What to Do After a Car Accident in Texas: A Step-by-Step Guide (2026)

Two things about Texas surprise almost everyone.

First: the "Blue Form" you may have heard about no longer exists. TxDOT stopped accepting the driver's crash report (Form CR-2) on September 1, 2017. A great deal of advice still floating online tells you to mail one in. Do not.

Second: if a jury finds you 51% at fault, you recover nothing — no matter how badly you were hurt. Texas is not California or New York. The evidence you gather in the next twenty minutes is the only thing standing between you and that line.

Quick Answer: The 8 Steps After a Texas Car Accident

Stop immediately and stay at the scene. Call 911 if anyone is injured, killed, or if any vehicle cannot be safely driven away — Transportation Code § 550.026 requires immediate notice to police in those cases. Photograph everything before the vehicles move. Exchange name, address, vehicle registration number, and insurance information (§ 550.023). Get witness contacts. See a doctor. Notify your insurer promptly. You do not file a CR-2 with TxDOT — that requirement ended in 2017.

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Step 1: Why must you stop, even for a scratch?

Texas Transportation Code Chapter 550 places the duty on involvement, not on fault. A driver who was rear-ended and drives away has still committed an offense.

• § 550.021 — collision involving injury or death: stop immediately (or return), determine whether anyone needs help, and remain until you have complied with the information and aid duties. Leaving is a felony where serious bodily injury results, and a second-degree felony where a person is killed.
• § 550.022 — collision involving vehicle damage: stop and exchange information. Leaving is a Class C misdemeanor if the total damage is under $200 and a Class B misdemeanor if it is $200 or more.
• § 550.024 — striking an unattended vehicle: stop, locate the owner, or leave a written notice in a conspicuous place with your name, address, and a statement of the circumstances. Same Class C / Class B tiers.
• § 550.025 — striking a fixture, structure, or highway landscaping: notify the owner or report to police.

A conviction for failure to stop and render aid also carries a mandatory driver's licence suspension. (Suspension periods are administered by DPS and should be confirmed directly.)

Step 2: When must you call the police?

Under § 550.026, a driver must immediately report a collision — by the quickest means of communication — if it resulted in:

• Injury to a person
• Death of a person
• Damage severe enough that a vehicle cannot be safely driven from the scene

Report to the local police if the crash was inside a municipality, or to the sheriff's office or nearest DPS office if it was outside one.

Note how broad that third trigger is. No visible injury is required. If either car has to be towed, the report is mandatory.

For a genuine fender bender where nobody is hurt and both cars drive normally, § 550.026 does not require a police report. Many drivers call anyway, for documentation.

On a metro freeway, § 550.022 shifts the rule: if every vehicle involved can be safely driven, each driver must move to a designated collision investigation site, a frontage road, the nearest cross street, or another safe location before exchanging information.

Step 3: The CR-2 question — settled

Here is the rule, stated plainly.

Before September 1, 2017: a driver was expected to file Form CR-2 (the "Blue Form" / Driver's Crash Report) with TxDOT when police did not investigate a crash involving injury, death, or apparent property damage of $1,000 or more.

Since September 1, 2017 (85th Legislature, Senate Bill 312): TxDOT no longer retains, hosts, or accepts the CR-2. TxDOT has stated that any CR-2 submitted to it will be destroyed under its records retention policy. Responsibility for crash reporting now rests entirely with law enforcement.

What replaced it: under § 550.062, a peace officer who investigates a crash resulting in injury, death, or apparent property damage of $1,000 or more to any one person must submit a written report (Form CR-3) to TxDOT within 10 days.

What this means for you: there is no DMV-style form you must mail in. Your obligations are to stop, exchange, render aid, and report to police under § 550.026 when that section is triggered.

A caveat worth knowing: some local agencies still hand out a CR-2-style form and some insurers still ask for one. Keeping a completed copy for your own records is harmless and occasionally useful. Sending it to TxDOT accomplishes nothing. Note also that under § 550.066, certain information a person supplies on a driver's accident report form is not admissible in a civil trial — one reason the form was never the silver bullet people believed it was.

📝 Your own record is now the record. Build it →

Step 4: What should you photograph before the cars move?

Once a vehicle is moved, the geometry of the crash is gone permanently. Capture, in order:

1. Wide shots from four corners, showing lane markings and where each vehicle came to rest
2. Both vehicles' damage, straight on and at 45 degrees
3. Both licence plates, legible
4. The other driver's licence and insurance card
5. Traffic controls — signal state, stop signs, posted speed
6. Road conditions — skid marks, debris field, potholes, standing water, glare
7. Visible injuries, with consent
8. A wide shot showing nearby businesses — their cameras overwrite within weeks

Texas is a one-party consent state for recording under Penal Code § 16.02. Because you are a participant in your own roadside conversation, you may lawfully record it. Doing so openly is still the better practice.

Step 5: Exactly what must you exchange?

Under § 550.023, a driver must give their name, address, vehicle registration number, and — on request — show their driver's licence. They must also render reasonable assistance to anyone injured. Texas practice adds insurance information, which you should insist on.

Do not volunteer opinions about fault. In a 51%-bar state, an apology is expensive.

Step 6: When should you see a doctor?

Same day if possible; certainly within 72 hours. Adrenaline masks pain, and soft-tissue injuries, concussions, and internal bleeding often present hours later.

There is also a documentary reality. Adjusters scrutinise "gaps in treatment." A two-week delay between the crash and the first medical visit gives them room to argue the injury came from somewhere else.

This is general information, not medical advice.

Step 7: Notify your insurer — and check what you actually bought

Report promptly; policies contain notice conditions. Reporting is not an admission of fault.

Then read your declarations page, because Texas has an unusual structure:

• Liability (required): 30/60/25 — $30,000 bodily injury per person, $60,000 per accident, $25,000 property damage (Transp. Code § 601.072)
• Personal Injury Protection (PIP): insurers must offer at least $2,500. It is automatically included unless you rejected it in writing. PIP pays your medical bills and 80% of lost income regardless of fault.
• Uninsured / Underinsured Motorist (UM/UIM): insurers must offer it. It is included unless you rejected it in writing.

Many Texans who believe they have "no PIP" simply never checked. Look.

Step 8: Understand the 51% rule before you say anything

Texas applies proportionate responsibility under Civil Practice & Remedies Code § 33.001. You may recover only if your percentage of responsibility is not greater than 50%. Your damages are then reduced by your share.

That cliff at 51% is the single most important fact in Texas auto law. In California and New York — pure comparative negligence states — a plaintiff 80% at fault still recovers 20%. In Texas, they recover nothing.

An adjuster does not need to prove you caused the crash. They need to move you one point over the line.

Texas Deadlines at a Glance

Frequently Asked Questions

Do I have to file a CR-2 Blue Form after a Texas car accident? No. TxDOT stopped retaining and accepting the CR-2 on September 1, 2017 under SB 312. Peace officers file the CR-3 instead.

Do I have to call the police after a minor accident in Texas? Only if someone was injured or killed, or if a vehicle cannot be safely driven from the scene (§ 550.026). Otherwise it is optional — and often wise.

Is Texas a no-fault state? No. Texas is an at-fault state with a 51% bar on recovery under CPRC § 33.001. PIP exists but is optional, not a no-fault system.

Do I have PIP in Texas? Probably, unless you rejected it in writing. Insurers must offer at least $2,500. Check your declarations page.

How long do I have to sue after a Texas car accident? Two years from the crash for personal injury and property damage; two years from the date of death for wrongful death (CPRC § 16.003).

📝 In a 51% state, the record decides everything. Record your accident with NowAccident — free, three minutes.

Sources

• Texas Transportation Code §§ 550.021, 550.022, 550.023, 550.024, 550.025, 550.026, 550.062, 550.066; § 601.072
• Texas Civil Practice & Remedies Code §§ 16.003, 33.001, 101.101
• Texas Penal Code § 16.02
• 85th Texas Legislature, Senate Bill 312 (2017)
• TxDOT — Crash Reports and Records
• Texas Office of Public Insurance Counsel — Auto Insurance Basics

Disclaimer

This article provides general information about Texas law as of the last updated date. It is not legal advice, does not create an attorney-client relationship, and does not account for the specific facts of your situation. Statutes, penalty classifications, and licence-suspension periods change. Verify current requirements on the Texas Statutes site (statutes.capitol.texas.gov), with TxDOT, or with the Texas Department of Public Safety, and consult a licensed Texas attorney about your case. Health-related statements are general information, not medical advice.