Sometimes, people get frustrated that they can’t get traction on their own for their recovery after an injury. It can be challenging to get the compensation you need to move forward without the support of a lawyer. You may be wondering what to do after a car accident that’s not your fault in Texas.
What to Do After a Car Accident That’s Not Your Fault in Texas?
After a car accident where you are not responsible for causing the accident, it’s critical you protect both your physical health and your legal rights by taking the following steps:
- Examine injuries and call 911. Under Texas Transportation Code Section 550.022, drivers must move their vehicle off the roadway if it is drivable and blocking traffic. Immediately check for any injuries. Then, call 911. Request a police report to be completed for your accident. This serves as an important, independent record of your accident to document both the injuries and the property damage sustained during your accident.
- Exchange important contact information. Do not discuss fault with anyone at the accident scene. Only ask the other driver for their full name and phone number, their address, driver’s license number, license plate, insurance provider, and insurance policy number. Provide this information to them as well. Also gather contact information from any witnesses.
- Document the accident scene. Take photographs and videos of your accident and visible injuries. Write down details like the time of day, the weather, and cross streets.
- Get medical assistance. Even if you feel okay, visit a doctor or emergency room immediately. A doctor will ask about hidden injuries like concussions, internal bleeding, or whiplash that people involved in car crashes may experience. An experienced healthcare provider can directly connect your sustained injuries to the timeline of the accident.
- Understand Texas at-fault laws. Texas relies on an at-fault system of responsibility for accident recovery, which means the driver who causes a wreck is typically responsible for the accident-related losses through their car liability insurance.
However, Texas also uses what’s called modified comparative negligence. You can recover compensation after an accident so long as an insurance company or fact-finder decides you are 50 percent or less at fault for an accident, but your payout will be reduced by your percentage of fault.
If you’re 51 percent or more at fault, you cannot recover any money for your accident. As a result, it’s critical to work with a lawyer who can build a compelling case against the other driver and argue they were at fault for your accident. - Consult an attorney. Speak with an attorney before you report your accident to any insurance company, including your own. When you partner with a lawyer, they can protect your interests.
Hire a Car Accident Lawyer: Choose The Law Office of Josh B. Maness
To hire a car accident lawyer, connect with The Law Office of Josh B. Maness. I have proudly served Harrison County since 2004. I’ve noticed that when people underestimate me, that’s their first mistake. The truth is simple: if you are facing a serious injury, you need a serious trial lawyer. Before you sign with a firm, ask: How many juries have you picked? How many cases have you actually tried?
I believe experience matters. Insurance companies know who has the stamina to go the distance, and if your lawyer won’t go to trial, you won’t get the full value you deserve for your recovery. With over 90 jury trials to my name, I don’t back down. Off the clock, I’m either operating farm equipment on my ranch or unwinding and kicking back with a cold one. I build accident cases the same way I run my Texas land: with hard work, grit, and no shortcuts.
FAQs
How Long Do I Have to File a Claim Against the at-Fault Driver in Texas?
You only have a short period of time to file a claim against an at-fault driver in Texas who has caused an accident. You have two years from the exact date of an accident to file a personal injury and/or property damage case in our Texas courts. If you miss this deadline, you are barred from bringing a claim, and you are prevented from pursuing compensation against the at-fault driver.
Could an Attorney Prove a Distracted Driver Was at Fault for My Accident?
Yes, with sufficient evidence, an attorney could build a strong case against a distracted driver and prove they were at fault for your accident. Distracted driving is a preventable cause of traffic crashes where the other driver would likely be held fully responsible.
The Texas Department of Transportation reported in 2025 that distracted drivers caused 86,384 crashes across Texas roads and over 2,437 people were seriously hurt. Sadly, distracted drivers also claimed the lives of 299 Texans.
What Does It Cost to Hire an Attorney for a Texas Car Accident?
It is challenging to provide reliable information about the cost of hiring an attorney for a Texas car accident because attorneys determine their own fee agreements. Most attorneys base their fees on their years of experience, the amount of time they expect to spend on your case, and other factors. At The Law Office of Josh B. Maness, I offer free consultations, allowing you to meet with me to discuss what’s included in my legal services.
Can I Represent Myself for a Texas Car Accident?
While you technically can represent yourself for a car accident case in Texas, many people find the process of gathering evidence in order to prove fault challenging. They may miss deadlines or cost themselves money that an experienced attorney would typically pursue. When you work with a lawyer, they understand Texas personal injury law and pursue all available compensation on your behalf.
Contact The Law Office of Josh B. Maness
My team builds every single car accident case with a rock-solid foundation of facts and top-tier professional insights, treating every valued client’s file as if it’s headed straight to a jury. My knowledge of Texas car accident laws is second to none, and as your car accident attorney, I promise to outwork whoever is representing the other side.
Contact The Law Office of Josh B. Maness for an initial case review.
