A car accident can change your life in an instant. One moment you are driving to work, running errands, or picking up your children — and the next, you are dealing with injuries, mounting medical bills, a damaged vehicle, and an insurance company that is more interested in protecting its bottom line than paying you what you deserve.
At Manuel Diaz Law Firm, our car accident attorneys in Dallas are dedicated to fighting for the full compensation you are owed. We handle the legal battle so you can focus on recovering.
What to Do Immediately After a Car Accident in Texas
Step 1 — Call 911
Even if injuries seem minor, call 911 immediately. A police report is essential documentation for your insurance claim and any future personal injury lawsuit. Do not leave the scene.
Step 2 — Seek Medical Attention
See a doctor as soon as possible — even if you feel fine. Many serious injuries, including whiplash, traumatic brain injuries, and internal bleeding, do not present symptoms immediately. Delaying medical care can also be used by the insurance company to argue your injuries are not serious.
Step 3 — Document the Scene
- Photograph the damage to all vehicles involved
- Photograph any visible injuries
- Photograph the road conditions, traffic signs, and skid marks
- Get the names, contact information, and insurance details of all drivers involved
- Get the names and contact information of any witnesses
Step 4 — Do Not Admit Fault
Do not apologize or admit fault at the scene — even if you think you may have contributed to the accident. Texas follows a modified comparative fault rule, and statements made at the scene can be used against you.
Step 5 — Contact a Car Accident Lawyer
Before speaking to any insurance company — including your own — contact an attorney. Insurance adjusters are trained to minimize payouts. Having legal representation from the start protects your rights and maximizes your compensation.
Types of Compensation Available in a Texas Car Accident Case
Economic Damages
- Medical expenses: emergency care, hospitalization, surgery, physical therapy, future medical costs
- Lost wages: income lost while recovering from your injuries
- Loss of earning capacity: if your injuries permanently affect your ability to work
- Property damage: the cost to repair or replace your vehicle
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (impact on your relationship with your spouse)
Punitive Damages
In cases involving gross negligence — such as drunk driving, street racing, or extremely reckless behavior — Texas courts may award punitive damages designed to punish the at-fault driver and deter similar conduct.
Texas Car Accident Laws You Need to Know
Statute of Limitations
In Texas, you generally have 2 years from the date of the accident to file a personal injury lawsuit. Missing this deadline typically means losing your right to compensation forever. Do not wait to consult an attorney.
Modified Comparative Fault
Texas follows a 51% modified comparative fault rule. This means you can recover compensation as long as you are not more than 51% at fault for the accident. However, your compensation is reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $100,000, you would recover $80,000.
Minimum Insurance Requirements in Texas
Texas requires drivers to carry minimum liability insurance of $30,000 per person and $60,000 per accident for bodily injury, plus $25,000 for property damage (30/60/25). However, these minimums are often far below the actual cost of a serious accident.
Dealing With Insurance Companies After a Car Accident
Insurance companies are businesses. Their goal is to pay you as little as possible. Common tactics they use include:
- Requesting a recorded statement to use against you later
- Offering a quick, low settlement before you know the full extent of your injuries
- Arguing that your injuries were pre-existing
- Claiming you were partially or fully at fault for the accident
Do not accept any settlement offer or sign any documents without first consulting a car accident attorney. Once you accept a settlement, you typically cannot seek additional compensation — even if your injuries turn out to be more serious than initially thought.
Frequently Asked Questions About Car Accidents in Texas
How long do I have to file a car accident claim in Texas?
You have 2 years from the date of the accident to file a personal injury lawsuit in Texas. However, it is important to act quickly — evidence disappears, witnesses’ memories fade, and insurance companies begin building their defense immediately.
What if the other driver was uninsured?
If the at-fault driver was uninsured or underinsured, you may be able to recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage if you have it. An attorney can also explore other options, such as pursuing the at-fault driver’s personal assets.
Should I accept the insurance company’s first settlement offer?
Almost never. First offers are almost always far below the true value of your claim. Once you accept a settlement and sign a release, you cannot seek additional compensation. Always consult an attorney before accepting any offer.
What if I was partially at fault for the accident?
You may still be able to recover compensation under Texas’s modified comparative fault rule, as long as you are not more than 51% at fault. Your compensation will be reduced by your percentage of fault. An attorney can help establish the facts and minimize any fault attributed to you.
How much is my car accident case worth?
Every case is different. The value depends on the severity of your injuries, the impact on your ability to work, your medical expenses, and the degree of the other driver’s negligence. At Manuel Diaz Law Firm, we offer a free case evaluation to give you a realistic picture of what your claim may be worth.
Contact a Car Accident Lawyer in Dallas Today
At Manuel Diaz Law Firm, our Dallas car accident attorneys work on a contingency fee basis — you pay nothing unless we win your case. There is no risk in calling us.
We offer a free initial consultation and serve clients throughout Dallas County, Tarrant County, Denton County, and all of North Texas. We are fully bilingual — hablamos espanol. Call (855) 900-3429 or contact us at diazlf.com.
Manuel Diaz Law Firm | 8100 John W. Carpenter Fwy, Suite 200, Dallas, TX 75247 | Serving Dallas County, Tarrant County, Denton County, and all of North Texas
