Author: Shelby Benavidez
Contributing Attorney: Matthew Brunell
Mopac, one of Austin’s busiest highways, sees its fair share of car crashes.
Daniel Stark Attorney, Matthew Brunell says, “Mopac sees so many crashes because of its high volume of traffic. It also has varying speed zones which also leads to more distracted and aggressive driving.”
Whether you’re commuting during rush hour or heading home after work, a car crash on Mopac can be a disorienting, frightening experience. Knowing what to do immediately after the accident and in the days that follow is important for your safety and protecting your legal rights.
What should your immediate steps be? Should you file a claim? At what point should you hire a lawyer? Here’s a guide to help answer what to do after a crash on Mopac in Austin, Texas.
Immediately After the Crash on Mopac
Immediate Steps
Immediately after a crash, you may be in shock, but what you do next is critical. Your safety and the safety of those around you must be your top priority. As soon as you can, check yourself and your passengers for any injuries. If anyone is hurt or if you’re unsure about the severity of injuries, call 911 immediately. Even if the accident appears minor, call 911 anyway. Law enforcement can decide if they need to come to the scene.
If the vehicles involved are drivable and the accident wasn’t severe, Texas law encourages drivers to move their vehicles out of the way of traffic to avoid any further crashes from happening. Turn on your hazard lights to alert oncoming vehicles that you are stopped either in or on the side of the road.
Next, notify the police. In Texas, you’re legally required to report any crash that involves injury, death, or property damage exceeding $1,000. By rule of thumb, always report an accident with local law enforcement. They will help document the scene, which could be important for future legal or insurance claims.
Be sure to exchange information with the other driver, including their name, phone number, insurance information, and driver’s license number. Take note of each vehicle’s make, model, and license plate number. Use your phone to take clear photos of the damage, the position of the vehicles, road conditions, traffic signs, and any visible injuries. These images can serve as vital evidence later. If there are witnesses at the scene, politely ask for their names and contact information. Their witness statement will serve as evidence when determining liability. It sounds like a lot to handle, but it’s worth it, and police officers on the scene can help document this information in their report.
Talk to the Police
If the Austin Police Department, Travis County Sheriff’s Department, or DPS arrive on scene, they will ask you a series of questions to build their incident report. Remain calm and provide them with clear, factual answers to the best of your ability. Try not to speculate or make assumptions about what happened. For example, don’t say something like “I may have looked down for a second.”
While liability isn’t based on words alone, the insurance company will also receive a copy of this report. Anything you say at the scene of the accident could be used to minimize or deny your claim. Stick to what you know and observed directly, and refrain from placing blame or admitting fault at the scene. Ask the officers for the accident report number before they leave. This will help you retrieve a copy of the report later from the responding department.
Seek Medical Attention
After the crash, it’s important to see a doctor even if you feel fine. Many common injuries, like whiplash, concussions, or internal trauma, don’t present symptoms right away. “Adrenaline can mask pain,” said Brunell. “Symptoms may not show up for hours or even days. You should always have a doctor check you out to make sure that any injuries you may have are caught early and treated appropriately.”
Additionally, seeking medical attention creates a documented link between the accident and your injuries. This documentation will come in handy when filing a claim with insurance companies or hiring an attorney to get compensation. Be sure to follow all medical advice and complete any recommended treatments. If you don’t follow your treatment plan, it can later be used by insurers as evidence that your injuries were not serious as you claim or that you contributed to your own injuries.
“Stopping treatment too soon suggests you’ve recovered, even if you haven’t,” Brunell adds. “This could lead to an insurer reducing or denying you compensation.”
File a Claim
What to Say to the Insurance After a Crash on Mopac
When it comes time to report the crash to either your insurance company or that of the at-fault driver, it’s important to give all the details without admitting fault. Start by giving only the necessary information: the date and time of the crash, the location, and a description of the vehicles involved.
If you’re asked about injuries, all that you have to say is that you are still going through treatment. You should also ask for a claim number. This will serve as your reference in future communications with the insurance company.
What Not to Say
What you don’t say is just as important as what you do say. Never admit fault, even casually. Simple statements like “I’m sorry” can be twisted by adjusters into admissions of liability. If you don’t know the answer to a question, it’s okay to say, “I’m not sure.”
“’I’m not sure’ is a safe and smart answer if you don’t know the answer to a question,” Brunell says. “It’s better than guessing or speculating, which can be used against you. If you are ever unsure if you should answer a question, you can always say ‘I’m not comfortable discussing this without speaking to a lawyer.’”
You should also be cautious about accepting an early settlement offer. These offers are often made before you know the full extent of your injuries or repair costs and may not cover your current or future medical bills. Once you accept a settlement offer, that is all you will ever get. You can’t go back and ask for more later on.
How to Deal with the Insurance Company
Dealing with an insurance company after a crash can be a long and frustrating process. To protect yourself, document all communications. Keep emails and letters, and take detailed notes of any phone conversations, including the names of representatives, dates, and what was discussed.
When it comes to repairing your vehicle, remember that Texas law allows you to choose your own repair shop. The insurance company may suggest one, but they can’t force you to use it. You should also get your own estimates for repairs.
If your claim is denied, ask the insurer for a written explanation. Review the denial carefully and consider speaking with an attorney, especially if you feel the decision was made in bad faith.
Hire a Lawyer
When Injuries Are Serious or Permanent
If you have suffered serious injuries such as broken bones, spinal injuries, or anything requiring surgery or long-term care, it’s time to involve a lawyer. A personal injury attorney can assess the full extent of your damages, which may include future medical expenses, lost wages, and pain and suffering. Insurance companies are unlikely to offer you a fair settlement without legal pressure. Having an experienced lawyer will help your claim be valued correctly and negotiated aggressively.
When Liability Is Disputed
Fault may not be immediately clear after a crash on Mopac. For example, in multi-vehicle accidents or collisions occurring during rain, each party may have a different story. In these situations, an attorney can launch an independent investigation, hire accident reconstruction experts, and obtain evidence such as traffic camera footage or witness statements.
Texas follows a modified comparative negligence rule. This means you can recover damages as long as you are not more than 50% at fault, but your compensation will be reduced by your percentage of fault. An attorney can help navigate these nuances and protect your right to recover.
When You Feel Overwhelmed or Pressured
Sometimes the best indicator that you need a lawyer is simply how you feel. If you’re overwhelmed by the process, if the insurer is pressuring you to settle quickly, or if you’re struggling to access needed medical care, legal help can bring clarity and direction.
“You can call a lawyer immediately after a crash,” says Brunell. “A lawyer can protect your rights, handle negotiations, and prevent you from saying or doing anything that could weaken your claim. Insurance companies have experts on their side, and you should too.”
Attorneys can take over communication with the insurance company, help manage your medical treatment documentation, and make sure that no procedural deadlines are missed. This support lets you focus on healing instead of paperwork and phone calls.
A car crash on Mopac can upend your life in an instant. But taking the right steps from securing the scene and reporting the crash, to documenting injuries and managing insurance claims can make a significant difference in your recovery, both physically and financially.
If you have doubts at any stage, consulting with a personal injury attorney in Austin can help you understand your rights and options. Most offer free consultations, so you have nothing to lose and potentially everything to gain.
