Being involved in a car accident can be one of the most overwhelming experiences you'll ever face. In those first moments after impact, your mind races with questions: "Am I hurt?" "Is everyone okay?" "What do I do now?" If you're reading this from McAllen, Brownsville, or anywhere in the Rio Grande Valley, you're not alone in feeling confused and uncertain about your next steps.

The reality is that what you do in the hours and days following an automobile wreck can significantly impact your ability to recover compensation for your injuries and damages. Understanding your legal rights isn't just helpful, it's essential for protecting your future and ensuring you receive the support you deserve during this challenging time.

Hurt in a Car Wreck? The Law Office of Rolando Cantu offers free consultations to discuss your case. Call us now.

Immediate Steps to Take After a Car Crash

The moments immediately following a car accident are critical. Your actions during this time can protect both your physical safety and your legal rights. Here's what you need to know about handling the immediate aftermath of a crash.

Prioritizing Safety at the Scene

Your first priority should always be safety. If possible, move your vehicle out of traffic to prevent additional accidents. Turn on your hazard lights immediately to alert other drivers. Check yourself and your passengers for injuries, adrenaline can mask pain, so be thorough in your assessment.

If anyone appears injured or if you're unsure about the extent of injuries, don't attempt to move them. Wait for emergency medical services to arrive. Even if injuries seem minor, it's often wise to seek medical attention, as some injuries like whiplash or concussions may not manifest symptoms immediately.

What to Do in a Traffic Accident Exchange

When it's safe to do so, exchange essential information with the other driver. This includes full names, contact numbers, insurance company names and policy numbers, driver's license numbers, and vehicle information (make, model, year, and license plate numbers).

Be courteous but avoid discussing fault or admitting responsibility. Statements like "I'm sorry" can be misinterpreted as admissions of guilt, even if you're simply expressing sympathy for the situation.

Reporting the Wreck to Authorities

In Texas, you're required to report accidents that result in injury, death, or property damage exceeding $1,000. Call 911 to report the accident and request police response. The responding officer will create an official police report, which becomes crucial documentation for your insurance claim and any potential legal proceedings.

When speaking with the officer, stick to the facts about what happened. Avoid speculating about causes or accepting blame. Simply describe what you observed and experienced.

When to Seek Immediate Medical Attention

Even if you feel fine initially, consider seeking medical evaluation after any car accident. Some injuries, particularly soft tissue injuries and concussions, may not present symptoms for hours or even days. Having medical documentation from immediately after the accident strengthens your position if you later discover injuries.

If you experience any pain, dizziness, confusion, or other concerning symptoms, seek medical attention immediately. Don't let concerns about cost prevent you from getting necessary care, your health is the priority.

Documenting the Scene of the Automobile Wreck

Proper documentation can make or break your car accident case. In today's digital age, you have powerful tools at your disposal to preserve crucial evidence that might otherwise disappear.

Taking Photos and Videos Post-Accident

Use your smartphone to capture comprehensive visual evidence. Take photos of all vehicles involved from multiple angles, showing both the damage and the overall scene. Photograph the accident location, including street signs, traffic signals, road conditions, and any relevant environmental factors like weather conditions or construction zones.

Don't forget to document the license plates of all vehicles involved and take photos of the other driver's insurance card and driver's license (with their permission). If there are skid marks, debris, or other physical evidence, photograph these as well.

Consider taking a video walkthrough of the scene, narrating what you observe. This can provide valuable context that still photos might miss.

Gathering Witness Information

Witnesses can provide crucial third-party perspectives on how the accident occurred. If there are witnesses present, politely ask for their contact information and a brief statement about what they saw. Many people are willing to help but may leave the scene quickly, so approach them promptly.

Get their full names, phone numbers, and email addresses if possible. Ask if they'd be willing to provide a written statement about what they observed. Even if they seem hesitant, having their contact information allows your attorney to reach out later if needed.

Noting Down Accident Details

While the details are fresh in your memory, write down everything you remember about the accident. Include the time, date, weather conditions, traffic conditions, and a detailed description of how the accident occurred. Note any statements made by the other driver or witnesses.

This written account becomes valuable evidence, especially if the case goes to court months or years later when memories have faded.

Follow-Up Tasks After a Car Accident

Within 24-48 hours of the accident, contact your insurance company to report the claim. Provide them with all the documentation you've gathered, but be careful about giving recorded statements until you've consulted with an attorney.

Keep detailed records of all accident-related expenses, including medical bills, prescription costs, and any other out-of-pocket expenses. Also, document any time missed from work due to the accident or your injuries.

Interacting with Law Enforcement

Understanding how to interact with law enforcement after an accident protects your rights and ensures accurate documentation of the incident. Police officers play a crucial role in the post-accident process, and knowing what to expect can help you navigate this interaction effectively.

What to Say to the Responding Officer

When police arrive, be cooperative and honest, but stick to factual observations. Describe what you saw, heard, and experienced without speculating about causes or accepting blame. For example, say "The light was green when I entered the intersection" rather than "I think the other driver ran the red light."

Avoid phrases like "I didn't see them" or "It happened so fast," as these can be interpreted as admissions that you weren't paying attention. If you're unsure about something, it's perfectly acceptable to say "I don't know" or "I don't remember."

Understanding the Police Report Process

The responding officer will investigate the scene and create an official police report. This report typically includes the officer's observations, statements from drivers and witnesses, a diagram of the accident scene, and sometimes a preliminary determination of fault.

You have the right to request a copy of this report, usually available from the police department within a few days to a week after the accident. Review it carefully when you receive it, as errors can occur. If you notice inaccuracies, contact the reporting officer to discuss corrections.

What Happens if You Receive a Citation

Receiving a traffic citation after an accident doesn't automatically mean you're at fault for the accident itself. Citations are issued for traffic violations, while fault determination for insurance and legal purposes involves a more comprehensive analysis.

If you receive a citation you believe is unwarranted, you have the right to contest it in court. However, be aware that how you handle the citation can impact your accident case, so consider consulting with an attorney before making decisions about pleading guilty or fighting the ticket.

Your Rights During a Police Investigation

You have the right to remain silent beyond providing basic identifying information and factual observations about the accident. If you're injured or feeling overwhelmed, you can request medical attention before giving a detailed statement.

You also have the right to have an attorney present during questioning, though this is rarely necessary for routine accident investigations. However, if the accident involves serious injuries or fatalities, or if you suspect you might face criminal charges, consider requesting legal representation.

How to Deal with an Insurance Adjuster After a Car Accident

Insurance adjusters will contact you soon after your accident, and how you handle these interactions can significantly impact your claim's outcome. Understanding their role and your rights helps you navigate these conversations effectively.

Initial Reporting and What to Share

When you first contact your insurance company, provide basic factual information about the accident: when and where it occurred, the other parties involved, and a brief description of what happened. Stick to observable facts and avoid speculating about fault or the extent of injuries.

You're required to cooperate with your own insurance company's investigation, but you're not obligated to provide detailed statements to the other driver's insurance company immediately. It's often wise to consult with an attorney before giving extensive statements to opposing insurers.

Questions Car Insurance Companies Ask

Insurance adjusters typically ask about the accident details, your injuries, your medical treatment, and how the accident has affected your daily life. They may also inquire about your driving history, previous accidents, and pre-existing medical conditions.

Be honest in your responses, but don't volunteer information beyond what's asked. If you're unsure about something or don't remember clearly, say so rather than guessing. Remember that these conversations are often recorded.

Why to Avoid Giving a Recorded Statement

While you may be required to provide a recorded statement to your own insurance company, you're generally not obligated to give one to the other driver's insurer. Recorded statements can be used against you later, especially if you're still recovering from injuries and may not have a complete picture of your damages.

If you do give a recorded statement, prepare beforehand by reviewing the facts of the accident and consulting with an attorney if possible. Keep your answers brief and factual, and don't hesitate to say you don't know or don't remember if that's the case.

Handling an Offer from the Adjuster

Insurance companies often make quick settlement offers, especially for property damage. While these offers might seem attractive, they're frequently lower than what you're entitled to receive. Before accepting any offer, make sure you understand the full extent of your damages, including potential future medical expenses.

Remember that once you accept a settlement offer, you typically can't seek additional compensation later, even if you discover additional injuries or damages. Consider having an attorney review any settlement offer before accepting it.

Protecting Your Rights in a Car Accident Case

Understanding your legal rights and the claims process helps you make informed decisions about your case. Whether you're dealing with personal injury from the accident or property damage, knowing your options is crucial.

What to Do After a Car Accident Not Your Fault

If another driver caused your accident, you have the right to seek compensation for your damages from their insurance company. This includes medical expenses, lost wages, property damage, and pain and suffering. However, Texas follows a modified comparative fault rule, meaning your compensation can be reduced if you're found partially at fault.

Document everything related to your damages, including medical bills, repair estimates, and records of missed work. Keep a journal documenting how your injuries affect your daily life, as this can be valuable evidence for pain and suffering claims.

Understanding Your Motor Vehicle Accident Injury Claim

Your injury claim may include several types of damages: economic damages (medical bills, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). In cases involving severe negligence, punitive damages might also be available.

The value of your claim depends on factors like the severity of your injuries, the impact on your life and work, the clarity of fault, and the available insurance coverage. An experienced car accident attorney can help you understand what your case might be worth.

Deadlines for Filing Auto Accident Claims in Texas

Texas has a two-year statute of limitations for personal injury claims from car accidents. This means you must file a lawsuit within two years of the accident date, or you may lose your right to seek compensation through the courts.

However, don't wait until the deadline approaches to take action. Evidence can disappear, witnesses' memories fade, and insurance companies may be less willing to negotiate fair settlements as time passes.

When to Contact a Car Accident Lawyer

Consider consulting with an attorney if you've suffered significant injuries, if fault is disputed, if the insurance company is offering inadequate compensation, or if you're dealing with an uninsured driver. An attorney can also be valuable if you're facing catastrophic injuries or if the accident involved commercial vehicles like 18-wheelers.

Many car accident attorneys work on a contingency fee basis, meaning you don't pay attorney fees unless they recover compensation for you. This makes legal representation accessible even when you're dealing with medical bills and lost income.

Unsure about your car accident case? Contact our McAllen office today for expert legal guidance.

Recent Updates in Texas Car Accident Law

Texas lawmakers continue to update traffic and accident-related laws to improve safety and clarify legal procedures. Several significant changes took effect in 2025 that impact drivers and accident victims throughout the state.

New Laws Effective September 2025

On September 1, 2025, several new Texas laws took effect that directly impacted drivers and accident cases. These include enhanced penalties for DWI offenses in school zones, expanded authority for blood draw warrants in DWI cases, and new requirements for school bus safety equipment.

One particularly significant change involves DWI offenses in school crossing zones, which are now classified as state jail felonies rather than misdemeanors. This reflects the legislature's recognition of the heightened danger impaired drivers pose to children.

Enhanced Insurance and Evidence Requirements

Recent changes have also strengthened evidence preservation requirements and updated minimum insurance requirements. These changes are designed to ensure accident victims have better access to compensation and that crucial evidence is properly preserved.

The state continues to maintain its modified comparative fault rule with a 51% bar, meaning you can recover damages only if you're 50% or less at fault for the accident.

Conclusion

Navigating the aftermath of a car accident doesn't have to be overwhelming when you know your rights and take the proper steps. Remember the essential actions: secure the scene and prioritize safety, document everything thoroughly, be cautious when dealing with insurance companies, and understand when professional legal help becomes necessary.

The Rio Grande Valley sees thousands of car accidents each year, and each case is unique. Whether you're dealing with distracted driving accidents, motorcycle accidents, or complex cases involving multiple parties, having an experienced local attorney who understands both Texas law and the local court system can make a significant difference in protecting your rights and securing fair compensation.

Don't let insurance companies pressure you into quick settlements that don't fully compensate you for your damages. Take the time to understand your rights, document your losses, and make informed decisions about your case.

Don't navigate your car accident claim alone. Schedule your free, no-obligation case review with Rolando Cantu.