If you’re hurt in an auto accident, your first thoughts typically do not involve protecting your rights. Confusion and chaos often leave drivers and passengers unsure of what to do first after a car wreck. While we hope that you’re never involved in an accident, the car accident lawyers at Liggett Law Group know that being prepared is the best way to make sure the correct steps are taken after a crash. Here are the 8 most important steps to take after a car accident.
1) Ensure Your Safety and Call Law Enforcement
If possible, pull your car to the side of the road and put on your hazard lights to alert other motorists. If you or anyone else involved is injured, call 911 and ask for help. Even if you think you aren’t hurt, you should still call for emergency services because you can benefit from having an official police record of the crash.
The police report will contain important information, such as the other drivers’ license plate numbers and driver’s license numbers, as well as information from the police officers, such as their badge numbers and written statements. Having an accident report on record will be vital if you need to file a claim for damages and injuries. You can request a crash report online or ask your personal injury attorney to do this on your behalf.
2) Gather Information and Exchange Information
Most drivers know they should get the insurance information and phone numbers of the other parties in a car accident, but there’s much more to document at a crash site. If you are able, you should try to gather as much information at the scene as possible since these details can benefit your insurance claim. If you hire a car accident lawyer, they can return to the crash area and add more evidence.
Be sure to collect the following documentation:
- Insurance policy number of the other driver
- Names and contact information of witnesses
- Photos and videos of the accident scene
- Photos and videos of vehicle damage
- Photos and videos of physical injuries
- Details about the scene of the accident, including road conditions and weather conditions
You should also write down or make a video including detailed notes of what you remember about the accident. Describe what happened leading up to the time of the accident and what happened afterward, with updates added as events unfold. Memories can fade quickly, and the documentation mentioned here can help you keep a clear recollection of how the car accident occurred.
3) Don’t Admit Fault After the Car Crash
One of the most important things you can do after an accident is to NOT admit fault. It’s a common response for a car wreck victim to apologize to those involved, even if the crash was someone else’s fault. However, this can be used against you when you or your attorney are trying to negotiate a fair settlement with the at-fault driver’s insurance company.
Sometimes, a driver may believe the accident was their fault, but after the evidence is evaluated, it turns out there were other factors to blame, and they were not at fault for the car accident.
The insurance company may still try to reduce or deny your claim, even if you can show you were not responsible. The best choice is to simply skip any small talk and only exchange contact and insurance information, then wait to speak to your car crash lawyer about what happened.
Our car accident attorneys recommend being very careful when speaking with the police, insurance providers, or any other parties involved. This caution helps you avoid inadvertently admitting responsibility for the crash. Any indication that you were at fault could seriously impact your ability to recover damages later.
4) Get Medical Treatment
Your immediate health and safety are of the utmost importance and should be your first concern after a car accident. If paramedics arrive on the scene, make sure you are checked out, and any injuries are documented and treated. Even if you don’t feel like you’re hurt, it’s important to see a doctor, whether at the accident scene or by going to the emergency room after the crash.
Some of the common car crash injuries our vehicle accident lawyers have seen include:
- Broken bones and fractures
- Burns from flames or chemicals
- Road rash
- Puncture wounds
- Head, eye, ear, and jaw injuries
- Bruises, contusions, and lacerations
- Internal bleeding
- Internal organ damage
Many common car accident injuries, such as whiplash, concussions, or other traumatic brain injuries, don’t show up right away. These “silent” conditions can quickly become more serious or even life-threatening if they aren’t diagnosed and treated. If you don’t have a regular doctor, your car crash attorney should have a strong professional network and be able to connect you to specialists who can assess your injuries.
Medical Records Are Key to Your Recovery and Claim
It’s important to have documentation from a medical professional to show the link between your auto accident and any injuries you sustain. Doing so makes it easier to demonstrate how the other party’s negligent actions were a direct cause of your injuries. Once you’ve been checked out, make sure to follow all of the doctor’s treatment instructions, including going to any follow-up appointments.
By continuing your treatment, you give yourself the best chance to fully recover and return to your regular activities. All those medical records also enable your attorney to fully calculate your damage demands, including your projected medical care costs, if your recovery is expected to last a long time. Under Texas law, you can ask for both economic and non-economic damages, which may include:
- All medical bills, including ER and surgery costs
- Property damage, such as your vehicle, clothing, computer, and cell phone
- Physical therapy
- Lost income, benefits, and insurance
- Lost earning capability if you are unable to return to your previous job
- Nursing care facility costs or the price of an in-home nurse
- Pain and suffering
- Emotional distress
- Anxiety, PTSD, and depression
In the event you pass away from your accident, your family can work with a wrongful death attorney to file a wrongful death claim or survival action. They have the right to seek compensation for all your medical costs prior to death and for your burial and funeral expenses. With full documentation of your medical treatment, a wrongful death settlement against the liable party can provide the survivors with the financial resources they need to carry on without you.
5) Avoid Discussing the Crash with Others
Along with not admitting fault at the scene of the accident, you should limit what you say to others in your friend and family group. It’s especially important that you do not post about the crash on social media platforms. It’s best to talk only with your attorney about the details and your plans for filing a claim.
The reason this is so critical is that insurance companies will investigate every aspect of your claim before making a decision. This can include scouring your social media presence and speaking to your friends and family about what happened. If you have made a lot of posts or comments about the accident, the insurer may try to interpret these in a way that negatively impacts your case.
Keep discussions to a minimum with others, and stay off social media. Stick to talking about your case with your lawyer and allow them to handle the conversations with insurance companies and other parties in the crash.
6) Hire an Experienced Car Accident Attorney to Negotiate with the Insurance Company
The insurance claim and legal process may seem easy at first glance, but they quickly become complicated, especially when you are recovering and in pain. Instead of taking on this additional burden, discuss your claim with an experienced personal injury attorney who will make sure you have a valid claim. Your lawyer will educate you about all relevant laws and claims processes, especially in complex cases such as getting hit by someone without insurance or being involved in a hit-and-run accident.
Texas is an at-fault state, so those who cause an accident are legally and financially responsible for any injuries and property damage they inflict. Your first step is to file an insurance claim against the policies of anyone who caused or contributed to your accident. A skilled attorney can help you identify all parties through a thorough investigation.
Once you have submitted an insurance claim and the insurance company has proof of all medical expenses and losses, the insurance adjuster will often make a settlement offer. To get you the compensation you are due, your attorney will negotiate with the insurance adjuster to ensure they do not take advantage of you through a low settlement.
Settlement discussions can drag on, but a knowledgeable attorney will know how to establish a winning case to get clients the financial compensation they deserve. An experienced car accident lawyer will collect the evidence needed to prove liability and seek the damages to get their clients what they are owed.
7) Litigating a Car Accident Case
Victims of car accidents should not have to pay for the consequences of another person’s negligence or careless actions. Yet, recovering financial compensation for your losses means you must show how the other person was negligent so they can be held liable. Your car accident attorney will prepare evidence supporting their ability to demonstrate the four elements of negligence, which are:
- Duty: Your attorney must show how the other party owed you a duty of care to drive safely and avoid harming others.
- Breach: Your lawyer must demonstrate how the defendant breached their duty of care.
- Causation: Your attorney must present evidence establishing a causal connection between the breach and your injuries and property damage.
- Damages: Your lawyer must present evidence detailing the damages associated with your injuries.
An automobile accident case could take several months to several years to complete from start to finish. The length of time depends on a variety of factors, including the complexity of the accident. In Texas, the statute of limitations for filing a personal injury case is two years. The sooner you contact a personal injury attorney, the sooner they can begin investigating your case.
Evidence Your Attorney May Use in Your Case
Supporting your argument of negligence requires robust evidence that clearly shows the breach, causation, and list of damages resulting from your accident. Beginning with the material you collected right after the crash, your attorney and their professional support team will gather more evidence. They will perform actions such as:
- Returning to the accident scene for more photos and evidence
- Requesting video footage from traffic, security, and neighborhood door cameras
- Interviewing witnesses
- Requesting police reports and other official records
- Collecting your medical records and receipts
- Requesting phone and driving records for the at-fault party
- Presenting statements by the other driver made at the scene
- Bringing in various experts to testify and reconstruct the accident
Your attorney should expect the other party to try to pin at least part of the blame on you since Tex. Civ. Prac. & Rem. Code § 33: Sec. 33.001 states that you cannot seek compensation if you are more than 50% at fault for an accident. The more fault that’s assigned to you, the less your settlement will be, so insurance companies and opposing lawyers will try to reduce their burden in any way they can.
8) Contact Ted Liggett
No matter how minor your auto accident is, it’s always a good idea to consult a car accident attorney before discussing the crash with an insurance company or accepting any settlement offers. Insurance companies will often make a quick settlement offer that is far lower than you are entitled to. If you accept this offer, the claim is completed, even if you realize later that it didn’t cover all of your damages.
An experienced car accident lawyer at Liggett Law Group will negotiate the best possible settlement because we know when you are getting a fair amount. If negotiations are unsuccessful, we will aggressively pursue your right to fair compensation in court. Contact us today to arrange a free case review and discuss your legal options.