Quick Answer
- Lawyers and chiropractors are calling you after your accident because a fresh crash victim is valuable business, and in Texas that kind of unrequested call is generally illegal.
- A lawyer, chiropractor, or someone working for one who calls, texts, sends a social media direct message, or shows up in person to sign you up over your crash can be committing barratry, a third-degree felony under Texas Penal Code Sec. 38.12.
- For the first 30 days after an accident, Texas law also bars lawyers, chiropractors, doctors, and private investigators from sending you written solicitations about it.
- TV, billboard, and online ads are legal. So is a lawyer’s letter marked “ADVERTISEMENT” that arrives after the 30-day window.
Key Takeaways
- In Texas, a phone call, text, direct message, or visit you did not ask for, made to sign you up as a client or patient after a crash, can be barratry. Barratry is punishable by 2 to 10 years in prison and a fine of up to $10,000.
- Any written solicitation about your accident from a lawyer, chiropractor, physician, or private investigator before the 31st day is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.
- Since September 1, 2025, Texas Penal Code Sec. 38.12 expressly covers solicitation through direct messages on social media.
- If you signed with a lawyer who solicited you illegally, Texas Government Code Sec. 82.065 lets you void the contract.
- The public, redacted version of a Texas crash report leaves out your name, address, and phone number.
- You never have to hire the lawyer, or see the chiropractor, who found you first.
If the calls started right after your wreck and you want to talk with a lawyer you picked yourself, Ryan Orsatti Law is a San Antonio personal injury firm that has represented injured Texans for more than a decade. The free consultation starts with a call you make, not one you get from a stranger.
Why are lawyers and chiropractors calling me after my accident?
Lawyers and chiropractors call crash victims because injury claims are money, and the first office to reach a hurt person often gets the case or the patient. Texas produces a lot of potential targets. TxDOT’s 2025 Texas Motor Vehicle Traffic Crash Facts reported one reportable crash every 59 seconds and 244,534 people injured on Texas roads that year.
Many of these calls do not come from the lawyer or chiropractor at all. They come from a runner (a person paid to find accident victims and steer them to a particular law office or clinic). The runner may sound friendly, may claim to be “with the insurance” or “with a legal service,” and may push you toward a clinic that treats on a letter of protection (a promise to pay the clinic out of your future settlement instead of up front).
The pitch usually sounds helpful. You might hear that you need a lawyer right away, that the clinic can see you today, or that someone can “handle everything.” The speed is the point. The caller wants your signature before you have time to look anyone up.
Is it legal for a lawyer to call you after an accident in Texas?
No. In most situations it is illegal in Texas for a lawyer, or anyone acting for a lawyer, to call you out of the blue to try to sign you up after an accident. Texas Penal Code Sec. 38.12(a)(2) makes it a crime to solicit employment in person, by telephone, through a direct message on a social media platform, or by another electronic communication, with intent to obtain an economic benefit.
The State Bar’s own rules say the same thing. Rule 7.03(b) of the Texas Disciplinary Rules of Professional Conduct bars a lawyer from soliciting a non-client in person or through live telephone, social media, or other interactive electronic contact. The rule has narrow exceptions for another lawyer, a family member, a close friend, or someone with a prior professional relationship with the lawyer.
The law draws a clear line between ads and solicitation. Penal Code Sec. 38.01 says “solicit employment” does not include an advertisement by a professional through public media. A TV commercial or a billboard is not aimed at you personally. A phone call to your cell two days after your wreck is.
Can a chiropractor call me after a car accident?
Not to recruit you as a patient for your crash injuries, no. Texas barratry law is not limited to lawyers. Penal Code Sec. 38.01 defines a “professional” to include an attorney, chiropractor, physician, surgeon, or private investigator, and Sec. 38.12 applies the same in-person and telephone solicitation ban to all of them.
Paying someone to round up patients is a separate crime. Texas Occupations Code Sec. 102.001 makes it a Class A misdemeanor to pay or accept money or any other benefit for securing or soliciting patients for a licensed health care provider. That law reaches the runner who gets paid per patient, not just the clinic that pays.
None of this means chiropractic care is a bad idea after a crash. It means the care should start with your own choice, ideally after a medical evaluation, and not with a stranger who found your phone number.
What is the 30-day rule for solicitation after an accident in Texas?
The 30-day rule is Texas Penal Code Sec. 38.12(d), and it bars lawyers, chiropractors, physicians, surgeons, private investigators, and other licensed health care professionals from contacting an accident victim who has not reached out to them before the 31st day after the accident. It covers written communications and solicitations in person, by phone, by social media direct message, or by other electronic messages.
The same subsection also makes it an offense, at any time, for one of those professionals to contact you after they know or should know you said you do not want to be contacted. Texas presumes you do not want contact if the accident report shows you said so. A solicitation that involves coercion, harassment, intimidation, or a false or misleading statement is also covered.
After the 30-day window, a lawyer may mail you a solicitation letter, but the State Bar’s rules require it to be plainly marked “ADVERTISEMENT” and to not be designed to look like a legal pleading or court document.
Attorney Insight: When a stranger calls you by name about a specific wreck, ask how they got your number and write down the answer. Texas law keeps the full crash report confidential, and the redacted copy that anyone can buy has your name, address, phone number, and the hospital you went to blacked out. A caller who has those details got them from somewhere other than the public report.
Which calls and messages after a crash are legal?
Whether a contact is legal depends on who is reaching out, how, and why. Use this table to find the situation that fits yours.
| Who contacted you, and how | Generally legal? | Texas law |
|---|---|---|
| Lawyer, chiropractor, or runner calls, texts, DMs, or visits to sign you up | No | Penal Code 38.12(a)(2), Rule 7.03(b) |
| Lawyer, chiropractor, doctor, or investigator sends a letter or email before day 31 | No | Penal Code 38.12(d) |
| Anyone offers you cash, a phone, or a gift to sign up | No | Penal Code 38.12(a)(3), Rule 7.03(f) |
| Contact continues after you said stop | No | Penal Code 38.12(d)(2)(D) |
| Lawyer letter marked “ADVERTISEMENT” after day 30 | Generally yes | Rule 7.03(d) |
| TV, radio, billboard, or online ad | Yes | Penal Code 38.01 |
| Lawyer who is a relative, close friend, or past lawyer of yours | Generally yes | Rule 7.03(b) exceptions |
| Insurance adjuster calls about the claim | Yes | Not solicitation of employment |
An adjuster’s call is legal, but that does not mean you have to give a recorded statement on the spot. That is a separate decision worth making carefully.
How did lawyers and chiropractors get my phone number?
You may never learn exactly how a particular caller found you. What Texas law does tell you is who can get the full, unredacted crash report. Under Texas Transportation Code Sec. 550.065, the full report goes only to people with a proper interest, including:
- people involved in the crash and their authorized representatives
- vehicle owners, drivers’ employers, and parents or guardians of drivers
- insurance companies covering a vehicle or person in the crash
- licensed radio and TV stations and qualifying newspapers
- a vehicle storage facility that stored a vehicle from the crash
- anyone who may sue over a death caused by the crash
Everyone else gets a redacted report. Sec. 550.065(f) requires the agency to withhold names, driver’s license numbers, full dates of birth, addresses (other than ZIP code), phone numbers, license plates, insurance details, and where an injured person was taken. A copy costs $6, plus $2 to certify it. If you want your own copy, our guide on how to obtain a crash report in San Antonio walks through it.
What are the penalties for barratry in Texas?
Barratry carries criminal penalties and civil penalties, and the civil side pays money to the person who was solicited. Here are the numbers, straight from the statutes.
| Violation | Offense level | Maximum penalty |
|---|---|---|
| Barratry by call, text, DM, or visit (Penal Code 38.12(a), (b)) | Third-degree felony | 2 to 10 years in prison, up to $10,000 fine |
| Contact within 30 days or after you said stop (38.12(d)) | Class A misdemeanor (felony on a repeat conviction) | Up to 1 year in jail, up to $4,000 fine |
| Paying or taking money for patient referrals (Occ. Code 102.001) | Class A misdemeanor | Up to 1 year in jail, up to $4,000 fine |
| You signed a contract from illegal solicitation (Gov’t Code 82.0651(b)) | Civil claim | Fees paid back, actual damages, $10,000 penalty, attorney’s fees |
| You were solicited but did not sign (Gov’t Code 82.0651(c), (d)) | Civil claim | $50,000 penalty per violator, actual damages, attorney’s fees |
The civil penalties in Government Code Sec. 82.0651 apply to conduct that violates Penal Code Sec. 38.12(a) or (b) or Disciplinary Rule 7.03. Whether a given call fits those rules depends on the facts, including who made it, who they worked for, and what they said.
What should I do if a lawyer or chiropractor keeps calling me?
Protect yourself first, then protect the record. After an unwanted call, text, or visit about your Texas car accident, do these things:
- Do not sign anything or agree to an appointment on the call. A real lawyer or clinic will still be there tomorrow.
- Ask who they are, who they work for, and how they got your number. Write down the name, callback number, date, and time.
- Do not discuss the crash or your injuries. You do not know who is listening or where your words will end up.
- Say clearly that you do not want to be contacted again, and send the same message by text so it is in writing.
- Save everything. Keep voicemails, screenshots of texts and social media messages, and any letters with their envelopes, since the postmark date matters for the 30-day rule.
- Choose your own doctor. Get checked by an emergency room, urgent care, or your regular doctor, not a clinic a stranger picked for you. Our guide on choosing medical providers after a San Antonio accident can help.
- Choose your own lawyer. Look up the firm, read its site, and call it yourself. Our FAQ on hiring a personal injury lawyer in San Antonio covers the questions worth asking.
- Report it to the agency that fits the caller (see the next section).
For the full picture of the first days after a wreck, see the first 24 hours after a San Antonio car accident.
Where do I report illegal solicitation in Texas?
Report a soliciting lawyer to the State Bar of Texas and a soliciting chiropractor or doctor to the state board that licenses them. Barratry is also a crime, so local law enforcement and the district attorney can act on it.
- A lawyer or someone working for one: file a grievance with the State Bar of Texas Office of Chief Disciplinary Counsel. The Grievance Information Helpline is 1-800-932-1900.
- A chiropractor: the Texas Board of Chiropractic Examiners takes complaints at 1-800-821-3205.
- A physician: the Texas Medical Board takes complaints at 1-800-201-9353.
- The criminal side: your local police department or the district attorney’s office in the county where the contact happened, such as Bexar County.
- Money, fake bills, or insurance scams: the Texas Department of Insurance takes fraud reports and runs a help line at 800-252-3439.
Can getting solicited hurt my injury claim?
Yes, it can, and that is the part most people never hear about. A case that starts with an illegal phone call starts with a problem the insurance company may later use against you.
Texas law treats a lawyer contract procured through barratry as voidable by the client under Government Code Sec. 82.065. Penal Code Sec. 38.12(b)(3) also makes it an offense for a professional to knowingly accept work that came from illegal solicitation. A lawyer or clinic willing to start that way has already shown you how it operates.
Attorney Insight: Defense lawyers commonly ask injured people, under oath, how they found their lawyer and how they ended up at their doctor. “A man called me the day after the wreck and told me where to go” is an answer that invites the insurer to argue your treatment was built for a lawsuit instead of for your body. Care you chose, starting with a real medical evaluation, is much harder to attack. If you already signed after a cold call, you can change lawyers, and a new lawyer can review whether the first contract is voidable.
How Ryan Orsatti Law helps people who were solicited after a crash
Getting solicited is often the first sign that a crash has turned into a claim, and the decisions made in the next few weeks matter. A lawyer you choose should look at the crash report, the insurance coverage on every vehicle, your medical care and who is billing for it, and any contract you may have already signed with someone who called you first. Ryan Orsatti Law is based in San Antonio and serves injured people in Bexar County and across Texas, with offices in Austin, Dallas, and Houston. The firm handles car accident cases in San Antonio, along with truck accidents, motorcycle crashes, pedestrian collisions, and other serious injury cases, and offers free consultations in English and Spanish.
Frequently Asked Questions
Is it illegal for a lawyer to call you after an accident in Texas?
Generally, yes. Texas Penal Code Sec. 38.12 makes it barratry to solicit employment by phone, in person, or through social media direct messages for economic benefit, and Disciplinary Rule 7.03(b) bars lawyers from live solicitation of people they do not know. Narrow exceptions cover relatives, close friends, and past clients. A call from a lawyer you contacted first is not solicitation.
Why are chiropractors calling me after my car accident?
Chiropractors, or runners working for them, call because crash victims are a steady source of patients, often treated on a letter of protection paid from a future settlement. Texas barratry law covers chiropractors the same way it covers lawyers. Paying someone to find patients is a separate crime under Texas Occupations Code Sec. 102.001. You can choose your own provider.
How did lawyers get my phone number after my accident?
You may never know for sure. Texas Transportation Code Sec. 550.065 limits the full crash report to people with a proper interest, such as those involved, their insurers, tow and storage facilities, and news outlets. The public redacted version hides your name, address, and phone number. Ask any caller how they got your number and write down the answer.
Can a lawyer send me a letter after a car accident in Texas?
Yes, but not right away. Texas Penal Code Sec. 38.12(d) bars lawyers from sending written solicitations about an accident before the 31st day after it happened. After that, a lawyer may mail a solicitation letter, but Disciplinary Rule 7.03(d) requires it to be plainly marked “ADVERTISEMENT” and to not look like a court document or legal pleading.
What should I do if a lawyer or chiropractor keeps calling me?
Tell the caller in plain words not to contact you again, then send the same message by text so you have it in writing. Write down names, numbers, dates, and times, and save voicemails, texts, and letters. Do not sign anything or discuss your injuries. You can report a lawyer to the State Bar of Texas and a chiropractor to the Texas Board of Chiropractic Examiners.
I already signed with a lawyer who called me first. Can I get out of it?
Yes. You can change lawyers, and Texas Government Code Sec. 82.065 makes a legal services contract voidable by the client if it was procured through barratry. Sec. 82.0651 also lets the client sue to void the contract and recover fees paid, actual damages, a $10,000 penalty, and attorney’s fees. A new lawyer can review how you were signed up and what you owe.
Should I wait for the calls to stop before I talk to a lawyer?
No. The calls are a sign that your crash is already on someone’s radar, and the insurance company is not waiting either. Evidence fades, medical gaps get used against injured people, and Texas generally gives you two years to file an injury lawsuit. Getting medical care and talking with a lawyer you choose yourself are both steps worth taking now.
Source Notes
- Texas Penal Code Sec. 38.01 (definitions of “professional” and “solicit employment”): statutes.capitol.texas.gov
- Texas Penal Code Sec. 38.12 (barratry and solicitation of professional employment, including the 30-day rule): statutes.capitol.texas.gov
- H.B. 2733, 89th Legislature (2025), adding social media direct messages to Sec. 38.12, effective September 1, 2025: capitol.texas.gov
- Texas Penal Code Sec. 12.21 (Class A misdemeanor) and Sec. 12.34 (third-degree felony): statutes.capitol.texas.gov
- Texas Government Code Sec. 82.065 and Sec. 82.0651 (voidable contracts and civil liability for barratry): statutes.capitol.texas.gov
- Texas Transportation Code Sec. 550.065 (release of crash report information, redaction, and copy fees): statutes.capitol.texas.gov
- Texas Occupations Code Sec. 102.001 (soliciting patients): statutes.capitol.texas.gov
- Texas Disciplinary Rules of Professional Conduct, Rule 7.03 (solicitation and other prohibited communications), Texas Center for Legal Ethics: legalethicstexas.com
- State Bar of Texas, Solicitation and Barratry: texasbar.com
- State Bar of Texas, File a Grievance: texasbar.com
- Texas Attorney General, health care licensing agencies (Texas Board of Chiropractic Examiners and Texas Medical Board complaint contacts): texasattorneygeneral.gov
- Texas Department of Insurance, Report fraud: tdi.texas.gov
- TxDOT, 2025 Texas Motor Vehicle Traffic Crash Facts: txdot.gov
- Texas Civil Practice and Remedies Code Sec. 16.003 (two-year limitations period for personal injury): statutes.capitol.texas.gov
Ryan Orsatti Law
4634 De Zavala Rd, San Antonio, TX 78249
Phone: 210-525-1200
ryanorsattilaw.com
This blog is for informational purposes only, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future results.
Hurt in an accident in San Antonio? Learn how a San Antonio personal injury lawyer can help with your claim. Call 210-525-1200 or request a free consultation.
The firm works on a contingency fee. You pay nothing unless the firm recovers money for you, and that covers case expenses as well as the fee: if there is no recovery, you owe no attorney's fee and no case expenses. Ask for the fee agreement and read the fee and expense section before you sign anything.
Related San Antonio legal resources
Primary legal and public-data sources
- TxDOT: Texas crash reports, data, and statistics
- Texas Civil Practice and Remedies Code Chapter 33: proportionate responsibility
Ryan Orsatti Law
4634 De Zavala Road, San Antonio, TX 78249
General reference links. Consult each source for its current text.