Texas MVA Lawyer Tips: What to Do Before Leaving the Crash Site
A crash yanks you out of your routine and drops you into a moment where small decisions carry big consequences. I have stood beside people on Interstate 35 with glass crunching underfoot, on quiet neighborhood streets where a delivery van clipped a parked car, and on ranch roads where debris scattered through the mesquite. The pattern is always the same: adrenaline, confusion, and the urge to get home. Resist that urge. Texas law and practical experience both say the same thing. What you do before you leave a crash scene can shape your health, your finances, and even your freedom.
This is not theory. It is a field guide built from years of helping drivers, passengers, motorcyclists, and families unravel what happened and secure what they need to move forward. Whether you email a Texas Car Accident Lawyer the next day or never hire a lawyer at all, the steps below protect you.
First, know your legal footing in Texas
Texas Transportation Code sets a firm expectation: if a collision results in injury, death, or apparent property damage, you must stop at or return to the scene and remain long enough to exchange information and render aid. Fleeing a crash that causes injury or death is a felony. Even leaving after a clean fender bender can earn you a charge if you fail to exchange information or report when required. The threshold for “reportable” crashes in Texas is low, because property damage can be expensive. If the crash caused injury, death, or property damage that makes a vehicle unsafe to drive, call law enforcement. When in doubt, call anyway. A police report is often the anchor document your insurer and a Texas Auto Accident Lawyer will rely on to reconstruct the event.
You also have a duty to move vehicles off the roadway when it is safe. After minor collisions with operable vehicles, state guidelines ask drivers to move to the shoulder or a nearby parking area to prevent secondary crashes. Take photos first if you can do so safely. Then get out of the lanes.
Safety triage on a Texas roadway
The roadside environment in Texas can shift from sun-blasted asphalt to blinding rain in a heartbeat. Safety first is not a slogan; it is the precondition for everything else.
Start by taking stock of injuries. If anyone reports neck, back, or head pain, keep them as still as practical and call 911. Do not move someone who is unconscious or complaining of spinal pain unless there is an immediate hazard like fire or oncoming traffic. Turn on hazard lights. At night, a simple flashlight or your phone’s flashlight waved low near the ground can help approaching drivers see you. If you have flares or triangle reflectors, set them behind your vehicle with space between each one. On a curve or hill, place the rearmost device farther back than you think, because line of sight is short.
The Texas heat is also a safety factor. In summer, cabins heat quickly after a crash if engines are off and windows are up. If your vehicle is safe and operable, crack the windows, run the AC sparingly, and watch for children or pets who overheat faster than adults.
Call 911 and choose your words carefully
When you call 911, the dispatcher has two jobs: get help to you quickly and triage what kind of help. Give your precise location using mile markers, exits, cross streets, or landmarks. On rural highways, note the direction of travel and the last town you passed. Report injuries in plain terms. “Two adults, both awake, one with chest pain and trouble breathing” helps EMS allocate resources.
Avoid speculating about fault. You do not need to deliver a speech at the roadside. Stick to observable facts: where cars came to rest, whether airbags deployed, the condition of the road, and the behavior you immediately observed. Your statement to police later should be the same. If you are unsure, say so. Guessing helps nobody and can hurt you if the guess turns out wrong. A Texas Accident Lawyer can work with uncertainty. What we cannot easily fix is a roadside confession that was more assumption than fact.
Exchange information, and get more than the basics
Texas law requires you to exchange name, address, vehicle registration, and insurance. That is the minimum. In practice, you need several more pieces of data to keep your claim from bogging down later. Many people only snap a photo of an insurance card and drive away, then discover the driver was borrowing a friend’s truck and the policy has exclusions. Get the complete picture while you can.
Here is a short, field-ready checklist for what to collect before you leave:
Driver’s full name, phone number, and email address from a government ID The name of the vehicle owner, if different, with contact details Insurance company, policy number, and claim phone number on the card Vehicle make, model, color, license plate, and VIN (visible on the dashboard or door jamb) Employer information if the other driver was on the job, plus USDOT or TXDOT numbers on commercial vehicles
If the other driver refuses to share or seems impaired, do not escalate. Note the license plate and any identifying details, then step back and let law enforcement handle the exchange. Your job is not to play detective or enforcer.
Document the scene like someone will later challenge it
Cameras are memory insurance. Your phone does not need to be fancy, but your approach should be methodical. Photograph from wide angles first to capture the big picture: road layout, lane markings, traffic signals, skid marks, and final positions of the vehicles. Then move closer. Aim for a mix of photos at car-bumper height and chest height to show perspective. Snap the damage to every vehicle, even minor scuffs. If parts fall off, collect them and photograph where they landed before you pick them up.
Pay attention to the environment. Wet pavement, pooled water, sun glare, construction barrels, or gravel on a shoulder can become important. If a tree or building blocks a driver’s view at an intersection, photograph that obstruction from each driver’s perspective. If you notice a strong smell of alcohol or marijuana from the other vehicle, do not editorialize in front of the driver. Step aside and quietly tell the officer. Then take a photo of any visible containers or paraphernalia in plain view without touching anything.
Do not forget yourself. Photograph your injuries the same day and in the days that follow as bruises develop. Insurance adjusters sometimes act as if minor injuries vanish in a week. The photographic timeline tells a truer story.
Witnesses are the accelerant that gets a claim moving
In a two-car crash with a liability dispute, third-party witnesses can break the tie. People tend to drift away once the sirens fade. Stop them early, thank them for waiting, and ask if they would be willing to share what they saw. Prioritize contact information over statements. Memory fades, but a phone number allows a Texas MVA Lawyer to lock down a signed declaration later. If they give a brief statement on your phone video, capture it with a calm tone and no leading questions. Ask open prompts like, “Can you tell me what you saw from the moment before the impact to after it ended?”
If you suspect surveillance cameras from nearby businesses or homes might have captured the crash, take note. Photograph the camera locations, ask the business manager to preserve the video, and ask for the contact for whoever manages the footage. Traffic light cameras in Texas are not used for general crash reconstruction, but private cameras are gold if preserved quickly. Many systems overwrite within 24 to 72 hours.
Medical attention is not optional
Adrenaline writes checks your body cannot cash. People walk away from Texas Auto Accidents claiming they feel fine, then wake at 2 a.m. with a stabbing headache, dizziness, or a shoulder that refuses to lift. Paramedics on scene can assess and recommend Schuerger Shunnarah Trial Attorneys Texas Car Accident Lawyer https://maps.app.goo.gl/mVnPptG7HSpAvfeg7 transport. If they suggest you go, consider taking the ride. If you decline, visit an ER, urgent care, or your primary physician within 24 hours. Insurers scrutinize gaps in treatment and use them to argue your injuries were minor or unrelated.
Explain the mechanism of injury to the clinician. “Rear-end collision at approximately 35 mph, head hit the headrest, right knee struck the dash, seatbelt bruising across chest.” These notes become the foundation of medical causation. Ask for copies of discharge papers and imaging. Save every receipt, even parking and mileage. A Texas Injury Lawyer can package those expenses later, but only if you keep them.
Mind your words at the scene and afterward
Apologies are human. In Texas, the rules of evidence treat apologies differently depending on context, but in the real world, the risk is simple: an apology at the scene gets quoted back at you as an admission of fault. You can be courteous without undermining yourself. “Are you hurt?” and “I’ve called 911 and help is coming” are fine. Statements like “I didn’t see you” or “I was probably going too fast” are not.
The same caution applies later when an insurance adjuster calls. You must notify your insurer promptly and cooperate within the terms of your policy. With the other driver’s insurer, stick to basics at first: confirm that a collision occurred, share the police report number, and provide contact and vehicle details. Decline a recorded statement until you have spoken with counsel. Insurers are trained to lock in narrow descriptions of pain and activity limits during the first call, then use those against you as your symptoms evolve.
The police report is not gospel, but it is influential
Texas Peace Officer’s Crash Reports follow a structured format that captures vehicle positions, driver statements, contributing factors, citations, and sometimes a diagram. Officers arrive after the fact. They do their best with what they see and hear. If you disagree with an element, say so calmly and clearly at the scene. Ask that your statement reflect uncertainty if you do not know, and confirm key details like the lane you occupied and the direction of travel.
Later, read the finished report closely. Common issues include transposed license plates, wrong insurance carriers, passenger names misspelled, or an incorrect intersection. If you spot an error, you can request a supplemental report. Officers vary in how they handle corrections. Documentation helps. Email the officer with a short summary and supporting photos. While not every change will be made, the paper trail matters. An experienced Texas Auto Accident Lawyer knows how to contextualize an imperfect report for an adjuster or jury.
Preserve the physical and digital evidence you control
Your vehicle is a repository of proof. If airbags deployed, if the seat belt pretensioners fired, or if the event data recorder captured speed and braking, that data may help your case. Do not authorize your car’s disposal before you or your lawyer photographs it thoroughly. If the vehicle is towed to a storage lot, call that lot, get the physical address and daily storage cost, and visit within 24 to 48 hours to document it. Insurance companies sometimes move fast in total loss situations. A Texas Car Accident Lawyer can send preservation letters to keep a vehicle or its data accessible.
On the digital side, preserve your phone photos and videos in multiple places. Write down the names of every medical provider you see, even if it is just a radiology clinic inside a hospital, because records often live in separate systems. Create a simple log: dates of treatment, symptoms, missed workdays, out-of-pocket costs. It feels tedious in the moment, but it becomes the spine of a clean demand package later.
Special considerations for commercial, rideshare, and government vehicles
Crashes with commercial trucks, delivery vans, or rideshare drivers layer in extra complexity. If a truck is involved, look for the company’s name on the door, any USDOT or TXDMV numbers, and any trailer identifiers. Photograph the cargo if visible, because loaded weight can affect stopping distance. Ask whether the driver is an employee or independent contractor, and note any co-driver or supervisor who arrives. Hours-of-service, maintenance, and dispatch records can be critical, and a Texas MVA Lawyer will want to send preservation notices immediately.
With rideshare collisions, collect both the driver’s personal insurance and the rideshare platform’s information. Coverage often hinges on the driver’s app status: off-app, waiting for a ride, or en route with a passenger. The screenshots the driver has on their phone matter. If you were a passenger, take your own screenshot of the ride details.
Government vehicles introduce notice deadlines that can be as short as weeks. If a city bus, county vehicle, or state trooper car is involved, do not delay consulting a Texas Injury Lawyer. The Texas Tort Claims Act sets strict rules around notice and damages caps. The earlier you flag it, the better your options.
What not to do before you leave
Avoid moving your vehicle until you have at least one wide-angle photo that shows positions relative to lanes and landmarks, unless traffic danger makes it impossible to wait. Do not sign anything at the scene except a citation or your own medical forms. Do not agree to “settle it between us” in the parking lot if damage looks minor. I have seen a bumper cover hide thousands of dollars of structural harm and a stiff neck turn into weeks of physical therapy. Friendly arrangements collapse when repair bills arrive. A police report and a claim number are cheaper than a personal feud.
Steer clear of posting about the crash on social media. Adjusters and defense lawyers scour public posts for statements and photos that minimize injuries. The safest choice is a short note to family that you are okay and a direct call to your insurer, not a public narrative.
How a lawyer helps, and when to call
You do not need a lawyer for every Texas Auto Accident. If your car has light, cosmetic damage, you have no symptoms for several days, and the other driver’s insurer accepts responsibility quickly, you may settle property damage on your own. Where a Texas Auto Accident Lawyer earns their keep is in disputes over liability, injuries that require ongoing care, or crashes involving commercial or government entities.
An early consult can prevent missteps. Good firms offer free consultations, and many work on a contingency fee, so the call costs nothing up front. What we do in the first week often sets the tone: secure vehicle inspection before disposal, send preservation letters, find and lock down witnesses, coordinate early medical care so your treatment is documented, and manage communications so you do not box yourself in with premature statements. We also spot coverage layers that nonlawyers miss, like underinsured motorist benefits or med-pay on your own policy, or a company policy behind a personal driver.
If you are the family member of someone hurt badly, consider yourself the project manager for documentation. Keep a folder, insist on copies, and ask the hospital for the “Complete Medical Record” rather than just discharge papers. Small steps at the start shave months off claim resolution later.
A realistic picture of timelines and expectations
Property damage claims in Texas often resolve within 2 to 6 weeks if liability is clear and parts are available. Total losses can take a bit longer while valuations and lienholders get sorted. Injury claims vary widely. Soft-tissue injuries may resolve in a few months as treatment winds down. Fractures, surgeries, or traumatic brain injuries can take a year or more to understand fully. Filing a lawsuit extends the timeline but sometimes is necessary to obtain fair value. That does not mean every case goes to trial. Most settle, but serious cases deserve the runway to develop correctly.
Expect the insurer to ask for recorded statements, medical authorizations, and wage information. Provide only what is necessary and time it to your advantage. Broad, open-ended medical authorizations are a mistake. They allow the insurer to rummage through unrelated history and argue that prior issues explain your current complaints. A Texas Injury Lawyer can tailor authorizations to the relevant period and providers.
Insurance coverage you might have without realizing it
People often forget they carry valuable coverage. Pull up your auto policy and check for:
Personal Injury Protection in the typical range of 2,500 to 10,000 dollars, which pays medical bills and a portion of lost wages regardless of fault Medical Payments coverage, similar to PIP but without wage benefits Uninsured/Underinsured Motorist coverage, which steps in when the at-fault driver has little or no insurance Rental reimbursement for a temporary vehicle while yours is down
These benefits are contractual. Use them. They do not punish you with a rate hike simply for making a claim in the way at-fault liability often can. If your insurer balks, press for written explanations. A Texas Accident Lawyer can push back, but knowing you have the coverage is the first win.
For motorcyclists and bicyclists, visibility is evidence
Riders know they get blamed reflexively. If you are on two wheels, assume the argument will be that you came out of nowhere or were speeding. Your defense starts with visibility and documentation. Wear bright gear or a helmet cam if you can. After a crash, take photos of your lighting and reflective surfaces working or broken. Capture sightlines a driver had, not just the impact point. Many intersections in Texas are designed with wide turning radii that invite shallow, fast turns across bike lanes. Photograph the geometry. Juries understand pictures more than diagrams.
Children, elders, and vulnerable passengers
When kids are involved, document car seats with photos in place and after removal. Keep the seats. Many manufacturers recommend replacing them after a moderate or severe crash, and some after any crash. Insurers often reimburse for replacements. For elderly passengers or those with preexisting conditions, note baseline mobility and cognition. A simple line in your notes like, “Grandmother walked with a cane and could grocery shop for 30 minutes before resting,” provides a comparison point when post-crash function changes.
Weather, construction, and road defects
Texas weather turns routine stops into hazards. If rain or ice played a role, photograph the conditions with a time-stamp if possible. If a construction zone funneled traffic abruptly, capture signage placement and lane shifts. Contractors must follow traffic control plans. Missing or poorly placed signs can share the blame. If a pothole or broken expansion joint appears to be the culprit, photograph it with scale, like a coin or a shoe beside it, and note the exact location. Claims against government entities have tighter notice rules, but documentation keeps your options open while you consult a Texas Auto Accident Lawyer.
After you leave: the first 72 hours
Once the tow truck hooks your car and EMS clears the scene, the work is not over. Report the crash to your insurer that day or the next. Obtain the police report number and ask when the full report will be available. Schedule medical follow-ups, even if you feel better. Symptoms that improve in the morning and worsen at night matter, too. Tell your employer if you need time off and ask for documentation of missed hours or modified duties.
If your car is at a storage lot, call daily for status. Storage fees stack up, and insurers sometimes argue about responsibility. Keep every receipt. Start a simple claim file at home and a digital backup in your email or cloud drive.
A closing word from the trenches
What separates a smooth resolution from a drawn-out headache is rarely a single dramatic act. It is a handful of calm decisions taken in the first hour, and a steady follow-through in the first week. Stop safely and lawfully. Call for help. Document with an eye for detail. Mind your words. See a doctor. Preserve what can be preserved. If your injuries are more than fleeting or liability is murky, get advice from a Texas Car Accident Lawyer before you wade into recorded statements and broad medical releases.
Texas roads are busy, and accidents happen in every county, from Harris to Hidalgo. You cannot control the other driver’s choices. You can control your own. Treat the crash scene as the first chapter of a story you may have to tell months from now. Write it clearly while the ink is still wet. And if you need help turning those facts into a claim that gets you back on your feet, a seasoned Texas Auto Accident Lawyer or Texas MVA Lawyer will know how to carry it from there.