Car Crash Lawyer in Dallas: The First Days, the Crash Report and the Deadlines

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The hours and days right after a car crash are confusing, and they matter more than most people realize. Texas law puts duties on every driver at the scene. A crash report is written that insurers will read closely. Evidence starts to disappear. And some deadlines start running at once. This page is our guide, as a Dallas car crash law firm, to the first days after a crash on a Dallas road, with the Texas rules that apply to each step.

At the scene: what Texas law requires

Chapter 550 of the Texas Transportation Code sets out what drivers must do after a crash. In plain terms:

Duty	What the law says	Section
Stop and stay	A driver in a crash with injury or death must stop, return if needed, check whether anyone needs aid, and remain to give information. Leaving is a felony when someone is killed or seriously hurt	550.021
Exchange information	Give your name, address, vehicle registration number and liability insurer; show a driver’s license if asked; give reasonable help to anyone hurt	550.023
Report it	A crash with injury, death or a car that cannot be driven must be reported at once to the local police in a city, or to the sheriff	550.026

Beyond what the law requires, a few things protect your claim if you can do them safely: photograph the cars where they stopped, the damage, the road, the signals and any skid marks; get the names and phone numbers of witnesses; and note the officer’s name and the report number.

What to photograph, if you safely can

1. Every car where it came to rest, from several angles, before anything is moved
2. The damage on each car, close up and from a few steps back
3. License plates and insurance cards of the other drivers
4. The road: lanes, signs, signals, skid marks and debris
5. Anything that blocked a view, such as a parked truck or overgrown brush
6. Your injuries, on the day and again as bruises develop

Phone photos carry a time stamp, which can matter later. Keep the originals and do not edit them.

The CR-3 crash report

When an officer investigates a crash with injury, death or apparent property damage of $1,000 or more, the officer must file a written report, the Texas Peace Officer’s Crash Report (form CR-3), electronically with TxDOT within 10 days (Transportation Code 550.062). The people involved, their authorized representatives, vehicle owners and the insurers involved can get the full report (550.065), and copies are bought for a small fee from TxDOT’s Crash Report Online Purchase System.

Read the report carefully. Insurers do. If it gets the facts wrong, such as the direction of travel, the lane or what a witness said, other evidence can correct it, but the earlier we know, the better. Our article on the Dallas crash report explains how to get it and what each part means.

Medical care, and why the timing matters

Get checked even if you feel all right. Some injuries are not obvious at first, and a prompt visit protects your health and starts the medical record your claim will rest on. Serious injuries in Dallas are often treated at one of the Level I trauma centers named by the Texas Department of State Health Services: Parkland Memorial Hospital, Baylor University Medical Center, Methodist Dallas Medical Center and, for children, Children’s Medical Center of Dallas. Wherever you go, keep every bill and record, and follow the treatment plan. Gaps in treatment are one of the first things an adjuster looks for.

The first calls from insurers

Within a day or two, the other driver’s insurer may call. The adjuster may be friendly and may ask for a recorded statement. That statement goes into the insurer’s file, and its questions are often aimed at fault and at the extent of your injuries. Several of our attorneys worked on the insurance side before they practiced law, so we know how those calls are structured. Talk to us before you give one.

Your own insurer may also need prompt notice under your policy. Personal injury protection (PIP), included in Texas policies unless rejected in writing, is paid without regard to fault (Insurance Code 1952.155), which can help with early bills.

Pedestrians and cyclists

People on foot and on bikes have almost no protection when a car hits them, and their injuries are often severe. The same rules apply: the driver must stop and help, a crash with injury must be reported, and fault is divided under the 51 percent bar in Civil Practice and Remedies Code 33.001. Insurers sometimes argue that a pedestrian or cyclist was hard to see or was outside a crosswalk; we answer with the scene evidence, lighting, video and witnesses. If you were hit while walking or riding, your own auto policy may still provide coverage, so tell us what policies your household carries.

A city bus or government vehicle

A crash with a city bus, a county truck or a police car follows the Texas Tort Claims Act. Written notice usually must reach the government within six months of the crash, describing the injury and the time, place and incident, and a city charter may set a shorter period; actual notice can sometimes excuse it (Civil Practice and Remedies Code 101.101). If a government vehicle was involved, call us right away, because this deadline is far shorter than the two years that apply to most claims.

Texting, impairment and other driver conduct

Reading, writing or sending a message on a phone while the vehicle is moving is an offense in Texas (Transportation Code 545.4251). A driver who was texting, impaired or fleeing leaves evidence: phone records, police findings, witness accounts. Where a driver’s conduct was especially reckless, Texas law can allow exemplary damages on clear and convincing proof of gross negligence (CPRC 41.003), capped by statute. Our article on drunk driving wrecks in Dallas explains more.

The deadlines that start at the crash

• Two years to file a personal injury suit, generally from the day of the crash (Civil Practice and Remedies Code 16.003).
• Six months, or less, for written notice of a claim against a city or county (101.101).
• Prompt notice to your own insurer, as your policy requires.
• For a child, the two years generally do not start until 18 (16.001).

Missing a deadline can end a claim no matter how strong it is, which is why we put every date on the calendar at the first meeting: the notice dates under your policy, any government notice date, and the two-year date to file suit. If you call us late, tell us straight away whether a government vehicle was involved.

How we help in the first days

When you call our Dallas office, we take over the insurance contacts, get the CR-3 report, send preservation requests for video and vehicles where needed, and help you organize medical records and bills from the start. The case review is free. No Fees or Costs Unless We Win: the firm advances case costs, and you owe no attorney’s fee and no case costs unless money is recovered for you.

Questions people ask