Being involved in a car accident can be overwhelming, and many drivers are unsure about the proper steps to take immediately afterward.
If you’ve been in a car accident in San Antonio, the actions you take in the first few minutes are important for your safety, legal protection, and insurance claim. Texas has specific laws that require drivers to take certain steps after a collision, and not following them can result in serious legal trouble.
Here’s exactly what you need to do, step by step.
Step 1: Stop Your Car Immediately (It’s the Law)
This isn’t optional. Texas Transportation Code Section 550.021 and Section 550.022 require you to stop at the scene of any collision, no matter how minor it seems. You must stop at the scene or as close as safely possible.
The law says you need to stop “without obstructing traffic more than is necessary.” So if your cars are drivable and blocking traffic, move them to the shoulder or a nearby parking lot. But if anyone looks hurt or moving the cars seems dangerous, leave everything exactly where it is until help arrives.
Here’s what you absolutely cannot do: Leave the scene. Even if the other driver waves you off and says “don’t worry about it,” you could face criminal charges for leaving. If someone was injured and you leave, you’re looking at felony charges, up to five years in prison, and fines up to $5,000.
Step 2: Figure Out If You Need to Call Police
Not every fender-bender requires police, but Texas Transportation Code Section 550.026 is clear about when you must call them immediately.
- Anyone was injured or killed (even if they say they’re “fine”)
- Any car can’t be driven safely
- Property damage looks like it could be $1,000 or more (and it adds up faster than you think)
Where to call depends on where you are:
- Inside San Antonio city limits? Call SAPD
- Within 100 feet of the city limits? Call either SAPD or Bexar County Sheriff
- Anywhere else? Sheriff’s office or DPS
Don’t try to guess if damage hits that $1,000 mark. Modern car repairs are expensive—a bumper replacement can easily cost $2,000. When in doubt, make the call. Having an official police report will save you headaches later with insurance companies.
Step 3: Exchange Information (Texas Law Spells Out Exactly What)
Texas Transportation Code Section 550.023 isn’t vague about this. You must give the other driver
- Your full name and address
- Your car’s registration number
- Your insurance company’s name
- Your driver’s license (if they ask and you have it with you)
Get the same information from them. Use your phone to take pictures of their license and insurance card if they’ll let you—it prevents mix-ups later.
What if the other driver doesn’t have insurance or won’t give you their information? Write down what happened and tell the police officer when they arrive.
Quick note about insurance in Texas: We’re not a no-fault state, but Personal Injury Protection (PIP) coverage must be offered with every policy. PIP helps cover your medical bills and lost wages regardless of who caused the accident. Most people don’t realize they have this coverage unless they specifically declined it in writing.
Step 4: Document Everything While You Wait
Your phone is your best friend right now. Take photos of
- All cars from multiple angles, showing damage and license plates
- The accident scene, including any traffic signs or signals
- Skid marks or debris on the road
- Any visible injuries (but get medical help first)
- The other driver’s license and insurance card
Write down what happened while it’s fresh in your mind. Include the time, weather, and what both drivers were doing right before the crash.
If there are witnesses, get their contact information. Ask them to briefly describe what they saw. Independent witnesses can be game-changers if there’s a dispute about what happened.
Step 5: Know When You Must Move Your Car
Texas has specific rules about this, especially on freeways. Under Section 550.022(b), if your accident is on any freeway in the San Antonio metro area and both cars can be “normally and safely driven,” you have to move them as soon as possible.
A car can be “normally and safely driven” only if
- It doesn’t need a tow truck
- It runs under its own power like it normally would
- Driving it won’t cause more damage or create hazards
Move to a collision investigation site if there’s one nearby, or get to the frontage road or nearest safe cross street. The goal is getting out of traffic’s way while still being able to exchange information.
If you’re not on a freeway, or if either car can’t be driven safely, don’t move anything until police tell you it’s okay.
Step 6: Think About Medical Attention
Even if you feel perfectly fine, consider seeing a doctor. Adrenaline masks a lot of pain, and many car accident injuries (whiplash, concussions, soft tissue damage) don’t show up until hours or even days later.
Texas law also requires you to provide “reasonable assistance” to anyone who’s injured, including getting them to a hospital if needed. This isn’t just good humanity; it’s a legal requirement.
Getting checked out the same day creates a medical record that can be important if injuries pop up later. Many insurance policies require prompt medical evaluation, and waiting too long might hurt your coverage.
Step 7: Handle Insurance Companies Carefully
Call your own insurance company within 24 hours. Most policies require “prompt” notification, and delays can affect your coverage.
When you talk to your insurer, stick to the basic facts of what happened. Don’t speculate about fault or say things like “I’m sorry” or “I didn’t see them coming.” These statements can be twisted into admissions of guilt later.
Be extra careful when the other driver’s insurance company calls you. You don’t have to give them a recorded statement right away, and it’s often smart to talk to a lawyer first. Remember, their job is to pay out as little as possible, not to protect you.
Step 8: Understand Your Reporting Deadlines
If police came to your accident, the investigating officer will file a written collision report with the Texas Department of Transportation within 10 days (Section 550.062). You can get a copy for $6 once it’s processed.
If police didn’t respond but your accident meets the reporting requirements—injuries, deaths, or property damage over $1,000—you might need to file your own report. Check with your insurance company about their specific deadlines.
Start organizing your paperwork now. Keep records of medical bills, repair estimates, rental car costs, and any lost wages. Put everything in one file that’s easy to grab when you need it.
What Not to Do After an Accident
These mistakes can seriously hurt your case.
- Don’t admit fault or apologize. Even saying “I’m sorry this happened” can be used against you later. Let the police and insurance companies figure out who was responsible.
- Don’t sign anything except a traffic ticket from a police officer. The other driver or their insurance company might try to get you to sign a release or settlement at the scene. Always talk to a lawyer before signing legal documents.
- Don’t give a recorded statement to the other driver’s insurance company without getting legal advice first. These statements are often used to reduce the other driver’s responsibility, not to find the truth.
- Don’t wait to see a doctor if you’re feeling any pain or discomfort. Waiting weeks to get medical help makes it harder to connect your injuries to the accident.
- Don’t post about the accident on social media. Insurance companies and lawyers regularly check accident victims’ social media accounts. That photo of you smiling at dinner could be used to argue your injuries aren’t serious.
Most Important Things to Remember
- Stop immediately and get to safety when you can
- Call police for any accident with injuries or significant property damage
- Exchange complete contact and insurance information
- Document everything with photos and notes
- Get medical attention even if you feel okay
- Contact your insurance company quickly but be careful with the other driver’s insurer
- Keep detailed records of everything related to the accident
- Don’t admit fault or sign documents at the scene
The minutes after a car accident feel overwhelming, but following these steps protects your legal rights and makes sure you have the documentation you need for insurance claims or legal action.
Quick Answers to Common Questions
What if the other driver doesn’t have insurance?
Texas law requires everyone to carry minimum liability insurance, but not everyone follows the law. If you’re hit by an uninsured driver, your uninsured motorist coverage might help. If you have Personal Injury Protection (PIP) coverage (which insurance companies must offer with a minimum of $2,500 unless you specifically decline it in writing), this can help cover medical expenses and lost wages regardless of fault. You can also sue the other driver directly, though actually collecting money can be tough.
Should I take a quick settlement offer from the other driver’s insurance company?
Insurance companies often make low initial offers hoping you’ll take them before you realize how much your damages really cost. Don’t accept any settlement until you’ve been medically cleared and know the full extent of your injuries and losses. Talk to a lawyer who can tell you if the offer is fair.
What if I was partially at fault for the collision?
Texas follows a “modified comparative negligence” rule. You can still recover damages if you were 50% or less at fault, but if you are 51% or more at fault, you cannot recover any damages. Your compensation gets reduced by your percentage of fault. For example, if you were 20% at fault and had $10,000 in damages, you could recover $8,000. However, if you were found to be 60% at fault, you would recover nothing.
How long do I have to file a lawsuit in Texas?
The statute of limitations for personal injury claims in Texas is generally two years from the date of the accident. For property damage claims, you typically have two years as well. There can be exceptions, so don’t wait until the last minute to talk to a lawyer.
What if the police don’t come to the scene?
Police departments in big cities like San Antonio often don’t respond to minor property-damage-only accidents unless someone is injured or traffic is blocked. If police don’t respond, you can still file a report online or at a police station later. The important thing is to exchange information with the other driver and document the scene yourself.
Can I choose my own repair shop?
Yes, you have the right to choose where your car gets fixed, regardless of what the insurance company wants. Get estimates from reputable shops and don’t feel pressured to use the insurer’s “preferred” places unless you’re comfortable with their work quality.
Get the Legal Help You Need
If you’ve been injured in a car accident in San Antonio, you don’t have to handle everything alone. At Law Offices of Hector Gonzalez III P.C., we help accident victims protect their rights and get fair compensation for their injuries and losses.
We know Texas accident laws inside and out, and we’re committed to fighting for the compensation you deserve. We handle all types of motor vehicle accidents, from minor fender-benders to serious multi-car collisions.
Don’t let insurance companies take advantage of you during this difficult time. Contact our personal injury attorneys today for a consultation to discuss your case and learn about your legal options. We work on a contingency fee basis, which means you don’t pay attorney fees unless we win your case.
Call us now to get the legal help you need to move forward with confidence. Your recovery is our priority, and we’ll work tirelessly to achieve the best possible outcome for your case.
