What to Do Immediately After a Car Accident in Texas
A car accident can ruin your day, and if it’s a particularly bad one, you may sink into a depression for a few days. However, it’s important to follow specific steps when you get into a car accident in Texas to help streamline the claims process and everything that follows. Here are some steps you should take.
Move to a Safe Place
It might be tempting to start exchanging information right where the accident took place. However, if you’re right in the flow of traffic, you may be blocking other vehicles. As soon as you and the other driver are aware that a collision happened, pull your car over to the shoulder and put your hazard lights on. Not only will this ensure that other cars don’t hit your vehicle, but your hazard lights will alert other drivers that your car won’t be moving.
Leaving your vehicle in a travel lane may cause a second accident. Worse, getting out of your vehicle in traffic puts you at risk of being struck by a passing vehicle. For everyone’s safety, pull your car over to the shoulder, a safe space, or a nearby parking lot.
Check for Injuries
Once you’re in a safe place, see if you and the other passengers in your vehicle have any injuries. Some injuries may not be immediately apparent, such as internal bleeding. Make a note of the injuries you have now, and then make an appointment with your doctor to check for additional injuries.
Comply With Texas’ “Stop & Render Aid” Law
Texas’ “Stop and Render Aid” law states that drivers involved in a car accident in Texas must stop immediately after the accident, exchange relevant information, and see if there are any injuries. Failure to stop and render aid after an accident that has caused injuries may result in a possible jail time of 10 years.
Furthermore, since September 1st, 2013, the state has implemented harsher penalties for hit-and-run drivers after the death of Courtney Griffin by a hit-and-run driver, Gabrielle Nestande. For hit-and-run fatalities, the penalty is now equal to that of intoxicated manslaughter, which is a second-degree felony and a possible jail time of 20 years.
Call the Police
In Texas, you should call the police if there are fatalities, injuries, or property damage that exceeds $1,000. You should also call the police if one or both of the vehicles can’t be moved, you suspect the other driver is intoxicated, or you have been involved in a hit-and-run car accident. If any of these situations apply, call the police, even if the other driver says it’s “not necessary.”
Once you call the police, an officer will be dispatched to the scene to determine if an investigation is necessary. The officer will also take down all the details of the accident and file a crash report, which can serve as evidence, especially if your case ends up in court or involves a car accident lawyer.
One of the main reasons to call the police is to have a third-party record of the accident. A police officer often provides an objective account of the accident and may include an assessment of who was responsible for the crash. Officers will note down details like:
• Date, time, and location of the accident
• Road conditions
• Description of all vehicles involved in the crash
• Details on what kind of property damage occurred
• Notes on whether any driver was impaired
• Notes on any injuries
Exchange Information
The next step is to exchange relevant information, such as your insurance and license plate numbers. Here is the type of information you should collect:
• Other driver’s insurance information
• Vehicle license plate
• Make and model of all vehicles involved
• Full names of the drivers involved
• Names and contact information of any witnesses
Exchanging insurance information is crucial as it allows your insurance company (or theirs) to file a claim. From here, compensation for injuries or property damage can then be addressed. The claims process will also determine liability or who is at fault. Texas is an at-fault state, so the driver who is at fault will be responsible for paying for damages and injuries.
Document the Scene Like an Investigator
One of the most important steps you should take immediately after a car accident in Texas is to document the scene thoroughly. Take a picture of the damage to all the vehicles involved in the accident in order to preserve evidence. By taking photos immediately, you can capture details that may be lost or changed in the claims process.
Photos can help support your claim of who was responsible for the accident. They can also prevent people from making false claims or exaggerating the damage.
Thorough documentation, such as dash cam footage, videos, and photos, can help a car accident attorney with legal proceedings, too. All this documentation can show weather conditions, skid marks, and the aftermath of the accident.
Talk to Police
When an officer arrives at the scene of the accident, they will ask for your version of events. It’s important that you stick to the facts. Avoid saying things like, “I think.” And never say it was your fault. Remember, this official report will be filed and used by insurance companies or courts to determine liability. A factual account of what happened can avoid complications later.
By sticking to the facts, you will also avoid making statements that could be used against you later in court or by the other party’s insurance company. Moreover, your words may be misunderstood. By sticking to the facts, you can avoid ambiguity. And if you’re unsure about something, it’s always better to say, “I don’t know” rather than guess. Trying to make a “calculated guess” or an assumption may end up hurting your claim down the line.
Seek Medical Attention the Same Day
Try to seek medical attention the same day or within 72 hours of your accident. Not every injury shows up immediately. There may be injuries, such as a spinal injury, that will kick in a day or two later. A doctor who deals with auto accident injuries can ensure you get a proper diagnosis and determine not only if your injuries are a result of the accident, but also if there will be long-term effects.
Tell your doctor what happened during the crash and if you are experiencing any symptoms. Common injuries include:
• Whiplash
• Inflammations
• Soreness
• Pain in various areas
• Tinnitus or other hearing issues
• Internal bleeding
Getting your injuries documented by a doctor can also help your insurance claim. If you have hired a vehicle accident lawyer, your lawyer will need your medical bills to build your case.
Putting off medical care can also be costly. If you don’t seek medical attention right away and you do end up with injuries from the accident, you may have to pay out of pocket. In other words, if your injuries are diagnosed too late, you may miss the window to include your injuries in the insurance claim.
Notify Your Insurer Within 24 Hours
An accident may have left you in a hospital or with debilitating pain. However, it’s still crucial that you notify your insurer within 24 hours. Some insurance companies will deny a claim if the accident wasn’t reported within 24 hours. But even if this isn’t the case, notifying your insurer can ensure a smooth claims process. Getting the claims process started immediately can make it easier for every side to gather important information related to the accident.
Plus, there are a lot of gray areas when working with insurance companies. If another driver files a claim against you, your insurance company may refuse to pay the claim if you did not report the accident.
Watch What You Say to the Other Driver’s Insurer
If the other driver’s insurance company calls you, be careful what you say. Like in court, anything you say can be used against you to deny your claim or assign fault. Never admit fault or apologize. Even apologizing is an admission of guilt. Answer the questions directly, but don’t provide additional (or unnecessary) details, such as why you think the accident occurred.
If you’re concerned that you could be misquoted or that your words will be used against you, consider talking with a car crash attorney to advise you on what to say.
Preserve Every Receipt & Pay Stub
Receipts and pay stubs are proof of every out-of-pocket expense related to the car accident and could support your insurance claim or court case (if you decide to take the case to court). Save all your medical and car repair bills.
If you were in the hospital after the accident and unable to return to work, save any pay stubs that showed missed wages. Receipts and pay stubs are evidence of the financial toll the accident took on your life and are important if you decide to file a personal injury lawsuit.
Receipts and pay stubs will also give you more leverage when dealing with the insurance companies, as you can accurately show expenses made and losses incurred.
Contact an Experienced Texas Car‑Accident Attorney
If you have suffered injuries or there is a dispute about who’s at fault, you may want to contact a car wreck lawyer. A lawyer can ensure you get compensated for medical bills and lost wages.
A car wreck attorney can also hire a team to investigate the accident, such as finding video recordings and eyewitnesses. Most importantly, experienced attorneys are excellent at negotiating with insurance companies to get the compensation you deserve.
For complex cases, a car crash lawyer can help you navigate the legal system and protect your rights, especially in cases where more than one vehicle was involved. In other instances, you may need to take the case to court. An experienced attorney can help build your case, gather evidence, and effectively argue your case in court.
What NOT to Do
Now that you know what steps you should take immediately after a car accident in Texas, here are some things you shouldn’t do.
• Do not leave the scene of the accident: The Texas Penal Code § 550.021 states that if you are involved in a collision that results in personal injury or death, you must “immediately stop the vehicle at the scene of the collision” or face felony charges.
• Do not post the accident on social media: Insurance companies and attorneys will often look through your social media for evidence that could weaken your claim or contradict the statements you’ve given.
• Do not repair your vehicle before it’s inspected by your insurer: Your insurance company may dispute the amount you paid, which means you will have to pay the difference out of pocket. For instance, if your insurance company estimates the damage to be $1,000, but you went and paid $1,500, you’ll have to pay $500 out of your own pocket.
• Don’t admit fault: Even if you are the at-fault driver, never admit fault. Let the insurance companies determine who is liable. Admitting fault can be used against you later by the insurance companies.
• Don’t forget to document the accident: If you don’t take photos of the damage on all vehicles, you open yourself up to scams. It can also become more difficult to prove your claim.
• Decide not to follow up: If you bury your head in the sand, hoping that the accident and its aftermath will all go away, you’ll only make things worse. While an accident can be devastating and expensive in the long term, it’s best to take care of these annoying details as soon as possible.
Quick Reference Checklist
Here’s a quick reference checklist when you have a car accident in Texas.
• Move your car to safety
• Check for injuries
• Exchange insurance and other information with the other driver
• Take photos of any property damage and road conditions
• Call the police
• Talk to any witnesses and get their information
• Contact your insurance company within 24 hours
• Make an appointment with a doctor
• Save every medical bill and pay stub
• Consult a vehicle accident attorney if necessary