?

Texas Transportation Code § 550.023 requires you to give your name and address, your vehicle registration number, and — on request — your driver's license, and to render reasonable assistance to anyone injured. Do that. Be professional, and be careful past that point.

The practical rule: avoid apologizing or speculating about fault at the scene. "I'm sorry" or "I didn't see you" feels like ordinary courtesy in the moment, but under Texas proportionate responsibility rules those statements get used to argue you contributed to the crash — and every percentage point of fault costs money.

2. Evidence: Building Your Case at the Scene

Capture clear photos, identify witnesses, and preserve details before they disappear. These cases are usually decided by documentation, and insurers dispute liability or minimize injuries most successfully when the scene evidence is thin.

What photos should I take at a Houston car accident scene?

Photograph everything, not just the dent in your door. You want a comprehensive visual record:

• The Vehicles: Damage to every car involved, from multiple angles, including license plates.

• The Scene: Traffic signs, signals, road obstructions, debris fields, and skid marks.

• The Context: Weather, lighting, and any nearby construction or lane closures.

• The Injuries: Any visible cuts, bruises, or trauma — and again a few days later, since bruising develops.

Who counts as a witness, and what should I ask them for?

Anyone who stopped. Get names and phone numbers on the spot, because independent witnesses have nothing at stake and their accounts carry real weight when the other driver's story changes later. Officers do not always canvass for witnesses at a busy scene.

What if the crash report is wrong?

Document the error immediately and gather proof — photos, dashcam, witness details. Corrections go through the investigating agency's records division rather than TxDOT, which is only the custodian of the finished report. Our guide to challenging an inaccurate police report walks through the process, and explains why the commonly recommended CR-2 "Blue Form" is no longer a real option.

3. Why Medical Attention Is Non-Negotiable

Get evaluated as soon as possible even if you feel fine. Many injuries surface later, and treatment timing is one of the first things an insurer attacks when disputing causation and damages.

Why do some injuries show up a day or two later?

After a crash your body floods with adrenaline and cortisol, which mask pain so you can function through a crisis. A herniated disc, internal bleeding, or a traumatic brain injury can go unnoticed for 24 to 48 hours — which is exactly when people tell an adjuster they feel fine.

How does a gap in treatment hurt a Texas injury claim?

Wait five days to see a doctor and the carrier will argue the injuries came from somewhere else. It is called a gap in treatment, and it is used to devalue otherwise solid claims. Get evaluated promptly, then follow through on the treatment plan — consistency is what makes an injury claim credible.

For more on this, see our guide to delayed injuries after a car accident.

4. Dealing with Insurance: The Pitfalls

When insurers call, share only basic facts, decline recorded statements, and hold off on settlement decisions until you understand your medical picture. Claims are most often reduced through early, friendly-sounding conversations.

Should I give the other driver's adjuster a recorded statement?

Politely decline. Texas law imposes no obligation to give a recorded statement to the at-fault driver's insurer, and the questions are built to produce admissions of partial fault or minimized injuries. Our guide to recorded statements after a Texas car accident covers what to say instead, and how your own carrier's cooperation clause is different.

What about a quick settlement check in the first week?

An early check can look substantial when bills are arriving, but it is priced on what is known in week one. Once you sign the release, the claim is over — including for the surgery you might need six months from now. There is no reopening it.

5. The Deadlines That Actually Apply

Most people know about the two-year rule. Far fewer know that it is not the only deadline, and that some of the others expire in a fraction of the time. This is the section of this checklist most likely to save a claim.

The general rule: two years

Under Tex. Civ. Prac. & Rem. Code § 16.003(a), suit for personal injury must be filed within two years of the date the cause of action accrues — normally the date of the crash. If the collision caused a death, § 16.003(b) allows two years from the date of death. Negotiating with an insurer does not pause this clock, and the carrier is under no obligation to remind you it is running.

If a government vehicle or property is involved: six months, or less

This is the trap. If your crash involved a city or county vehicle, a METRO bus, a school district vehicle, a state agency, or a dangerous road condition maintained by a governmental unit, the Texas Tort Claims Act applies. Under Tex. Civ. Prac. & Rem. Code § 101.101(a), the governmental unit is entitled to written notice of your claim not later than six months after the incident, reasonably describing the injury, the time and place, and the incident itself.

It gets shorter inside the city. Section 101.101(b) expressly ratifies shorter notice periods set by a city charter, and the City of Houston's charter requires written, verified notice within 90 days. A claim against the City can therefore be dead three months after the wreck while you are still comfortably inside what you believe is a two-year window. If any government entity might be involved in your crash, get that assessed in the first weeks — not the first year.

When the clock runs longer

Under Tex. Civ. Prac. & Rem. Code § 16.001, limitations does not run while an injured person is under 18, so a child's own claim generally survives until two years after their eighteenth birthday. That does not extend a parent's separate claim for the child's medical expenses, which is a distinction that catches families out. Texas also recognizes a discovery rule in narrow circumstances where an injury was not and could not reasonably have been discovered — it is applied sparingly and is not something to rely on.

Your own policy has deadlines too. Most require prompt notice of a claim as a condition of coverage, and that obligation comes from your contract rather than a statute. It is usually far shorter than two years.

6. When to Get a Lawyer Involved

If your crash involves disputed fault, serious injuries, a governmental unit, or pushback from an insurer, getting legal help early protects evidence and keeps the deadlines from becoming the problem. For a minor property-damage-only claim, many people handle it themselves and that is a reasonable choice.

Christopher Demerson and The Demerson Firm help clients with the practical side of an injury claim: getting the right records, keeping treatment documentation consistent, and responding to insurer requests without damaging the case. We keep the caseload deliberately small so that work actually gets done on each file rather than queued behind a hundred others.

If you want to understand your options, start with a detailed injury case review, or call (346) 344-2007.

Frequently Asked Questions

What should I do after a car accident in Texas?

Start with safety and documentation: check for injuries, call 911, move to a safer spot if you can, and exchange the information § 550.023 requires without debating fault. Then photograph the scene, get witness contact information, and see a doctor. For next steps, see our FAQs on motor vehicle accident claims.

How long do I have to file a Texas car accident lawsuit?

Generally two years under Tex. Civ. Prac. & Rem. Code § 16.003(a). But if a governmental unit is involved, written notice is due within six months under § 101.101(a) — and within 90 days for a claim against the City of Houston. Those are the deadlines that actually end claims, because people do not know they exist.

Can I still get compensation if I was partly at fault?

Yes. Texas uses modified comparative fault under Tex. Civ. Prac. & Rem. Code § 33.001. If your share of responsibility is greater than 50% you recover nothing; if it is 50% or less, your recovery is reduced by that percentage. Found 20% responsible on $100,000 in damages, you recover $80,000. This is why early evidence matters so much.

How do I get a copy of my Houston crash report?

Texas Peace Officer's Crash Reports (CR-3) are purchased through the Texas Department of Transportation's Crash Report Online Purchase System once the report is available. TxDOT is the custodian of crash records for the state. Standard copies are $6 and certified copies are $8. Under Tex. Transp. Code § 550.065, anyone involved in the crash — and their authorized representative — may obtain one. (Source: TxDOT Crash Reports & Records)

Do I have to talk to the other driver's insurance company?

You do not have to give the at-fault driver's insurer a recorded statement. Provide basic identifying information, but be cautious with detailed narratives before you have reviewed the crash report and been medically evaluated. Recorded statements are routinely used later to argue inconsistent injuries or partial fault.

What damages can I recover after a Houston car accident?

Medical expenses, lost income and earning capacity, property damage, and non-economic damages such as physical pain, impairment, and mental anguish. Exemplary damages are available in narrow circumstances involving gross negligence. Note that Tex. Civ. Prac. & Rem. Code § 41.0105 limits recovery of medical expenses to the amount actually paid or incurred, so the billed total is not the recoverable figure.

Conclusion

A car accident in Houston can change your life in a heartbeat, and what you do in the following hours and days affects your health, your documentation, and the strength of any claim. Get medical care, document everything, decline the recorded statement, and find out early whether a short government notice deadline applies to your crash.

If you are dealing with disputed fault, mounting medical bills, or an insurer that has gone quiet, it may help to talk with someone who handles these claims. The Demerson Firm offers a structured process from the initial accident consultation through resolution, so you can make informed decisions.

Call (346) 344-2007 or visit demersonlegal.com. The Demerson Firm, PLLC, 8323 SW Freeway, Ste. 415, Houston, TX 77074. We handle crash matters in Harris, Fort Bend, Montgomery, Brazoria, and Galveston Counties.

This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship with The Demerson Firm, PLLC. Texas law changes, and the outcome of any claim depends on its specific facts. Deadlines in particular vary with who the defendant is and are unforgiving — speak with a licensed Texas attorney about your own situation rather than relying on a general article.