Car AccidentUpdated March 2026

Just Been in a Car Accident in Houston?

Texas gives you just 2 years to file an injury claim — and Houston's roads are among the deadliest in the country. Here's what you need to do right now to protect your right to compensation.

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Key Takeaways

  • Check for injuries and call 911 immediately — Texas law requires reporting any accident involving injury, death, or property damage exceeding $1,000 (Tex. Transp. Code § 550.026).
  • Texas has a 2-year statute of limitations for personal injury claims (Tex. Civ. Prac. & Rem. Code § 16.003) — miss this deadline and you permanently lose your right to compensation.
  • Under Texas's modified comparative negligence rule (Tex. Civ. Prac. & Rem. Code § 33.001), you recover nothing if you are found 51% or more at fault; if less than 51% at fault, your award is reduced by your fault percentage.
  • Houston reported roughly 66,236 traffic crashes and 339 traffic fatalities in 2024 — more than any other city in Texas. Harris County had 579 traffic deaths, the highest of any Texas county.
  • Do not give a recorded statement to the other driver's insurance company — you are not legally required to, and anything you say can be used to reduce or deny your claim.
  • Most Houston car accident attorneys offer free consultations and work on contingency, meaning you pay nothing unless they win your case.
1

Check for injuries and call 911

Your safety comes first. Before thinking about vehicle damage, insurance, or fault, take a breath and check whether you or your passengers are hurt.

Call 911 even if injuries seem minor. Texas law requires drivers to report any accident involving injury, death, or property damage exceeding $1,000. The Houston Police Department (HPD) or Harris County Sheriff's Office will respond and create an official crash report — a critical piece of evidence for any future claim.

Adrenaline masks pain. Injuries like whiplash, concussions, herniated discs, and internal bleeding often don't produce symptoms for hours or even days. Don't tell anyone at the scene "I'm fine" — that statement can be used against you later by an insurance adjuster looking for reasons to deny or minimize your claim.

Houston recorded approximately 66,236 traffic crashes in 2024 alone, with 339 fatalities — a record high. Harris County accounted for 579 traffic deaths that year, the highest of any county in the state. You are not alone, and there is a clear path forward.

2

Move to safety if you can

If your vehicle is drivable and you're not seriously injured, pull to the shoulder, a parking lot, or a side street to avoid blocking traffic. Turn on your hazard lights. Houston's freeways — I-10, I-45, I-69/US-59, I-610, and Beltway 8 — carry enormous traffic volumes, and a disabled vehicle on the highway creates dangerous secondary crash risk.

I-45 between downtown Houston and Galveston (the Gulf Freeway) is consistently one of the deadliest roads in the state, with 27 fatalities in a single recent reporting year. The Katy Freeway (I-10 West) carries over 300,000 vehicles per day, making it one of the widest and busiest highways in the world. If your accident happened on either of these corridors, getting out of the travel lanes quickly is critical.

If you cannot move the car, stay inside with your seatbelt on and your hazard lights activated until first responders arrive. Standing on the shoulder of a Houston freeway is extremely dangerous, especially during rush hour, at night, or during rain — Houston averages about 50 inches of rainfall per year, and wet roads contribute to a significant portion of crashes.

3

Document the scene

Pull out your phone and photograph everything: all vehicles involved from multiple angles, the intersection or stretch of road where the crash happened, traffic signals or signs, skid marks, debris, road conditions, weather conditions, and any visible injuries. These photos become evidence that insurance adjusters and attorneys rely on.

Exchange information with the other driver: full name, phone number, insurance company and policy number, driver's license number, and license plate number. If there are witnesses, ask for their names and phone numbers — witness testimony can make or break a disputed fault claim, especially on Houston's massive multi-lane freeways where accidents happen fast.

Do not apologize or admit fault at the scene, even if you think you might be partially responsible. Fault determination in Texas is a legal question that depends on all the evidence — not a split-second impression while you're shaken up at the scene.

4

File a police report

If HPD responded to the scene, they'll generate a crash report automatically. If officers did not respond — which sometimes happens in Houston given the sheer volume of daily crashes — you should file a report yourself. For non-injury crashes, HPD allows you to file a "blue form" report online or at a police substation.

Texas law (Tex. Transp. Code § 550.062) requires drivers to file a crash report with TxDOT within 10 days if the crash caused injury, death, or property damage of $1,000 or more and was not investigated by a law enforcement officer.

To obtain a copy of your HPD crash report, you can purchase it online through BuyCrash (LexisNexis) for $6 plus a small processing fee. Reports are typically available 5 to 10 business days after the crash. You can also request a report in person at the HPD Records Division, Edward A. Thomas Building, 1200 Travis Street, 1st Floor, Houston, TX 77002, Monday through Friday 8:00 AM to 5:00 PM, for $6 per report.

For crashes on Texas highways investigated by the Texas Department of Public Safety (DPS), you can order reports through the TxDOT Crash Reports Online Purchase System at cris.dot.state.tx.us/public for $6.

5

See a doctor within 72 hours

Even if you feel fine, see a doctor within 72 hours of the accident. Concussions, herniated discs, soft tissue injuries, and internal bleeding often have delayed symptoms. A prompt medical evaluation creates a documented link between the accident and your injuries — without it, the insurance company will argue your injuries were pre-existing or caused by something else entirely.

Houston is home to the Texas Medical Center, the largest medical complex in the world. Memorial Hermann-Texas Medical Center operates the Red Duke Trauma Institute, a Level I trauma center treating over 14,000 trauma patients per year — it is one of the busiest trauma centers in the country. Ben Taub Hospital (Harris Health System) is also a Level I trauma center, affiliated with Baylor College of Medicine. For less severe injuries, Houston Methodist Hospital, CHI St. Luke's Health–Baylor St. Luke's Medical Center, and HCA Houston Healthcare facilities are available throughout the metro area.

Keep every receipt, every doctor's note, and every prescription. These records form the foundation of your injury claim and directly impact the compensation you may be entitled to.

6

Do NOT give a recorded statement to the other driver's insurance

The at-fault driver's insurance company will contact you quickly — often within 24 to 48 hours. They may sound friendly and sympathetic. They are not on your side. Their job is to settle your claim for as little as possible, and everything you say in a recorded statement can be used to reduce or deny your claim.

You are not legally required to give them a recorded statement. If they ask, say: "I'm not prepared to give a statement at this time." They may also offer a quick settlement. Don't accept it — early offers are almost always far below the true value of your claim, especially before you know the full extent of your injuries.

Texas is an at-fault state. The driver who caused the accident (and their insurance company) is responsible for paying the other driver's damages. Texas requires minimum liability insurance of 30/60/25: $30,000 per person for bodily injury, $60,000 per accident for bodily injury, and $25,000 for property damage. However, these minimums often fall far short of covering serious injuries. An estimated 14% of Texas drivers are uninsured, which means you may need to rely on your own uninsured/underinsured motorist (UM/UIM) coverage if the at-fault driver has no insurance or insufficient coverage.

7

Understand Texas's 2-year statute of limitations

Under Tex. Civ. Prac. & Rem. Code § 16.003, you have two years from the date of the accident to file a personal injury lawsuit in Texas. Miss this deadline and you permanently lose the right to seek compensation through the courts — Texas courts enforce this strictly.

Two years may sound like enough time, but building a strong case requires gathering evidence, obtaining complete medical records, reaching maximum medical improvement, and negotiating with insurance companies. Houston's courts — particularly Harris County Civil District Courts — carry heavy dockets, and filing early gives your attorney more leverage in negotiations.

If your accident involved a government vehicle or a crash on a government-maintained road, the notice deadline is much shorter: Tex. Civ. Prac. & Rem. Code § 101.101 requires formal written notice within 6 months of the incident. Missing this notice deadline can bar your claim entirely.

8

Consider talking to a personal injury attorney

If you were injured, if the other driver was at fault, or if you're getting the runaround from an insurance company, it's worth having a conversation with a personal injury attorney. Initial consultations are free, and most PI attorneys work on contingency — you pay nothing unless they win your case.

An experienced Houston car accident attorney can evaluate whether your case has value, handle all communication with insurance companies, gather evidence and expert opinions, and negotiate a settlement that accounts for your full damages — not just your current medical bills, but future treatment, lost income, pain and suffering, and reduced earning capacity.

Houston is the largest PI advertising market in the country, which means there are many firms competing for your case. Look for an attorney with trial experience in Harris County courts, a track record with car accident cases specifically, and transparent communication about their process and fees.

Houston Car Accident Facts

~66,236

traffic crashes reported in the City of Houston in 2024

Houston Police Department / Houston Public Media

339

traffic fatalities in Houston in 2024 — a record high and more than any other Texas city

Houston Police Department / Houston Public Media

2 Years

statute of limitations for personal injury claims in Texas

Tex. Civ. Prac. & Rem. Code § 16.003

~14%

estimated percentage of Texas drivers who are uninsured

Insurance Research Council

High-risk roads in Houston

Houston's sprawling freeway network is among the most dangerous in the country. I-45 (the Gulf Freeway) between downtown and Galveston is consistently the deadliest road in Houston, with 27 fatalities in a single recent reporting year. I-10 (the Katy Freeway) carries over 300,000 vehicles per day and is one of the busiest highways in the world. The I-610 Loop, I-69/US-59, and Beltway 8 (Sam Houston Tollway) all see high volumes of fatal crashes. On surface streets, Telephone Road, Westheimer Road, Airline Drive, Martin Luther King Blvd, and Fondren Road are among the deadliest corridors. The intersection of Bissonnet Street and Beltway 8 in southwest Houston logged over 220 crashes in a recent reporting period, making it one of Houston's most dangerous intersections. FM 1960 and West Lake Houston Parkway in northeast Houston sees approximately 200 crashes per year. Intersection-related crashes account for roughly 40% of all traffic collisions in the city, and speeding is a factor in about 35% of fatal crashes.

Texas is an at-fault state

Texas is an at-fault insurance state with a modified comparative negligence system. Under Tex. Civ. Prac. & Rem. Code § 33.001, each party involved in an accident is assigned a percentage of fault. You can still recover compensation as long as your fault is 50% or less. Your award is reduced by your percentage of fault — so if you're 20% at fault and your damages are $100,000, you'd receive $80,000. But if you are found 51% or more at fault, you recover nothing. This is called the 51% bar rule. Texas's minimum auto liability insurance requirements are 30/60/25: $30,000 per person for bodily injury, $60,000 per accident for bodily injury, and $25,000 for property damage. These minimums often fall short of covering serious injuries from highway-speed crashes. Texas does not cap non-economic damages (pain and suffering) in most personal injury cases — unlike medical malpractice, where caps apply. Approximately 14% of Texas drivers carry no insurance at all, making uninsured motorist (UM) coverage strongly recommended.

Getting your crash report in Houston

For HPD-investigated crashes, you can purchase your report online through BuyCrash (buycrash.lexisnexisrisk.com) for $6 plus a small processing fee. Reports are typically available 5 to 10 business days after the accident. You can also obtain a report in person at the HPD Records Division, Edward A. Thomas Building, 1200 Travis Street, 1st Floor, Houston, TX 77002, Monday through Friday 8:00 AM to 5:00 PM, for $6 per report. You will need the crash date and your name or the report number. For crashes investigated by the Texas Department of Public Safety (DPS) — typically on highways — you can order your report through the TxDOT Crash Reports Online Purchase System at cris.dot.state.tx.us/public for $6. If your crash involved a Harris County Sheriff's deputy or constable, contact the Harris County Records Division at (713) 755-6044.

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Car Accident FAQ — Houston & Texas

Texas has a two-year statute of limitations for most personal injury claims under Tex. Civ. Prac. & Rem. Code § 16.003, starting from the date of the accident. If you are filing a claim against a government entity, you must provide formal written notice within 6 months under Tex. Civ. Prac. & Rem. Code § 101.101. Given these deadlines, you should act within weeks of the accident — evidence fades, witnesses forget details, and insurance companies take early claims more seriously.

You are not required to give a recorded statement to the other driver's insurance company, and doing so almost always hurts your claim. Insurance adjusters are trained to ask questions that get you to say things that reduce the value of your case or give them grounds to deny it. Politely decline and tell them to contact your attorney. If you don't have one yet, get legal advice before speaking with them.

Texas uses a modified comparative negligence rule with a 51% bar under Tex. Civ. Prac. & Rem. Code § 33.001. You can still recover compensation as long as you are no more than 50% at fault. Your award is reduced by your percentage of fault — so if you're 20% at fault and your damages are $100,000, you'd receive $80,000. If you're 51% or more at fault, you recover nothing.

Most personal injury attorneys in Houston work on a contingency fee basis, meaning you pay nothing upfront and nothing unless they win your case. The typical contingency fee is 33% of the settlement before trial, or 40% if the case goes to trial. The initial consultation is almost always free. There's no financial risk to you for exploring your legal options.

Texas follows a modified comparative negligence system known as proportionate responsibility under Tex. Civ. Prac. & Rem. Code § 33.001. Each party involved in an accident is assigned a percentage of fault. You can recover damages only if your fault is 50% or less. Your compensation is reduced proportionally — if you're 30% at fault, you receive 70% of your total damages. If you're 51% or more at fault, you are completely barred from recovery.

Not every fender bender requires an attorney. But if you were injured, missed work, or are dealing with medical bills, a free consultation is worth your time. Many injuries from car accidents — like whiplash, soft tissue damage, or mild traumatic brain injuries — don't show symptoms immediately but can become serious and expensive. An attorney can help you understand the full value of your claim before you settle for far less than you deserve.

In Texas, you may be entitled to compensation for medical expenses (current and future), lost wages and reduced earning capacity, pain and suffering, property damage, mental anguish, and loss of enjoyment of life. Texas does not cap non-economic damages (like pain and suffering) in most personal injury cases — your recovery is based on the full extent of your harm. Economic damages — your actual financial losses — are also uncapped. In cases involving gross negligence, you may also be eligible for punitive (exemplary) damages, which are capped at the greater of 2x economic damages plus up to $750,000 in non-economic damages, or $200,000 under Tex. Civ. Prac. & Rem. Code § 41.008.

Simple car accident cases in Houston typically settle in 3 to 9 months. More complex cases involving severe injuries, disputed fault, or multiple parties can take 1 to 3 years, especially if they go to trial. Harris County civil courts carry heavy dockets, so cases that go to trial can face delays. Most cases settle before trial. The timeline depends on how quickly you reach maximum medical improvement, the complexity of your injuries, and how cooperative the insurance company is.

Approximately 14% of Texas drivers are uninsured. If the at-fault driver has no insurance, your options include filing a claim under your own uninsured motorist (UM) coverage if you carry it, or pursuing a lawsuit directly against the at-fault driver. Texas does not require UM coverage, but it is strongly recommended — it protects you when the other driver can't pay. If you don't have UM coverage, an attorney can help you evaluate your options.

Houston's position as a major freight hub — with the Port of Houston, the I-10 corridor, and the I-45 corridor — means commercial truck traffic is constant. If your accident involved an 18-wheeler, delivery truck, or other commercial vehicle, the case is significantly more complex than a standard car accident. Commercial vehicles carry larger insurance policies ($1 million to $5 million or more), and the trucking company will dispatch a rapid-response team to the scene to protect their interests. An attorney experienced in truck accident litigation can preserve critical evidence like electronic logging device (ELD) data, driver qualification files, and hours-of-service records before they are destroyed or altered.

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InjuryNextSteps.com provides general informational content and is not a law firm. The information on this page does not constitute legal advice and should not be relied upon as such. Every accident is different. Contacting us does not create an attorney-client relationship. If you need legal advice, consult a licensed attorney in your jurisdiction. The legal information on this page references Texas statutes and is current as of 2026 but may change. Always verify with a qualified attorney.

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