(713) 977-9000

Existing Clients

7 Things Every Passenger Should Know After a Texas Car Accident

Free Case Evaluation

AS FEATURED ON
Trust ReefTrust Reef

Injured in a Car Accident as a Passenger? Contact the Adley Law Firm Today

Being a passenger in a car accident can leave you feeling shaken and powerless. In a busy city like Houston or on highways across Texas, crashes happen without warning – and in an instant you could be facing injuries through no fault of your own. In fact, hundreds of thousands of people are injured on Texas roads each year. Knowing what steps to take afterward and understanding your rights can make a big difference in your recovery. We understand how overwhelming this situation is. Contact the Adley Law Firm today for a free consultation to discuss your case – we’re here to help Texas passengers navigate the aftermath and protect your rights.

What to Do After a Car Accident as a Passenger in Texas

1. Ensure Safety First and Call 911

Your first priority after any accident is safety. Check yourself and others for injuries. If you’re able to move and it’s safe to do so, get to the side of the road or a sidewalk – especially on a busy Houston roadway, staying in traffic can be very dangerous. Once you’re safe, call 911 immediately, even if the crash seems minor. Getting police and medical professionals on the scene is important for everyone’s safety and for documenting what happened. In Texas, state law actually requires drivers to report accidents that involve an injury, death, or significant property damage (over $1,000). That means if someone is hurt or the vehicles are badly damaged, the authorities must be notified. By calling 911, you ensure that injured people get prompt medical attention and that an official accident report is created. The police report will be valuable later if you file an insurance claim or legal claim. If the drivers involved seem hesitant to call the police, you as a passenger should insist – it’s better to be safe and have the incident properly documented.

2. Seek Medical Attention, Even If You Feel Fine

Don’t dismiss any aches or pains after the accident – get medical care as soon as possible. It’s common to feel “okay” right after a crash, only to realize later that you’re injured. The adrenaline rush from the accident can mask injuries, making you feel fine even if you’re hurt. Injuries like whiplash, concussions, or other soft tissue damage might not show symptoms until hours or days later. That’s why you should see a doctor promptly, even if you don’t think you’re seriously injured at first. Let paramedics at the scene check you out, and if they recommend further medical evaluation, follow their advice. If you don’t go to the ER immediately, schedule a check-up with your doctor as soon as you can. This is important not only for your health but also for documentation – a medical record linking your injuries to the accident is critical if you decide to pursue a claim. Having a doctor examine you right away and document your injuries will strengthen any insurance or legal claim you make down the line. In short, listen to your body and err on the side of caution with medical care. It’s always better to be safe and get checked out.

3. Know Your Rights as a Passenger in Texas

As a passenger, you have specific rights after a car accident. You are entitled to seek compensation for your injuries, regardless of who was at fault in the crash. Unlike drivers, passengers are very rarely considered responsible for an accident – unless you did something extreme to cause the crash (which is uncommon), you won’t be held liable. This means you can focus on recovery instead of fault. In Texas (an at-fault state), the driver who caused the accident is financially responsible for the damages. You have the right to file a claim against the at-fault driver’s insurance to cover your medical bills, lost income, pain and suffering, and other losses. In fact, if more than one driver was involved, you can generally make a claim against each driver’s insurance if it’s unclear who was more at fault. For example, if you were riding with a friend and another car hit you, you might have claims against both your friend’s insurance and the other driver’s insurance. Don’t hesitate to use these rights. Some passengers worry about making a claim when the at-fault driver is a friend or family member – remember that you’re usually seeking compensation from insurance, not directly from their pocket. Auto insurance exists for this reason. If you have questions about what you’re entitled to as a passenger, talking to a personal injury attorney can help. A lawyer can explain your options and make sure your rights are protected every step of the way.

4. Understand Whose Insurance May Cover Your Injuries

One of the most common questions after an accident is: whose insurance will pay for my injuries as a passenger? The good news is that you often have multiple avenues for coverage. Here are the key sources that may apply:

  • At-Fault Driver’s Liability Insurance: Texas requires all drivers to carry liability insurance to cover injuries and damages they cause. If another driver caused the accident, you would file a claim with that driver’s auto insurance company under their liability coverage. Likewise, if the driver of the car you were riding in was at fault (even if it was a friend or family member), you have the right to file a claim against their auto liability insurance. In short, whichever driver(s) caused the crash, their liability insurance should ultimately cover an innocent passenger’s injuries. Texas follows a fault-based system, so determining who was responsible is important. Sometimes fault may be shared by drivers – in those cases, you might even pursue claims with both drivers’ insurers.

  • Personal Injury Protection (PIP) or MedPay Coverage: Texas auto insurance policies must offer Personal Injury Protection coverage, and many drivers carry it. PIP is no-fault coverage that pays for medical bills (and sometimes lost wages) after a crash, regardless of who was at fault. Importantly, PIP covers the policyholder and any passengers in the vehicle at the time of the accident. So, if the driver of the car you were in has PIP on their policy (or a similar medical payments coverage), you can make a claim on that coverage to get your medical expenses paid up to the policy limit. This is true no matter who caused the crash. For example, if you’re hurt while riding with a friend in Texas and they have $2,500 PIP coverage, that $2,500 can go toward your hospital bills even before fault is sorted out. (Keep in mind, PIP is an additional source of recovery – you can use it and still pursue a liability claim for full damages.)

  • Other Insurance Options: You might have other insurance that can help as well. If an at-fault driver doesn’t have insurance or doesn’t have enough, you could turn to Uninsured/Underinsured Motorist (UM/UIM) coverage. UM/UIM is coverage drivers can purchase to protect against hit-and-run drivers or those with no insurance or not enough insurance. If the car you were in carries UM/UIM coverage, or if you have your own auto insurance policy with UM/UIM, those policies might compensate you when the at-fault party can’t. Additionally, if you have health insurance, it can cover your injury treatments in the short term. Health insurance isn’t going to pay for pain and suffering or lost wages, but it can ensure you get the care you need right away. (Just be aware that your health insurer might seek reimbursement from any settlement you receive later – a lawyer can help navigate this.) With all these potential sources, figuring out who pays first and how to get full compensation can be complicated. An experienced attorney can help identify all insurance policies that apply and coordinate your claims so that your medical bills and other losses are fully covered. The bottom line: as a passenger in Texas, you’re not limited to one source of recovery – you can and should tap into every insurance resource available to make yourself whole.

5. Document the Accident Scene and Get Information

While still at the accident scene (if you are not too injured and it’s safe), try to gather as much information as possible. Exchange information with the drivers involved – or ensure that the drivers exchange it with each other and with you. As a passenger, you are entitled to ask for the names, contact numbers, driver’s license numbers, and insurance details of all drivers involved in the wreck. Texas law requires drivers to stop after an accident and to share their information and render aid to anyone who is injured, so don’t be shy about getting the details you need. If the drivers are busy talking to police, you can politely ask the responding officer to help you obtain the other driver’s information. Also, note the make, model, and license plate of the vehicles involved, in case you need those later. If there are any witnesses who saw what happened, get their names and phone numbers as well – witness statements can be very helpful later on to support your version of events.

In addition to swapping contact and insurance info, document the scene if you can. Most people have a smartphone with a camera, so put it to good use. Take photos and even video of the accident scene. Important things to capture include: damage to all vehicles (from multiple angles), skid marks or debris on the road, the position of the vehicles after the crash, and any visible injuries you have. Also consider photographing the surrounding area, such as traffic signs, signals, or road conditions, in case they are relevant. These images can serve as crucial evidence when dealing with insurance companies. If a police officer is on the scene, try to get the police report number or the officer’s name and badge number. In Texas, you can later request the official accident report from the law enforcement agency or TxDOT, but having the report number makes it easier. All of this documentation will help paint a clear picture of what happened and who was at fault, which will strengthen your claim as a passenger.

6. Begin the Claims Process and Consider Legal Help

After addressing immediate concerns, your attention will turn to pursuing compensation for your injuries and other losses. In most cases, this starts by filing claims with the relevant insurance companies. You (or a family member on your behalf) should notify the insurance of the driver of the car you were in, as well as the insurance of the other driver, that you were a passenger injured in the accident. When speaking with insurance adjusters, be factual and brief. It’s okay to provide basic details (when and where the accident happened, for instance), but avoid giving a recorded statement or discussing your injuries in detail until you know the full extent of them. Remember, insurance companies – even your own – have their bottom line in mind, and anything you say could be used to minimize or deny your claim. If you’re unsure about how to handle communications with insurers, you can let them know your attorney will be in touch instead.

This is where consulting a personal injury lawyer can make a huge difference. An experienced car accident attorney will guide you through the claims process and handle the legal and insurance issues so you can focus on healing. They can deal with the insurance adjusters, help gather additional evidence (like medical records or expert opinions), and fight for the maximum compensation you deserve. The idea of hiring a lawyer might sound expensive, but virtually all reputable Texas personal injury lawyers work on a contingency fee basis – meaning you don’t pay anything upfront. For example, Adley Law Firm works on contingency, so you won’t pay any legal fees unless we win your case and recover compensation for you. We also offer free consultations to discuss your situation and answer your questions. This fee arrangement allows anyone, regardless of financial situation, to get quality legal representation. Having a lawyer on your side also sends a message to the insurance companies that you’re serious about your rights. If you’re a passenger dealing with injuries, you shouldn’t have to navigate the complex claims process alone or accept a lowball settlement. Getting legal help early will protect your interests and often leads to a much better outcome in your case.

7. Be Aware of Long-Term Impacts of Your Injuries

Car accidents don’t always end when the vehicles are repaired. The effects of a crash can be long-lasting, especially when it comes to personal injuries. As a passenger, you might be dealing with more than just immediate medical bills. Certain injuries – like whiplash, back injuries, or concussions – can linger for weeks, months, or even become chronic issues. For example, a concussion could lead to prolonged headaches or memory issues, and whiplash might result in ongoing neck and shoulder pain. It’s also possible to develop emotional or psychological trauma (such as anxiety about driving or PTSD-like symptoms) after a serious accident. Be mindful of any new symptoms that appear in the days or weeks after the crash and report them to your doctor. Follow all recommended treatment plans, whether it’s physical therapy, follow-up visits, or counseling – caring for these long-term issues is important for your health and also documents what you’re going through.

When it comes to seeking compensation, consider the future as well as the present. Don’t rush into a quick settlement if you’re not sure how your recovery will progress. Insurance companies may offer a fast payout, but it might not account for complications like future surgery, ongoing rehabilitation, or lost earnings if you need extended time off work. Once you settle and sign a release, you generally can’t go back and ask for more. This is another reason having an attorney helps – a good lawyer will work with medical experts to understand your prognosis and ensure that any settlement covers not just your current bills but potential future expenses too. If your injuries turn out to be more serious than initially thought, your attorney can push for compensation for those long-term impacts (or advise you to wait on settling until there’s a clearer picture of your recovery). In summary, think long-term. Your well-being is most important, so get the care you need and make sure any compensation you pursue fully addresses both your immediate and future needs.

Contact Adley Law Firm for a Free Consultation

If you or a loved one were injured as a passenger in a Texas car accident, you don’t have to face the aftermath alone. The Adley Law Firm is based in Houston and proudly serves clients across Texas. Our experienced personal injury attorneys understand what you’re going through and will fight to protect your rights as an injured passenger. We offer free consultations, and we work on a contingency fee basis – that means you pay nothing upfront and no fees at all unless we win your case. We also have a bilingual team (English and Spanish), so we can assist you in whichever language you’re most comfortable with. Whether your accident happened in Houston, Dallas, Austin, San Antonio, or anywhere in Texas, our team is ready to help. Don’t wait to get the help and justice you deserve. Contact Adley Law Firm today at (713) 999-8669 to discuss your case. Let us handle the legal complexities while you focus on healing – we’re here to advocate for you and help you secure the compensation you need to move forward.

Share this article:

Adley Law Firm

Get a FREE consultation with an Experienced Attorney

Need help with your case? Get a one-on-one consultation with an experienced attorney.  Simply fill out the form below for a call back.