A car accident lawyer San Antonio drivers call after a crash tends to hear the same story: a merge on Loop 410, a sudden stop on I-10 near downtown, and then a blur of adrenaline. Texas law does not wait for the blur to clear. Under Texas Transportation Code Section 550.021, a driver involved in a collision that causes injury must stop, check on everyone involved, and stay at the scene until specific duties are met. The first hour after a Bexar County crash decides much of what an insurer will see later.
Car Accident Lawyer San Antonio Basics: The Duty to Stop
Section 550.021 requires the operator of a vehicle in an injury collision to stop immediately, or return to the scene if the vehicle could not stop there. The driver must determine whether anyone requires aid and remain until the duties in Section 550.023 are complete. Those duties are concrete. The driver gives a name, an address, the vehicle’s registration number, and the name of the liability insurer. If asked, the driver shows a license. Anyone hurt gets reasonable assistance, including a ride to a hospital when treatment is clearly needed. Leaving early is not a paperwork issue. Texas grades it as a crime, and the grade rises with the severity of the injury.
Getting the Crash Report in Bexar County
San Antonio police complete a Texas peace officer’s crash report, known as the CR-3, for collisions that involve injury, death, or significant vehicle damage. That report lists the drivers, the insurers, the officer’s diagram, and any citations issued. Insurers read it before they read anything else. Copies are available through the Texas Department of Transportation’s online crash report system once the officer files it, which can take several days. A driver should note the officer’s name and agency at the scene. Freeway crashes inside city limits may fall to SAPD, while a crash on I-35 north of Loop 1604 may bring a Bexar County deputy or a state trooper instead.
Why a Car Accident Lawyer San Antonio Insurers Deal With Wants Same-Day Records
Evidence in a San Antonio crash disappears quickly. Skid marks fade, debris gets swept, and camera footage from nearby businesses is often overwritten within days. Photographs of vehicle positions, damage, and the surrounding lane markings matter more than most people expect. Witness names matter too. A same-day medical visit matters most of all. Adrenaline masks soft-tissue and head injuries for hours or days, and a gap between the crash and the first exam gives an insurer room to argue that the injury came from somewhere else.
The Texas Fault Rule That Changes the Math
Texas is not a pure comparative-fault state. Under Civil Practice and Remedies Code Section 33.001, a claimant who is found more than 50 percent responsible recovers nothing. Below that line, damages are reduced by the claimant’s share. Adjusters know this rule well. A recorded statement given on the day of the crash, while a driver is still shaken, often becomes the basis for shifting a percentage of fault. Nothing in Texas law requires an injured person to give the other driver’s insurer a recorded statement.
The Two-Year Clock
Texas Civil Practice and Remedies Code Section 16.003 gives an injured person two years from the day the cause of action accrues to file suit. For a fatal crash, the two years run from the date of death. Negotiating with an insurer does not pause that clock. A claim that is still in negotiation when the deadline passes is generally over. The two-year rule has narrow exceptions, but a driver should never plan around them.
The Bottom Line
The legal duties in Section 550.021 exist whether or not an injury claim ever follows. What a driver does in the first hour, stopping, exchanging information, photographing the scene, and seeing a doctor the same day, becomes the record an insurer will study for months. Texas’s 51 percent bar means that record has to hold up under pressure. A car accident lawyer San Antonio drivers hire later can only work with what that first hour preserved.
Frequently asked questions
Texas Transportation Code Section 550.021 requires the driver to stop, check whether anyone needs aid, and stay at the scene until the information and assistance duties in Section 550.023 are met.
The responding officer files a CR-3 crash report, which becomes available through the Texas Department of Transportation’s online crash report system, usually within several days.
Yes, as long as your share of fault is 50 percent or less. Under Civil Practice and Remedies Code Section 33.001, a claimant found more than 50 percent responsible recovers nothing.
Civil Practice and Remedies Code Section 16.003 gives an injured person two years from the crash date, and the same two years run from the date of death in a fatal crash.
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This article is for general informational purposes only and does not constitute legal advice. Texas crash-reporting duties and filing deadlines depend on the facts of each case. If you or someone else needs medical attention, call 911 before doing anything else.