After a crash in Houston, you must protect your safety, preserve evidence, and document fault right away. Texas law requires drivers to stop, render aid, and report certain accidents. What you do in the first hour can directly affect compensation.
Safety First: What Does Texas Law Require After a Crash?
Texas Transportation Code § 550.023 is clear. Every driver involved in a crash must stop and render aid.
Rendering aid is a legal duty that requires drivers to stop, check for injuries, and provide reasonable help to anyone hurt.
Step 1: Secure the Scene and Help Those Injured
Move vehicles out of traffic if it’s safe to do so. Turn on hazard lights. Check if anyone is hurt. Don’t leave the scene. Leaving can turn a civil matter into a criminal one under Texas law.
Step 2: Call 911 Even for Minor Crashes
Always call 911. Even if the crash looks small, a police report creates an official record. That record matters later when fault is disputed.
In some Houston districts, officers may not respond to non-injury crashes. In those cases, drivers can file a CR-2 form, also called a Blue Form, directly with the Texas Department of Transportation. It serves as your official self-reported crash record.
Once everyone is safe, your next job is protecting evidence before it disappears.
How Do You Protect Evidence After a Houston Car Accident?
Evidence preservation is the process of securing physical proof and digital data before it’s lost, erased, or destroyed.
A skilled car accident attorney knows the first 24 to 48 hours are the most critical window. Photos fade from memory. Witnesses move on. Surveillance footage gets overwritten.
Document the Other Driver’s Traffic Violation
Take photos of vehicle positions, road markings, skid marks, and any visible damage. Note if the other driver drifted lanes. Under Texas Transportation Code § 545.060, failure to drive in a single lane is a traffic violation that can establish fault.
Comparative negligence is a Texas rule that blocks recovery if you are 51 percent or more at fault. If you are 50 percent or less at fault, your compensation is reduced by your percentage of fault.
What Is Black Box Data and Why Does It Matter?
An Event Data Recorder (EDR) is a device in most modern vehicles that stores speed, braking, and seatbelt data from the seconds before a crash.
This data can prove or disprove fault. However, it can also be overwritten or destroyed. Sending a spoliation letter to the other party puts them on legal notice to preserve that data. Failing to do so can hurt your case.
This matters especially on Houston’s heavy trucking corridors like I-45 and Beltway 8. In commercial vehicle crashes, a truck accident lawyer in Houston will move fast to preserve company records, driver logs, and electronic logging device data before they’re gone.
Physical evidence is only part of the story. The official crash report often carries equal weight.
How Do You Read a Texas Crash Report CR-3 Form?
The CR-3 is the standard Texas crash report filed by law enforcement. Two sections carry the most weight in a fault dispute.
- Officer’s Narrative: The written summary of how the crash happened, based on what the officer observed and was told.
- Contributing Factors: A checklist of causes like speeding, distracted driving, or unsafe lane changes.
One checked box in Contributing Factors has changed the outcome of many cases. Most drivers never review this section. You should.
You can get your report through the City of Houston Municipal Courts or the Harris County District Clerk’s office.
The next issue most drivers face is the insurance adjuster.
Should You Talk to the Insurance Company Alone?
No. Speaking alone to the insurance adjuster can weaken your claim.
Insurance adjusters are trained to find reasons to lower your payout. A recorded statement made without legal guidance can shift fault onto you, even if you didn’t cause the crash.
A Houston car crash lawyer can handle all communications with the insurer on your behalf.
A contingency fee means you pay nothing upfront. The attorney gets paid only if compensation is recovered. So cost isn’t a reason to wait.
When Should You Contact a Lawyer After a Crash?
Texas gives injury victims two years to file a claim under the statute of limitations. But waiting too long can hurt your case before you even file.
Contact an auto accident lawyer in Houston if any of these apply:
- The fault is being disputed by the other driver
- Your injuries showed up days after the crash
- A commercial truck or company vehicle was involved
- The insurer is pushing you toward a fast settlement
Getting legal advice early does not lock you into a lawsuit. It simply helps you understand your options.
FAQs About Houston Car Accident Claims
What if the police don’t come to the scene?
File a CR-2 form, also called the Blue Form, with the Texas Department of Transportation. It creates an official record of the crash when no officer responds.
Can I recover damages if I was partly at fault?
Yes, but only if you’re 50% or less at fault. Under Texas’s 51% bar rule, being found more than halfway responsible blocks any recovery.
How much does it cost to hire an attorney?
Most personal injury attorneys work on a contingency fee basis. You pay nothing upfront and nothing at all unless compensation is recovered.
What damages can I recover in Texas?
Texas allows recovery for medical bills, lost wages, future treatment costs, and pain and suffering. The strength of your evidence usually determines how much.
What is a spoliation letter?
A spoliation letter is a formal notice sent to the other party requiring them to preserve evidence. It protects key data like black box recordings and surveillance footage from being deleted.
