October 23, 2025

Car accidents, an all-too-common occurrence across Texas, leave many unsure of their next steps. Attorney Jacob Perez, a U.S. Air Force veteran and a seasoned personal injury lawyer at Cruz & Payne Injury Lawyers in San Antonio, offers crucial guidance on what to do immediately following a car accident to protect your legal rights and ensure your claims are preserved.
First and foremost, Perez stresses the importance of calling the police to the scene. "Obtaining a Texas Peace Officer’s Crash Report is vital," he says, "as it helps establish fault and is critical for how insurance claims are handled." Following this, regardless of perceived injury severity, he advises visiting an emergency room or urgent care clinic immediately. This not only safeguards your health but also bolsters your legal case, countering any claims from insurers questioning the extent of injuries due to delayed medical consultation.
Documenting the accident scene through photographs of the damage, the surrounding area, and any physical injuries is also essential. Perez adds a note of caution about social media, recommending privacy settings be adjusted and refraining from posts that could undermine your case.
Understanding fault determination in Texas, where mixed liability can affect compensation, is crucial. "If you are found to be 51% or more at fault, you cannot recover damages. If 50% or less, your recovery would be reduced by your percentage of fault," explains Perez.
He also highlights the importance of specific Texas insurance coverages like Personal Injury Protection (PIP) and Uninsured/Underinsured Motorist (UM/UIM), which provide crucial financial support irrespective of fault. These coverages are especially valuable in a state with a high rate of uninsured drivers.
When dealing with insurers post-accident, Perez warns against giving recorded statements without legal advice. "These recorded statements can often be used against you. It's best to consult with your attorney to navigate this safely," he advises.
Hospital liens and the right of subrogation—where insurance companies seek reimbursement from settlements—are also areas where Perez urges careful attention. Effective negotiation can reduce these liens, leaving more of the settlement for the client.
Lastly, Perez touches on the statute of limitations in Texas, which is two years for filing a lawsuit post-accident. He emphasizes the importance of timely legal action, particularly when government vehicles are involved, as different rules apply under the Texas Tort Claims Act.
For rideshare incidents involving companies like Uber or Lyft, substantial corporate insurance policies come into play when the driver is at fault during a passenger transport scenario. However, when the rideshare app is off, the driver's personal auto insurance is the primary coverage.
In conclusion, Perez underscores the significance of being informed and proactive from the moment an accident occurs. For those affected in San Antonio or elsewhere in Texas, seeking knowledgeable legal counsel can make a significant difference in navigating the complexities of post-accident procedures and securing deserved compensation.