What to Do After a Car Accident in Dallas, TX

It depends on the crash. Texas law (Tex. Transp. Code § 550.026) requires a driver to notify police immediately if the crash causes injury, death, or damage that leaves a vehicle unable to be normally and safely driven. When police investigate, the officer files the written crash report within 10 days after the collision if there is injury, death, or apparent damage of $1,000 or more to one person's property (Tex. Transp. Code § 550.062); that report is the officer's duty, not the driver's. A police report can also help if the other driver later disputes fault or injuries. In Dallas, call 911 for injury crashes or the Dallas Police non-emergency line, (214) 744-4444.

Generally, two years from the date of the accident to file a personal injury lawsuit under Tex. Civ. Prac. & Rem. Code § 16.003. Some exceptions can change that, for example the period does not run while the injured person is under 18 (§ 16.001). For a claim against a governmental unit (for example, when a government employee or government vehicle was involved), the Texas Tort Claims Act (§ 101.101) generally requires notice of the claim within six months after the incident, and a city charter or ordinance can set its own notice rules; exceptions apply, such as when the government already had actual notice. Missing a deadline can bar recovery, so the specific deadlines are worth confirming early.

Generally yes, within the 2-year statute of limitations (exceptions exist). However, the longer you wait to seek medical care, the harder it is to prove your injuries were caused by the accident. Whiplash, soft tissue injuries, and concussions often don't produce full symptoms for 24–72 hours.

Texas follows modified comparative fault under Tex. Civ. Prac. & Rem. Code § 33.001. You can still recover damages if you were 50% or less at fault, but your recovery is reduced proportionally. In a simplified example, a person found 20% at fault with $100,000 in proven damages would have the award reduced to $80,000. At 51% or more fault, there is no recovery, which is why statements about fault can matter when fault is later decided.

Whether taking cash ends a claim depends on what is agreed. A signed release generally ends the claim, even if injuries turn out worse later, and an informal deal can also be argued to settle it. The true cost of injuries is often unknown until after a medical exam. A private payment does not change the duty to notify police of an injury crash (Tex. Transp. Code § 550.026). Many people have an attorney review any offer or release before signing.

Personal injury attorneys commonly work on contingency: the fee is a percentage of any recovery, with the percentage (and any change if the case goes to trial or appeal) set in the written agreement. Under Texas Disciplinary Rule of Professional Conduct 1.04(d), a contingency fee agreement must be in writing and must state which case expenses are deducted from the recovery and whether before or after the fee is calculated. Case expenses (such as filing fees or expert costs) are separate from the fee; Rule 1.08(d) allows repayment of expenses to be contingent on the outcome, but it is not required to be. Whether you would owe expenses if there is no recovery depends on the written agreement, so it is worth asking before signing.

If you carry Uninsured Motorist (UM) coverage, a claim can be made under your own policy. Texas Insurance Code § 1952.101 requires insurers to offer UM/UIM coverage, which applies unless an insured named in the policy rejected it in writing. What UM pays depends on the policy terms, limits, and proof of the other driver's liability. Other coverage on your own policy may also apply, such as Personal Injury Protection (PIP), which Texas policies include unless an insured named in the policy rejected it in writing (§ 1952.152), and collision coverage for vehicle damage. A direct lawsuit against the uninsured driver is also possible, though it may be difficult to collect if they have no assets.

Yes. Mental anguish and emotional distress are recognized non-economic damages in Texas personal injury cases. Courts have awarded compensation for anxiety, PTSD, sleep disturbances, and fear of driving following serious accidents. Documentation matters: a formal mental health diagnosis, treatment records from a therapist or psychiatrist, and a daily symptom log all strengthen an emotional distress claim. Texas does not cap non-economic damages in most MVA cases, unlike medical malpractice.