The First 48 Hours: What Every Injured Person Should Do
Whether you've been hurt in a car wreck, on the job, or in any other kind of accident, the steps you take in the first two days can make or break your case. Here's a universal checklist.
- 1
Get to safety and call 911.
Your health and safety come first. Always call 911 if there is any injury, any significant property damage, or any dispute about what happened.
- 2
Get medical attention — even if you "feel fine."
Many serious injuries, especially traumatic brain injuries, soft-tissue injuries, and internal injuries, don't show symptoms for hours or even days. Get evaluated by a medical professional the same day.
- 3
Document everything.
Take photos and videos of the scene, vehicles, injuries, road conditions, weather, traffic signs, and anything else that might be relevant. Get the names and contact information of all witnesses.
- 4
Get a copy of the police or incident report.
Don't rely on someone else to obtain it. Request a copy yourself.
- 5
Do NOT give a recorded statement to the other driver's insurance company.
You are not legally required to. Anything you say can — and will — be used to reduce or deny your claim.
- 6
Do NOT post about the accident on social media.
Insurance defense attorneys monitor claimants' social media. A single photo or comment can be twisted to undermine your claim.
- 7
Preserve all evidence.
Keep damaged property, clothing, helmets, vehicles, and devices. Do not repair, replace, or dispose of anything until your attorney has evaluated whether it's evidence.
- 8
Keep a written log.
Every doctor visit, every symptom, every missed day of work, every conversation with insurance — date it and write it down.
- 9
Call a personal injury attorney before signing anything.
Insurance adjusters often present quick settlement offers that look generous but are a fraction of what your case is worth. Never sign a release or accept a settlement before talking to an attorney.
After a Car Accident in Texas
Texas is a fault-based state. That means the driver who caused the accident — and that driver's insurance — is responsible for the damages. But proving fault and getting fair compensation is rarely simple.
Step 1: At the scene
- ▸Call 911 and get to safety
- ▸Exchange driver, vehicle, and insurance info
- ▸Take photos of all vehicles, injuries, and the scene
- ▸Get names and phone numbers of every witness
Step 2: Reporting requirements
Texas requires a crash report (Form CR-3) for any accident causing injury, death, or property damage of $1,000 or more.
Step 3: Notify your insurance — but stick to the facts
You must report the accident to your own insurer. Do not admit fault, speculate about what happened, or give a recorded statement.
Step 4: Track your damages
Recoverable categories include medical bills, lost wages, property damage, pain and suffering, future medical needs, and loss of earning capacity.
Texas's 51% Rule: Texas follows "modified comparative fault." If you are found more than 50% at fault, you recover nothing. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. Insurance companies will try to shift blame onto you. An experienced attorney is your best protection.
After a Truck or 18-Wheeler Accident
Commercial trucking accidents are not the same as ordinary car wrecks. Trucking cases involve federal regulations, multiple potential defendants (driver, motor carrier, broker, shipper, maintenance company, manufacturer), and corporate defense teams that arrive at the scene within hours.
Why trucking cases are different
- ▸Federal Motor Carrier Safety Regulations (FMCSR) govern hours of service, driver qualifications, and equipment
- ▸Electronic Logging Device (ELD) data, dash cam footage, and black-box data can be deleted within days
- ▸Spoliation letters must be sent immediately to preserve evidence
- ▸Multiple insurance policies (often layered) may apply
- ▸Punitive damages may be available where drug use, hours-of-service violations, or maintenance fraud is involved
Time is critical in trucking cases. Evidence disappears. Call a lawyer experienced in trucking litigation within 24-48 hours.
After a Motorcycle Accident
Texas requires helmets only for riders under 21 (or those without proper insurance/safety course completion), but the choice to ride without one can be used against you. Beyond the law, motorcyclists face deeply rooted juror biases — that they were speeding, weaving, or assumed the risk by riding at all. Overcoming those biases requires deliberate case preparation.
What to do
- ▸Preserve the bike, your helmet, and your gear as evidence — do not repair or return them
- ▸Photograph road conditions, debris, and sightlines from the driver's perspective
- ▸Seek immediate evaluation for TBI, road rash, fractures, and spinal injuries
- ▸Avoid giving statements until you've spoken with a lawyer who tries motorcycle cases
After a Workplace or Industrial Injury
Texas is the only state that does not require employers to carry workers' compensation insurance. This creates two completely different legal paths after a workplace injury.
Subscriber Employer
Has Workers' Comp
You're generally limited to workers' comp benefits and cannot sue your employer. But you may still have a third-party claim against equipment manufacturers, subcontractors, drivers, or property owners.
Non-Subscriber Employer
No Workers' Comp
You can sue your employer directly for negligence — and the employer loses certain common-law defenses. Non-subscriber cases often result in significantly higher recoveries than workers' comp.
Steps after any workplace injury
- ▸Report the injury to your supervisor in writing immediately
- ▸Get medical care — and tell the provider it was a work injury
- ▸Document witnesses, equipment, and conditions
- ▸Photograph the scene if possible
- ▸Request a copy of the incident report
- ▸Do NOT sign any document offered by your employer or their insurer without an attorney reviewing it
- ▸Call a personal injury attorney experienced in workplace injury cases
Seeking Proper Medical Care After an Accident
Your health is the priority — but the medical care you seek after an accident also becomes the foundation of your legal case. Here's how to protect both.
- ▸Go to the ER or urgent care the same day. Delay creates ammunition for the defense to argue your injuries weren't serious or weren't caused by the accident.
- ▸Tell every provider exactly how you were hurt. Be consistent. Inconsistent statements in medical records are the #1 way insurance defense attorneys discredit injured plaintiffs.
- ▸Follow every treatment recommendation. Skipped appointments and unfilled prescriptions are used to argue you weren't really hurt.
- ▸Watch for delayed-onset symptoms. Especially headaches, dizziness, memory issues, mood changes, sleep disturbances, numbness, tingling, or weakness. These can indicate traumatic brain injury or spinal cord injury that requires specialized evaluation.
- ▸Keep every bill, every record, every receipt. Even copays. Even mileage to and from appointments.
Dealing with Insurance Companies: What to Say (and What Never to Say)
Insurance adjusters are trained to minimize payouts. They are not your friends, even when they sound like it. Here's what to know.
You are not required to give a recorded statement to the other driver's insurance company. Politely decline.
What to say
Confirm the date, location, and that you were involved. That's it.
What never to say
"I'm fine." "It was partly my fault." "I don't think I'm hurt." Any speculation about fault, injuries, or future treatment.
About settlement offers
First offers are almost always low. Once you sign a release, you cannot reopen the case — even if your injuries turn out to be far more serious than you thought.
When to Call an Attorney — and Why Early Matters
The right time to call a personal injury attorney is as soon as possible — ideally before you've spoken to any insurance company other than your own.
Why early matters
- ▸Evidence disappears (camera footage is overwritten, skid marks fade, witnesses move)
- ▸Spoliation letters must be sent immediately in trucking, rideshare, and product cases
- ▸You'll avoid the most common mistakes (recorded statements, premature settlements, social media posts)
- ▸Your attorney can communicate with insurance companies for you, ending the harassing phone calls
- ▸You will likely recover significantly more — even after attorney's fees — when represented by counsel*
*Studies by the Insurance Research Council have historically shown that claimants represented by attorneys recover, on average, substantially more than unrepresented claimants. Individual results vary; no specific recovery is guaranteed.
There is no charge to talk to us. There is no obligation. If we take your case, we work on contingency — you pay nothing unless we recover for you.*
*Client may be responsible for case costs in certain circumstances. See fee agreement.
Texas Statutes of Limitations: How Long You Have to File
A statute of limitations is a legal deadline. Miss it, and your case is barred — forever — no matter how strong it is. Here are the most important deadlines for Texas injury cases.
| Type of Claim | Texas Deadline |
|---|---|
| Personal injury (most cases) | 2 years from date of injury |
| Wrongful death | 2 years from date of death |
| Property damage | 2 years |
| Medical malpractice | 2 years (with certain absolute limits) |
| Claims against a governmental unit | Notice within 6 months (often shorter for cities) |
| Workers' compensation | 1 year to file claim |
These deadlines have exceptions and can be shortened (or in rare cases extended) depending on the facts. The only safe assumption is that the clock is ticking. Call as soon as possible to protect your rights.