10 Mistakes That Can Destroy Your Texas Car Accident Case

After a car wreck in Texas, the decisions you make in the hours, days, and weeks that follow can be the difference between a fair recovery and getting nothing at all. Insurance companies train their adjusters to find and exploit these mistakes. Here are the 10 most damaging ones — and how to avoid them.

1. Admitting Fault at the Scene

Even a simple "I'm sorry" can be used against you. Texas uses a modified comparative fault system — any admission of fault reduces or eliminates your compensation. Stay calm, exchange information, and wait for the investigation.

2. Skipping Medical Treatment

Adrenaline masks pain. If you don't see a doctor the same day or the next morning, the insurance company will argue your injuries weren't serious. See a doctor immediately — even if you "feel fine." Get everything documented.

3. Giving a Recorded Statement to the Other Driver's Insurance

You are not required to give a recorded statement to the at-fault driver's insurer. Their adjuster's job is to get you to say something that minimizes your claim. Politely decline and speak to an attorney first.

4. Accepting a Quick Settlement

Early settlement offers are almost always lowball figures designed to close your case before you know the full extent of your injuries. Once you sign a release, you can never go back. Never accept a settlement without an attorney reviewing it.

5. Posting on Social Media

Defense investigators monitor your Facebook, Instagram, and TikTok. Photos of you at a concert or a barbecue — even if you're still in pain — can destroy your credibility. Stay off social media entirely until your case is resolved.

6. Failing to Document the Scene

If you're physically able, photograph everything: road conditions, skid marks, damage to both vehicles, traffic signs, and any visible injuries. This evidence disappears fast.

7. Missing Follow-Up Appointments

Gaps in treatment signal to the insurance company that you weren't really hurt. Attend every appointment. Follow your doctor's instructions. Consistency in your treatment record is critical to your claim's value.

8. Waiting Too Long to Hire a Lawyer

Under Texas law, you generally have 2 years from the date of the accident to file a lawsuit. But waiting costs you evidence. Surveillance footage is overwritten. Witnesses forget. The sooner you call, the stronger your case.

9. Trusting the Insurance Company to Be Fair

Insurance companies are for-profit businesses. Their goal is to pay you as little as possible. They are not on your side, even if their adjuster is friendly. You need someone in your corner who works for you.

10. Not Hiring a Trial Lawyer

There's a difference between a lawyer who settles cases and one who goes to trial. Insurance companies know which attorneys go to court — and they pay more to the ones who do. At Byron C. Bailey & Associates, we build every case for trial from day one.

Frequently Asked Questions

Q: What if I was partly at fault for the accident?
A: Texas follows modified comparative fault. As long as you are less than 51% at fault, you can still recover damages — reduced by your percentage of fault.

Q: How long do I have to file a car accident lawsuit in Texas?
A: Generally 2 years from the date of the accident under Texas Civil Practice & Remedies Code §16.003.

Hurt in Texas? Call Byron C. Bailey & Associates for a FREE consultation: 214-223-6400 | byronbaileylaw.com. We work on contingency — you pay nothing unless we win.