Updated Feb 27th, 2022

Every day in the United States almost 17,000 car accidents occur, and about 115 of them are fatal. According to data collected by car insurance agencies the average person will get in to a reported car accident about once every 18 years. That number doesn’t include unreported fender benders or bumps along the way.  Because statistics show that the majority of people will at some point in their lives be in an auto accident, here are some steps to follow that will help you collect a thorough report at the scene of the accident:

Before all else if you are injured it is important that you immediately seek medical attention.

After everyone with injuries have been seen to collect information about the following:

  • Full names of all the drivers, their phone numbers, addresses and license numbers.
  • Also record the name, phone numbers and address of any witnesses, passengers or other parties involved.
  • Be sure to notify authorities if any of the drivers appear to be intoxicated or under the influence

You should also note:

  • Did anyone report an injury? Or say,” I’m not hurt”?

  • Was medical assistance given at the scene of the accident?

  • The actual scene of the accident and the time it occurred

  • What direction the vehicles were traveling

  • If anything was “wrong” with one of the vehicles, such as a broken brake light

  • Was there any damage to the vehicles? A smart phone or camera can come handy here.

  • How did the accident occur, and did anyone take responsibility for it?

  • Did the police come? Were citations issued? Did anyone need to be towed from the scene of the accident?

  • Were any of the drivers working or in a company issued vehicle?

  • Be sure to take photos of skid marks and preserve any evidence, such as a faulty seat belt.

It is important that you immediately notify the police, they will be able to make a thorough report at the scene of the accident while evidence is still “fresh”. Also don’t hesitate to seek medical attention, even if you feel fine. The majority of symptoms from an accident don’t appear until at least 12 to 24 hours later. If you feel any pain or discomfort have your symptoms checked by a medical professional. Be sure to not omit any symptoms you may be experiencing, even if they seem minor at the time.

“If you were involved in a car accident and are unsure if you have a claim, you should speak to an experienced lawyer that handles exclusively personal injury matters“, says Houston attorney John Ramsey. “The insurance companies often try to take advantage of consumers who don’t have an attorney representing them.“

Under no circumstances, in 2022, should you speak to the other parties’ insurance company without first consulting a car accident attorney if you or a family member have bee injured. They may use the information collected in your statement against you when you try and seek a claim. Even with your own insurance company it is best to first consult with an attorney to learn more about your legal options.

What does the law say in Texas about accidents and accident reports?

Texas transportation code chapter 550, states the following:

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 550. ACCIDENTS AND ACCIDENT REPORTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 550.001. APPLICABILITY OF CHAPTER.

This chapter applies only to:

(1) a road owned and controlled by a water control and improvement district;

(2) a private access way or parking area provided for a client or patron by a business, other than a private residential property, or the property of a garage or parking lot for which a charge is made for storing or parking a motor vehicle; and

(3) a highway or other public place.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. DUTIES FOLLOWING ACCIDENT

Sec. 550.021. ACCIDENT INVOLVING PERSONAL INJURY OR DEATH.

(a) The operator of a vehicle involved in an accident that results or is reasonably likely to result in injury to or death of a person shall:

(1) immediately stop the vehicle at the scene of the accident or as close to the scene as possible;

(2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident;

(3) immediately determine whether a person is involved in the accident, and if a person is involved in the accident, whether that person requires aid; and

(4) remain at the scene of the accident until the operator complies with the requirements of Section 550.023.

(b) An operator of a vehicle required to stop the vehicle by Subsection (a) shall do so without obstructing traffic more than is necessary.

(c) A person commits an offense if the person does not stop or does not comply with the requirements of this section. An offense under this section:

(1) involving an accident resulting in:

(A) death of a person is a felony of the second degree; or

(B) serious bodily injury, as defined by Section 1.07, Penal Code, to a person is a felony of the third degree; and

(2) involving an accident resulting in injury to which Subdivision (1) does not apply is punishable by:

(A) imprisonment in the Texas Department of Criminal Justice for not more than five years or confinement in the county jail for not more than one year;

(B) a fine not to exceed $5,000; or

(C) both the fine and the imprisonment or confinement.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 97 (H.B. 1840), Sec. 2, eff. September 1, 2007.

Acts 2013, 83rd Leg., R.S., Ch. 70 (S.B. 275), Sec. 1, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 1099 (H.B. 3668), Sec. 1, eff. September 1, 2013.

Sec. 550.022. ACCIDENT INVOLVING DAMAGE TO VEHICLE.

(a) Except as provided by Subsection (b), the operator of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by a person shall:

(1) immediately stop the vehicle at the scene of the accident or as close as possible to the scene of the accident without obstructing traffic more than is necessary;

(2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; and

(3) remain at the scene of the accident until the operator complies with the requirements of Section 550.023.

(b) If an accident occurs on a main lane, ramp, shoulder, median, or adjacent area of a freeway in a metropolitan area and each vehicle involved can be normally and safely driven, each operator shall move the operator’s vehicle as soon as possible to a designated accident investigation site, if available, a location on the frontage road, the nearest suitable cross street, or other suitable location to complete the requirements of Section 550.023 and minimize interference with freeway traffic.

(c) A person commits an offense if the person does not stop or does not comply with the requirements of Subsection (a). An offense under this subsection is:

(1) a Class C misdemeanor, if the damage to all vehicles is less than $200; or

(2) a Class B misdemeanor, if the damage to all vehicles is $200 or more.

(c-1) A person commits an offense if the person does not comply with the requirements of Subsection (b). An offense under this subsection is a Class C misdemeanor.

(d) In this section, a vehicle can be normally and safely driven only if the vehicle:

(1) does not require towing; and

(2) can be operated under its own power and in its usual manner, without additional damage or hazard to the vehicle, other traffic, or the roadway.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch. 1066 (H.B. 1484), Sec. 1, eff. September 1, 2005.

Sec. 550.023. DUTY TO GIVE INFORMATION AND RENDER AID.

The operator of a vehicle involved in an accident resulting in the injury or death of a person or damage to a vehicle that is driven or attended by a person shall:

(1) give the operator’s name and address, the registration number of the vehicle the operator was driving, and the name of the operator’s motor vehicle liability insurer to any person injured or the operator or occupant of or person attending a vehicle involved in the collision;

(2) if requested and available, show the operator’s driver’s license to a person described by Subdivision (1); and

(3) provide any person injured in the accident reasonable assistance, including transporting or making arrangements for transporting the person to a physician or hospital for medical treatment if it is apparent that treatment is necessary, or if the injured person requests the transportation.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

There is additional information, including what the law says about hitting unattended vehicles, hitting structures, fixtures or highway landscaping as well.