Every year, hundreds of thousands of Texans and New Mexicans are injured in car accidents. Most don't realize how much they're entitled to recover. Insurance companies count on that. They make low-ball offers in the first weeks, push you toward quick settlements, and quietly hope you sign before you understand what your case is really worth. We don't let that happen.
What to do right after a car accident
The hours and days after a crash matter more than most people realize. The actions you take — and the things you say (or don't say) to the other driver, the police, and especially the insurance companies — can dramatically affect what your case is worth months later.
Here's the short version of what to do:
- Call 911 and get a police report. Even for minor crashes. An official accident report is one of the most important pieces of evidence in your case.
- Get medical attention immediately. Don't tough it out. Adrenaline masks injuries. The longer you wait to see a doctor, the easier it is for insurance to argue your injuries weren't from the crash.
- Photograph everything. The vehicles, the scene, the intersection, any visible injuries, road conditions, traffic signals. Take more photos than you think you need.
- Get witness contact information. Anyone who saw what happened — get their name and phone number before they leave.
- Don't admit fault. Not at the scene. Not to the other driver. Not to the police. Not on social media. Not to the insurance adjuster who calls the next day.
- Don't give a recorded statement to the other driver's insurance. Their adjuster is not your friend — their entire job is to find ways to reduce or deny your claim.
- Call an attorney before you accept any settlement offer. First offers are almost always far below what your case is worth.
Insurance adjusters will sometimes show up fast with a check and a release form. Once you sign that release, your case is over — even if you later discover injuries that need surgery, ongoing treatment, or permanent care. Always talk to an attorney first. Our consultations are free.
Who is liable for your accident
Liability in a car accident isn't always obvious, and it isn't always limited to the other driver. Depending on the facts, multiple parties may share responsibility — which often means more sources of compensation for you.
Parties who may be liable in a car accident case include:
- The at-fault driver — their personal auto insurance is usually the primary source of recovery
- The driver's employer — if the driver was working at the time of the crash (delivery driver, sales rep, company vehicle)
- The vehicle owner — if a different person owned the car and negligently entrusted it to the driver
- A bar or restaurant — under dram shop laws if the driver was over-served before driving drunk
- The vehicle manufacturer — for defective brakes, tires, airbags, or other safety equipment
- A government entity — for dangerous road conditions, missing signage, or negligent maintenance
- A third-party driver — even if not the one who hit you, if their actions caused the chain of events
This is why working with an experienced injury attorney matters. We investigate every angle of liability so no available source of compensation gets missed.
Texas vs. New Mexico — what's different
The two states have meaningfully different laws when it comes to car accident claims. We're licensed in both, and the difference matters more than people realize.
Statute of Limitations
In Texas, you generally have 2 years from the date of the accident to file a personal injury lawsuit. Miss that deadline, and you lose the right to recover anything — no exceptions in most cases.
In New Mexico, you generally have 3 years from the date of the accident to file. Slightly more breathing room, but the same rule applies: miss the deadline, lose the right.
Don't wait. Evidence disappears, witnesses become harder to find, and your medical records start to look less connected to the crash the longer you delay.
Comparative Fault
Both states use modified comparative fault rules, but they're structured differently. In Texas, if you're 51% or more at fault, you recover nothing. In New Mexico, you can recover even if you're significantly at fault — your award is just reduced by your percentage of fault. This means a case that might be a loss in Texas could still be worth pursuing in New Mexico.
Insurance Minimums
Texas requires drivers to carry at least $30,000 per person / $60,000 per accident in bodily injury liability coverage. New Mexico requires $25,000 / $50,000. Both are far below what serious injury cases are actually worth — which is why uninsured/underinsured motorist coverage is so important.
What you can recover
The phrase "what's my case worth" doesn't have a one-size-fits-all answer. Your settlement or verdict depends on the severity of your injuries, the strength of liability evidence, the available insurance coverage, and the long-term impact on your life. But broadly, car accident victims can recover:
- Medical expenses — past, present, and future (including surgeries, therapy, prescriptions, in-home care)
- Lost wages — every dollar you couldn't earn because of your injuries
- Loss of earning capacity — if your injuries reduce what you can earn going forward
- Property damage — repair or replacement of your vehicle and other damaged belongings
- Pain and suffering — the physical pain and emotional toll the crash caused
- Mental anguish — anxiety, depression, PTSD, fear of driving
- Loss of consortium — the impact on your relationships and home life
- Punitive damages — when the at-fault driver's conduct was especially reckless (drunk driving, road rage, intentional acts)
"Insurance companies want you to think your case is about the dent in your car. We make sure they understand it's about your life."
Why hire The Longhorn Law Firm
You have plenty of choices for a personal injury attorney in Texas and New Mexico. Here's what sets us apart:
- You talk to your attorney. Not a paralegal. Not an intake coordinator. The lawyer handling your case picks up the phone.
- We're trial-ready. Insurance companies know which firms will actually try cases and which ones won't. We will. Their offers reflect that.
- Two-state coverage. Shawn Barnett is licensed in New Mexico and admitted to federal court in Texas. With Texas co-counsel Jonathan Perez, we have full representation across both states.
- No fee unless we win. No upfront costs. No hidden bills. We don't get paid unless you do.
- Available 24/7. Accidents don't happen on business hours.
If you or someone you love has been hurt in a car accident, don't wait to get answers. Call us now or fill out our free case review form. We'll listen, evaluate honestly, and tell you what we think — no obligation, no pressure.
