You are sitting in your car at a red light on LBJ and somebody rear-ends you at 45 miles per hour. Your neck snaps back. Your airbag fires. You look in the mirror and the driver behind you is already on their phone. Within 72 hours, their insurance company will call you. They will sound friendly. They are not your friend.
I am Rolando Quesada, a personal injury attorney at Guardia Law in Dallas. I have handled hundreds of car accident cases across Dallas, Mesquite, Garland, and the surrounding communities. What you do in the next few hours and days will directly affect how much money you recover. Here is exactly what to do, in order. If you need help right now, call (214) 380-4000. The consultation is free. Hablamos Español.
Step 1: Get Safe and Call 911
Move your vehicle out of traffic if you can. Turn on your hazard lights. Check on your passengers and the other driver.
Call 911 even if the damage looks minor. A police report is one of the strongest pieces of evidence in your case. Without one, the insurance company can dispute what happened. When the officer arrives, ask for the report number. In Dallas, you can request a copy of your Dallas PD crash report online through the City of Dallas website or through the Texas Peace Officers’ Crash Report portal.
Step 2: Get Medical Attention, Even If You Feel Fine
This is the most expensive mistake people make after a car accident. Adrenaline masks pain. You walk around the scene feeling “shaken up but okay.” Three days later you cannot turn your neck. A week later you have shooting pain down your arm.
Disc herniations, concussions, and soft tissue injuries frequently have delayed onset. If you wait days or weeks to see a doctor, the insurance company will argue the accident did not cause your injuries. Go to the emergency room or urgent care the same day. In Dallas, Baylor University Medical Center, Parkland Memorial Hospital, and Medical City Dallas are all equipped to evaluate accident injuries. Tell them exactly what happened.
Step 3: Document Everything
Pull out your phone and photograph:
- Damage to all vehicles from every angle
- License plates of the other vehicle
- The accident scene, traffic lights, road conditions, skid marks, debris
- Your visible injuries, bruises, cuts, swelling
- Any relevant road signs or signals
If there are witnesses, get their names and phone numbers. Witnesses forget quickly. Having their contact information on accident day can save your case months later.
Step 4: Get the Police Report
The responding officer will file an accident report that includes a diagram of the collision, the officer’s assessment of fault, and the other driver’s insurance information. In Dallas County, you can obtain your crash report from the Dallas Police Department’s online records portal. If TxDOT handled the report, it is available through the Texas Department of Transportation’s crash records system. Get this report as soon as it is available.
Step 5: Do Not Give a Recorded Statement
The other driver’s insurance company will call within days. The adjuster will be polite. They will tell you they want to “help you get this resolved quickly.” What they actually want is a recorded statement they can use against you.
Here is how it works. The adjuster asks, “How are you feeling today?” If you say “I’m doing okay,” that sentence becomes their exhibit proving you were not seriously injured. You are not legally required to give a recorded statement to the other driver’s insurance company. Be polite, provide your name and your own insurance information, and tell them your attorney will be in touch.
Step 6: Do Not Accept the First Offer
The first settlement offer from an insurance company is designed to close your claim cheaply. It almost always arrives before you have finished medical treatment, before anyone knows whether you will need surgery, and before your future medical costs have been calculated. That is the point.
Once you accept a settlement and sign a release, it is over. You cannot go back and ask for more money even if your condition worsens. Before you respond to any offer, talk to an attorney.
Step 7: Call a Car Accident Lawyer
An attorney can protect your case from day one. We send spoliation letters to preserve dashcam footage, security camera recordings, and electronic data before it is erased. We handle all communication with the insurance company. We make sure you do not say or sign anything that hurts your case.
The sooner you call, the better. Evidence disappears. Witnesses forget. Surveillance footage is recorded over. Time matters.
Step 8: Stay Off Social Media
Do not post photos of the accident on Facebook. Do not write “feeling blessed, could have been worse” on Instagram. Do not check in at the hospital. Insurance companies actively monitor social media, and anything you post can and will be used to reduce your claim. If you post “I’m feeling great!” two days after the accident, that becomes their argument that you were not really hurt.
The rule: post nothing about the accident, your injuries, or your case until your attorney says otherwise.
What Insurance Companies Do Not Want You to Know
Insurance adjusters are not evil people. They are employees with quotas. Their job is to close claims for as little money as possible. Meanwhile, the U.S. property and casualty insurance industry posted approximately $169 billion in profits in 2024. Here are the tactics they use:
The sympathy call. They call within 48 hours, express concern, and ask how you are feeling. Everything you say is being noted and will be used to minimize your injuries.
The quick check. They offer $2,000 or $3,000 to “cover your bills” before you know the full extent of your injuries. This is a fraction of what most cases are worth.
The delay game. They slow-walk your claim because they know you have bills to pay. The more financial pressure you feel, the more likely you are to accept a lowball number.
The blame shift. They will try to pin some percentage of fault on you. Under Texas law (Section 33.001), if you are 51% or more at fault, you recover nothing. Even a small percentage of fault reduces your payout. This is why recorded statements are dangerous.
Frequently Asked Questions
How long do I have to file a lawsuit after a car accident in Dallas?
Two years from the date of the accident under Texas Civil Practice and Remedies Code Section 16.003. Miss that deadline and your case is gone. Two years goes faster than you think.
How much does it cost to hire a car accident lawyer?
Nothing upfront. Guardia Law works on contingency. We get paid only if we recover money for you. If we do not win, you owe us nothing. The consultation is free.
What if the other driver does not have insurance?
Check your own auto policy for uninsured motorist (UM) coverage. Texas law requires insurers to offer it, so many drivers have it without realizing it. UM/UIM coverage costs approximately $11 per month, roughly $136 per year. “Full coverage” is not a real insurance term. It does not appear in any insurance contract or the Texas Insurance Code. We review your policy at no charge.
Can I still recover money if the accident was partly my fault?
Yes, as long as your share of fault is under 51%. Your recovery is reduced by your percentage of fault, but you do not lose it entirely.
Should I see my own doctor or go to the emergency room?
Go to the emergency room or urgent care on accident day to establish a medical record linking your injuries to the accident. Then follow up with your primary care doctor or a specialist as soon as possible. Continuity of care matters.
Call Guardia Law Today
You did not ask to be in this situation. But the decisions you make right now will determine whether you get the compensation you deserve or whether the insurance company walks away paying a fraction of what they owe.
Call (214) 380-4000 for a free consultation. Available 24/7. Hablamos Español.
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Guardia Law, PLLC | Rolando Quesada, Managing Attorney | 6301 Gaston Ave, Ste. 1516, Dallas, TX 75214 | (214) 380-4000
The information on this page is not legal advice. Every case is different. Past results do not guarantee future outcomes. Contact our office for a free evaluation of your case.
