After Your Accident: Some Do’s and Don’ts

Some Do’s and Don’ts After Your Accident | McKay Law

Table of Contents

Submit Your Case

Let’s look at what to do and what not to do after your accident.

Download The eBook Instantly

After Your Accident: Some Do’s and Don’ts

Do Not Say You Were at Fault.

Be truthful, of course, whether you are being questioned by a police officer or a store manager. However, the question of “fault” involves the rendering of a legal opinion. In legal terminology, it is not a “fact” but a conclusion. It is a question for a lawyer, or perhaps ultimately for a jury, to determine. You are not required (or even qualified) to render such an opinion. Don’t give one.

Take Photos As Soon as Possible.

In this age of cell phones, taking photographs is usually a simple matter. Get pictures of the damage to your car, and the other car too. Also get a picture of the other driver. It is not unheard of for a driver who has been in an accident to say, “I was nowhere near that location that day!” Particularly when the other driver was clearly at fault.

Take Pictures of the Broader Area Too.

They will be invaluable in explaining the scene, and how the accident occurred. This is much better than relying on your hands to illustrate the position of the vehicles and the configuration of traffic lanes. Photograph anything else that appears relevant. Skid marks, for example, or gouges in the pavement, or pieces of wreckage.

Not All Injury Claims Stem From Automobile Accidents.

They may arise from negligently-maintained premises, or from the workplace, for example. Say a badly placed downspout causes water to spill across a sidewalk, which turns into a sheet of ice. The ice may well be gone tomorrow, and the downspout may be relocated. Get photos of the condition and preserve the evidence.

Be Careful on Social Media.

Avoid talking about your accident too much; be especially careful on social media. What is often said in TV police dramas has some application to accident cases: Anything you say may be used against you.


Prepare a memo as soon as possible, chronicling everything—the more detail the better. Note what the weather was like and things you notice about the scene (whether or not they seem relevant at the time). Write down the name of the other driver and any passengers in her car, license numbers, and names of witnesses and investigators. Most importantly, how did you feel? Detail any pain or injury, and describe what happened to your body upon impact. Write down what anyone else may have said to you, as close to verbatim as possible. Give this to your lawyer at your first meeting. He will find it helpful.

Get Treatment.

Most important: get immediate treatment for your injuries. Do not try to be a hero or a martyr. Any failure to seek immediate treatment will be viewed as evidence that you were not really injured. In addition to an emergency room visit, be sure to follow up with your 

primary care physician as soon as you are able. This is important for several reasons. First, it demonstrates that you really were injured. But further, some injuries—even some fractures—may have been missed by ER staff. And some injuries—such as shoulder injuries caused by seatbelts—may not even show up until some time has passed. It is just a fact of the personal injury field: while getting treatment is deemed to be proof that you were injured, not getting treatment is deemed to be proof that you were not.

Keep Copies of Papers.

Keep copies of everything: police reports, medical records, medical bills, prescriptions, expenses due to the accident (such as lost wages or car rental).

Contact a Lawyer As Soon as Possible.

If you have been injured, do not try to deal with the other party’s insurance company by yourself. The worse your injury is, the more important this advice is. You will be dealing with an expert in negotiating claims. Certainly, the position of claims adjuster is an honorable one, but remember: the claims adjuster’s job is to emphasize your own fault for the accident, and to minimize the fault of his own insured.

He will also try to minimize the degree to which you have been injured, and try to pay you as little as he can get away with to resolve your claim. From the adjuster’s point of view, we live in a dishonest world. Many people make dishonest claims, and a reasonable adjuster will assume most claims are just that, including yours. He’s seen it before; unfortunately, that is the way of the world.

Retaining a Lawyer Will Likely Cost You Little or Nothing.

Most injury lawyers work on a contingent fee basis—that is, they receive a percentage of what they recover on your case. (You may be required to reimburse your lawyer for some of the costs incurred.) Your lawyer is an expert at evaluating and negotiating claims; leave the work to him or her.

Be Patient: Injury Claims Take Time.

Your attorney will likely try to resolve your case with the other driver’s insurance company before going to the expense and trouble of a lawsuit. Be aware that, either way, it takes time. True, some insurance companies have the reputation of dragging their feet to avoid settling, but these “sub-standard” companies are in the minority. Actually, most insurance companies, like most people, are concerned with “clearing their desk.” Yes, it is the claims adjuster’s job to preserve the company’s money; but more so, he views his job (as does his boss) as disposing of a volume of claims as quickly and efficiently as possible.

Nevertheless, settling with an insurance carrier always seems to take longer than it should. If your claim seems to be taking too long (and it likely will seem that way), know that your lawyer wants your case settled too. He is doing his best.

If a suit must be filed, that process is usually a slow one, too. It is in the nature of every court system that things move at glacial speed, but your lawyer will do all he can to move your case along.

Get a Free Case Consultation

Before you negotiate or sign anything, learn your rights and how to protect yourself and your family. A personal injury lawyer can talk to you about your legal options, how to avoid common mistakes, and how to maximize your claim. 

Contact McKay Law now to discuss your case at (903) INJURED / (903) 465-8733 or (903) ABOGADA / (903) 226-4232. The consultation is free, and there is no obligation. NO FEES UNLESS WE WIN!

Submit Your Case

About McKay Law

Play Video about About McKay Law | Video Cover
Caleb Moore
Caleb Moore
Read More
This business does truly care about their clients and their needs! They have an amazing staff, and are one of the best places in the area for sure!
Amy Patterson
Amy Patterson
Read More
McKay Law and Attorney Lindsay McKay were extremely prompt with in helping me with my wreck! She is very knowledgeable of the law!
Alexandra Serrano
Alexandra Serrano
Read More
She, was very helpful she gonna fights for your right !!! Awesome lawyer and company’s 👍🏻👍🏻👍🏻👍🏻👍🏻👍🏻
Carmen Montoya
Carmen Montoya
Read More
Lindsey and her team were very professional! I am so thankful to have had them work on my case.
Jenny Wakeland
Jenny Wakeland
Read More
Mrs. McKay treats her employees well. She is knowledgeable, professional and trustworthy. She truly cares about her clients.
Cobbie Johnson
Cobbie Johnson
Read More
Very professional greatest law firm I’ve ever worked with.

Why McKay Law?

Lindsey McKay | Sulphur Springs Texas Personal Injury Lawyer | McKay Law – Legally Bold
McKay Law | Legally Bold | Personal Injury Lawyer

Passion For Justice – Compassion For Clients

Compassion. Confidence. Commitment.

20 +

20+ years of combined experience with of counsel addition.

Reasons to Hire
McKay Law

Play Video about McKay Law | 2022 Sulphur Springs Personal Injury Lawyer
VIP / White Glove Service | Reasons to Hire McKay Law

VIP / White Glove Service

We are Available 24/7 - We take care of our client’s needs – whatever they may be – and advise and instruct from beginning to end.

We Care | Reasons to Hire McKay Law

We Care

We hope to change your life and your situation and turn something tragic into something better. No issue is too tiny for us to consider or too big for us to tackle.

We Listen to Learn Your Story | Reasons to Hire McKay Law

We Listen to Learn Your Story

Injuries, pain, the stress of life, the case, finances – We want to know you and be the voice to tell your story for the best results.

Any Legal Issue | Reasons to Hire McKay Law

Any Legal Issue

We are legally bold to help you. If we can’t address, we know the best.

Fight For Best Results | Icon McKay Law

Fight For Best Results

We ensure we fight for the best results possible for your case.

No Fee Unless We Win | Reasons to Hire McKay Law

No Fee

Unless we win and also NO FEE for handling property damage.

Over 40 Years of Service | Reasons to Hire McKay Law

20+ Years of Combined Experience

We have a long line of success and a team that has worked together for decades and has perfected and streamlined the process; making something stressful and painful as seamless and easy as possible.

Dedicated Nurse to Guide You | McKay Law

Dedicated Nurse to Guide Medical Treatment

McKay Law has an in-house specialist guiding our personal injury clients on medical treatment. Read more about our Texas Nursing Board Certified Nurse and How We Assist.

McKay Law Client Reviews on Google

McKay Law's


Free Consultation with Texas Personal Injury Lawyer

No Fees Unless We Win. We Listen To Our Clients.

Play Video about Free Consultation with Texas Personal Injury Lawyer | McKay Law

Lindsey McKay is a dedicated trial attorney with experience and drives to get the best results for her clients. We handle personal injury cases that involve the following matters: drunk driving accidents, nursing home negligence, uninsured or underinsured motorists, motor vehicle accidents, product liability, auto defects, animal bites, work-related injuries, medical negligence and fatalities.

Free Consultation 24/7

You may be owed money. 

Call our Personal Injury Lawyer now: (903) 465-8733 or use the form below. You can also calculate your total damages for settlements.