Quick Answer
After a Houston car accident: move to safety → call 911 → document the scene before evidence disappears → exchange information (never admit fault) → see a doctor the same day → contact an attorney before signing anything. You have two years to file a lawsuit under Texas Civil Practice & Remedies Code §16.003, but critical evidence — traffic camera footage, EDR data — disappears in 24–72 hours.
700+
Harris County Traffic Fatalities per Year
Harris County consistently leads Texas in crash fatalities according to TxDOT crash data. Houston’s heavy commercial truck traffic, high population density, and aggressive driving culture make it one of the most dangerous metro areas in the nation for crashes.
9 Steps to Take After a Houston Car Accident
1
Check for Injuries and Move to Safety
2
Call 911
Tip: Get the responding officer’s name and badge number, and ask for the HPD incident number. You’ll need it to retrieve your CR-3 report later.
3
Document the Scene — Before Evidence Disappears
- All vehicle damage — every angle, close-up and wide
- License plates of every vehicle involved
- Skid marks, debris field, and point of impact
- Traffic signals, signs, and road conditions
- Visible injuries on yourself or passengers
- Any dashcam footage — save it immediately before it overwrites
Critical: Traffic camera footage is typically overwritten within 24–72 hours. Event Data Recorder (EDR/black box) data can be erased when your car is repaired. An attorney can send a spoliation letter to preserve this evidence — but only if you call immediately.
4
Exchange Information — Never Admit Fault
Do not say: “I’m sorry,” “I didn’t see you,” or anything that sounds like an admission. Under Texas’s proportionate responsibility rule (§33.001), even a casual apology is documented and used to reduce or eliminate your compensation.
5
Gather Witness Information
6
Seek Medical Attention the Same Day — Most Critical Step
7
Notify Your Insurance Company
8
Preserve All Evidence
9
Contact a Houston Car Accident Attorney
Free Consultation — No Fee Unless We Win
Injured in a Houston Car Accident?
(346) 971–7333 — Call NowBJ Kemp · Texas State Bar #24116608 · Available 24/7
Evidence That Disappears Fast After a Houston Crash
Most accident victims don’t realize how quickly critical evidence vanishes. By the time you’ve recovered enough to think about your claim, some of it may already be gone.Traffic Camera Footage
City of Houston and TxDOT traffic cameras typically overwrite footage within 24–72 hours. An attorney can send a preservation demand to the City immediately to prevent this.
EDR / Black Box Data
Most modern vehicles have an Event Data Recorder (EDR) that captures speed, braking, and steering in the seconds before impact. This data is erased when the vehicle is repaired or totaled.
Business Surveillance Video
Nearby businesses — gas stations, restaurants, parking garages — often have cameras covering intersections. Most overwrite footage within 30–60 days, and businesses have no legal obligation to preserve it without a written request.
Cell Phone Records
If the other driver was texting or on a call at the time of impact, their carrier records prove it. Obtaining these requires legal process and must be requested before they are purged — typically after 18–24 months, but some carriers purge sooner.
What If the Other Driver Has No Insurance?
Texas has one of the highest uninsured driver rates in the country. According to the Texas Department of Insurance, approximately 14% of Texas drivers carry no auto insurance at all — nearly 1 in 7 vehicles on Houston’s roads. If the at-fault driver is uninsured, you still have options.Uninsured / Underinsured Motorist (UM/UIM) Coverage
Your own auto policy’s Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage kicks in to cover your damages when the at-fault driver has no insurance or insufficient coverage. Texas law requires insurers to offer UM/UIM coverage — you must reject it in writing to exclude it from your policy.How it works:
- Uninsured Motorist (UM): Covers you when the at-fault driver has zero insurance, or in a hit-and-run where the driver flees.
- Underinsured Motorist (UIM): Covers the gap when the at-fault driver’s liability limits are too low to cover your full damages.
- UM/UIM also covers you as a pedestrian hit by an uninsured driver, and often as a passenger in another vehicle.
How to Get Your Houston Police Report (CR-3)
Every “what to do after a car accident” guide says to get the police report — but almost none explain how. Here are the exact steps for a Houston crash:- Get the incident number at the scene. The responding HPD or Harris County Sheriff’s deputy will give you an 8-digit incident number. Write it down or photograph the officer’s card.
- Wait 5–10 business days. The formal CR-3 crash report is typically filed by the agency within this window.
- Request via TxDOT CRIS. Go to the TxDOT Crash Records Information System (CRIS) online. You can search by incident number, date, and location. The report costs $6 and can be downloaded immediately after purchase.
- Alternative — request directly from HPD. Submit an online report request through the Houston Police Department’s crash report portal. Processing takes 7–10 business days.
If police did not respond to the scene: Under Texas Transportation Code §550.026, you are required to file your own report with TxDOT within 10 days if the accident involved an injury or property damage exceeding $1,000 and no officer completed a CR-3. File through TxDOT’s crash records portal. Failing to file when required can affect your claim.
Texas Laws That Affect Your Case
Proportionate Responsibility — Civil Practice & Remedies Code §33.001
Texas uses a modified comparative fault system — officially called proportionate responsibility. You can recover damages as long as you are not more than 50% at fault for the accident. Your award is reduced by your percentage of fault.Example: You are found 20% at fault. Your total damages are $100,000. Under §33.001, you recover $80,000 — reduced by your 20% share of responsibility.
This is why how you talk about the accident — starting at the scene — matters enormously. Never speculate about fault or apologize. Let the evidence and your attorney do the talking.
Statute of Limitations — Civil Practice & Remedies Code §16.003
In Texas, you have two years from the date of the accident to file a personal injury lawsuit. Miss this deadline and your claim is permanently barred, regardless of how serious your injuries are.Don’t wait. Evidence disappears. Traffic camera footage overwrites in 72 hours. Witnesses’ memories fade. Insurance companies become far less cooperative as the deadline approaches. Contact an attorney within weeks of the crash — not months.
The Self-Reporting Rule — Transportation Code §550.026
If a peace officer does not respond to your accident and does not file a CR-3 report, you are legally required to file your own report with TxDOT within 10 days when the accident involved an injury or property damage over $1,000. This is a commonly overlooked requirement — particularly in minor crashes where HPD declines to respond. Filing ensures there is an official record of the accident, which your insurer and any future lawsuit will rely on.Houston and Harris County Specifics
Harris County courts handle thousands of car accident cases each year. Special rules apply if your accident involved:- Commercial trucks / 18-wheelers: Federal FMCSA regulations govern trucking companies. Evidence preservation notices must go out within 24–48 hours to prevent black box data from being erased.
- Rideshare vehicles (Uber/Lyft): Multiple insurance layers apply depending on the driver’s status at the time of the crash. Coverage disputes are common.
- Government vehicles: Claims against the City of Houston or Harris County require a formal notice of claim within 6 months — far shorter than the standard two-year limitation.
- Wrongful death: If a loved one was killed, the estate has two years to file, but evidence preservation must begin immediately.
Mistakes That Can Hurt Your Case
- Posting on social media. Insurance defense teams actively monitor claimants’ social media. A photo of you at a family dinner three days post-injury will be shown to a jury as evidence you weren’t seriously hurt. Pause all activity.
- Giving a recorded statement. You are not required to give one to the other driver’s insurer. Adjusters are trained to get you to say things that minimize your claim. Say you’ll have your attorney contact them.
- Skipping follow-up appointments. Every gap in your medical treatment is ammunition. Miss a physical therapy appointment and the insurer argues you aren’t actually injured.
- Accepting the first settlement offer. Initial offers are designed to close your file before the full extent of your injuries — and future medical costs — is clear. Once signed, it’s final.
- Repairing your vehicle too soon. Your car is physical evidence. Photograph every angle and have an expert inspect it before any repair work begins. Ideally, keep it until your attorney advises otherwise.
- Waiting too long to hire an attorney. Traffic camera footage, EDR data, and witness memories all deteriorate rapidly. The sooner counsel is involved, the more evidence can be preserved.
Frequently Asked Questions
Move to safety, call 911, document the scene thoroughly, exchange information without admitting fault, gather witness contacts, and see a doctor the same day. Then contact a Houston car accident attorney before communicating with any insurance company.
Two years from the accident date under §16.003 to file a lawsuit. Insurance claims should be filed within days. If a government vehicle was involved, the notice deadline can be as short as 6 months.
Your own Uninsured/Underinsured Motorist (UM/UIM) coverage applies. Texas has approximately 14% uninsured drivers. An attorney should review your policy immediately and help you navigate the UM/UIM claim process with your own insurer.
Use the TxDOT CRIS system approximately 5–10 business days after the crash. You’ll need your HPD incident number from the officer at the scene. The report costs $6. If police did not respond, you must self-report to TxDOT within 10 days under §550.026.
Yes — as long as you are not more than 50% at fault. Texas’s proportionate responsibility rule (§33.001) reduces your award by your percentage of fault but does not bar recovery unless you are the majority cause of the crash.
Minor injury cases typically resolve in 3–6 months. Cases with serious injuries, disputed liability, or litigation often take 12–24 months or longer. Settling too early — before your full medical picture is clear — is one of the most costly mistakes you can make. See our News & Legal Resources for more on the settlement process.
No. You are not required to give one to the other driver’s insurer. Politely decline — “I’ll have my attorney contact you” — and call a lawyer before saying anything further. Your own insurer may require a statement under your policy terms, but you still have the right to have counsel present.
Texas Legal Giants handles car accident cases on a contingency fee basis — you pay nothing unless we recover money for you. Our fee is a percentage of the settlement or verdict. No upfront costs. No hourly billing. No financial risk to you.
Talk to a Houston Car Accident Attorney
Your Houston Car Accident Attorney
BJ Kemp
Texas State Bar #24116608 · Texas Legal Giants · Houston, TX
BJ Kemp has built Texas Legal Giants on a simple promise: Big Commitment. Giant Results. He handles personal injury cases throughout greater Houston — car accidents, truck accidents, wrongful death, slip and fall, and more — and fights to get accident victims the maximum settlement they deserve, not the quickest one the insurance company offers.
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