Texas car accident not your fault?
Being involved in a car accident is stressful enough, but when it’s not your fault, you might feel angry, confused, and overwhelmed. You’re probably wondering what steps you need to take to protect yourself and ensure you get the compensation you deserve. At Frenkel & Frenkel, we’ve helped thousands of Texas accident victims navigate this challenging situation, and we’re here to guide you through every step of the process.
Key Takeaways
-Stay calm and prioritize safety at the accident scene
-Document everything thoroughly with photos and witness information
-Seek immediate medical attention, even for seemingly minor injuries
-Contact experienced personal injury attorneys before speaking with insurance companies
-Never admit fault or accept quick settlement offers
-Understand your rights under Texas law
Immediate Steps at the Accident Scene
1. Ensure Safety First
Your safety and the safety of others should be your top priority. If possible, move your vehicle to a safe location away from traffic. Turn on your hazard lights and set up flares or reflective triangles if you have them. If anyone appears seriously injured or if vehicles cannot be moved safely, leave them where they are and wait for emergency responders.
2. Call 911
Even if the accident seems minor, it’s crucial to call 911. A police report will provide an official record of the incident, which can be invaluable for your insurance claim and any potential legal action. When speaking with the police, stick to the facts about what happened. Avoid speculating about causes or admitting any fault, even if you think you might have contributed to the accident.
3. Check for Injuries
Check yourself and your passengers for injuries. Remember that adrenaline can mask pain and symptoms, so injuries might not be immediately apparent. If anyone complains of pain or discomfort, call for medical assistance immediately. Some injuries, particularly those involving the neck, back, or head, may not show symptoms for hours or even days after the accident.
Gathering Critical Evidence
Document the Scene Thoroughly
Your smartphone is your best tool for documenting the accident scene. Take photos of all vehicles involved from multiple angles, the accident scene including street signs and traffic signals, skid marks and debris, license plates of all vehicles involved, the other driver’s insurance card and driver’s license, and any visible injuries you or your passengers sustained.
Collect Witness Information
Witnesses can provide crucial testimony about what happened. Get the names and contact information of anyone who saw the accident. Ask them to briefly describe what they witnessed and, if possible, record their statements on your phone. Independent witnesses often provide the most credible testimony since they have no stake in the outcome.
Exchange Information
Gather the full names and contact information from all drivers involved, along with their driver’s license numbers, insurance company names and policy numbers, vehicle make, model, year, and VIN numbers, and license plate numbers. Be polite but limit your conversation with the other driver. Avoid discussing fault or making statements like “I’m sorry” that could be interpreted as admissions of guilt.
Seeking Medical Attention
Why Immediate Medical Care Matters
Even if you feel fine immediately after the accident, it’s essential to seek medical attention as soon as possible. Many car accident injuries, such as whiplash, concussions, and soft tissue damage, don’t show symptoms right away. Having a medical record that documents your condition immediately after the accident is crucial for your insurance claim and any potential legal action.
Follow Through with Treatment
If a doctor recommends follow-up care, physical therapy, or additional tests, make sure to follow through with all recommended treatment. Insurance companies often use gaps in medical treatment to argue that your injuries weren’t serious or weren’t caused by the accident. Consistent medical care demonstrates the severity of your injuries and your commitment to recovery.
Dealing with Insurance Companies
Contact Your Insurance Company
Report the accident to your insurance company as soon as possible, even though the accident wasn’t your fault. Most insurance policies require prompt notification of accidents. When speaking with your insurer, stick to the facts and avoid speculating about fault or the extent of your injuries.
Be Cautious with the Other Driver’s Insurance
The at-fault driver’s insurance company will likely contact you soon after the accident. While you should cooperate with their investigation, be very careful about what you say. Insurance adjusters are trained to minimize payouts, and they may try to get you to make statements that could hurt your claim.
Important: Never give a recorded statement to the other driver’s insurance company without first consulting with an attorney. At Frenkel & Frenkel, we recommend that all communication with the at-fault party’s insurance company go through your legal representation.
Don’t Accept Quick Settlement Offers
Insurance companies often make quick settlement offers that don’t reflect the full value of your damages, hoping you’ll accept before you fully understand the extent of your injuries. These initial offers rarely cover all your expenses, including future medical costs, lost wages, and pain and suffering. Our experienced Texas trial attorneys know how to evaluate the true value of your claim and fight for fair compensation.
Understanding Your Rights in Texas
Texas Fault-Based System
Texas follows a “fault-based” system for car accidents, which means the driver who caused the accident is responsible for paying damages. However, Texas also uses a “modified comparative fault” rule. This means that if you’re found to be more than 50% at fault for the accident, you cannot recover damages. If you’re found to be less than 50% at fault, your compensation will be reduced by your percentage of fault.
Types of Damages You Can Recover
When the accident isn’t your fault, you may be entitled to compensation for:
Economic Damages:
-Medical expenses (current and future)
-Lost wages and reduced earning capacity
-Property damage to your vehicle
-Out-of-pocket expenses related to the accident
Non-Economic Damages:
-Pain and suffering
-Emotional distress
-Loss of enjoyment of life
-Impact on your relationships and daily activities
Statute of Limitations
In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. While this might seem like plenty of time, it’s important to act quickly. Evidence can disappear, witnesses’ memories fade, and insurance companies become less cooperative as time passes.
Why You Need Legal Representation
The Insurance Company Advantage
Insurance companies have teams of lawyers, adjusters, and investigators working to minimize their payouts. They know the law, they know the tactics that work, and they have virtually unlimited resources. When you’re dealing with injuries, medical bills, and lost wages, you’re at a significant disadvantage trying to handle your claim alone.
Our Experience Makes the Difference
At Frenkel & Frenkel, our founding attorneys have over 100 years of combined experience representing injury victims in Dallas and throughout Texas. Mark D. Frenkel and Scott B. Frenkel both began their careers defending insurance companies, so they know exactly how these companies operate and what tactics they use to minimize payouts.
This insider knowledge allows us to anticipate insurance company strategies, build stronger cases from the beginning, negotiate more effectively, and achieve better outcomes for those we represent.
We Handle Everything
When you hire Frenkel & Frenkel, we take care of all aspects of your case so you can focus on recovery. We communicate with all insurance companies, gather and preserve evidence, coordinate with medical providers, handle all paperwork and legal deadlines, negotiate for maximum compensation, and take your case to trial if necessary.
Common Mistakes to Avoid
Don’t Admit Fault
Even if you think you might have contributed to the accident, never admit fault at the scene or to insurance companies. Fault determination is complex and should be left to professionals who can thoroughly investigate all the circumstances.
Don’t Delay Medical Treatment
Waiting to seek medical attention can hurt both your health and your claim. Insurance companies often argue that delayed treatment means injuries weren’t serious or weren’t caused by the accident.
Don’t Sign Anything Without Legal Review
Insurance companies may ask you to sign medical releases or other documents. Don’t sign anything without having it reviewed by an attorney first. Some documents can give insurance companies access to your entire medical history, which they may use against you.
Don’t Post on Social Media
Insurance companies and their investigators often monitor social media accounts of accident victims. Photos or posts that show you engaging in physical activities could be used to argue that your injuries aren’t as serious as you claim.
Special Considerations for Different Types of Accidents
Commercial Vehicle Accidents
If you were hit by a commercial vehicle, such as a delivery truck or company car, the case may be more complex. Commercial vehicles often have higher insurance limits, but they also have more resources to fight claims.
Truck Accidents
Truck accidents involve special federal regulations and often result in more severe injuries due to the size and weight of commercial trucks. These cases require attorneys who understand trucking regulations and industry standards.
Drunk Driving Accidents
If the other driver was under the influence, you may be entitled to additional compensation. Drunk driving accidents often involve punitive damages in addition to compensatory damages.
Uninsured Motorist Accidents
If the at-fault driver doesn’t have insurance or doesn’t have enough insurance to cover your damages, your own uninsured motorist coverage may apply.
Our Client-First Approach
Family Values in Action
Frenkel & Frenkel is a family-founded firm with a client-first mission. We understand that behind every case is a real person facing pain, uncertainty, and financial stress. From the moment you contact us, you’ll see that our focus is on you, your story, your needs, and your future.
Award-Winning Representation
Our commitment to excellence has earned us recognition throughout Texas. We’ve been voted “Favorite Law Firm” by Addison Magazine for over a decade and have received over 1,000 five-star reviews from satisfied clients. D Magazine has recognized our attorneys as “Best Lawyers,” and we’re proud members of the Multi-Million Dollar Advocates Forum.
No Fees Unless We Win
We represent accident victims on a contingency fee basis, which means you don’t pay attorney fees unless we successfully recover compensation for you. This allows you to get the legal representation you need without worrying about upfront costs.
Taking Action Today
Don’t Wait
The sooner you contact Frenkel & Frenkel, the better we can protect your rights and build your case. Evidence can disappear quickly, and insurance companies start building their defense immediately.
Free Consultation
We offer free consultations to discuss your case and explain your options. During this consultation, we’ll:
-Review the details of your accident
-Explain your rights under Texas law
-Discuss the potential value of your claim
-Answer all your questions
-Provide guidance on next steps
Available 24/7
We understand that accidents don’t happen on a schedule. That’s why we’re available 24/7 to take your call and begin working on your case immediately.
Conclusion
Being in a car accident that’s not your fault is overwhelming, but you don’t have to face it alone. By taking the right steps immediately after the accident and getting experienced legal representation, you can protect your rights and maximize your recovery.
At Frenkel & Frenkel, we’ve been fighting for accident victims for decades. We know how to deal with insurance companies, we understand Texas law, and we’re committed to getting you the compensation you deserve.
Don’t let insurance companies take advantage of you during this difficult time. Contact Frenkel & Frenkel today for your free consultation. Call us at (214) 333-3333 in Dallas or (817) 333-3333 in Fort Worth. We’re here to help you every step of the way.
What to Do After a Car Accident That’s Not Your Fault in Texas Frequently Asked Questions
What should I do immediately after a car accident that’s not my fault?
Ensure safety, call 911, document the scene with photos, gather witness information, exchange insurance details, and seek medical attention. Contact Frenkel & Frenkel before speaking with insurance companies.
Should I talk to the other driver’s insurance company?
Be cautious when speaking with the at-fault driver’s insurance company. Never give recorded statements without legal representation. Our experienced attorneys recommend handling all communications through your legal counsel.
How long do I have to file a claim in Texas?
Texas has a two-year statute of limitations for personal injury claims. However, it’s important to act quickly to preserve evidence and protect your rights.
What if the other driver doesn’t have insurance?
If the at-fault driver is uninsured, your own uninsured motorist coverage may apply. We can help you navigate these complex situations.
Do I need a lawyer if the accident wasn’t my fault?
Yes. Insurance companies have teams of professionals working to minimize payouts. Having experienced legal representation levels the playing field and significantly improves your chances of fair compensation.
Created On 9-8-25