The moments following a car accident are often chaotic and stressful. Your mind races, adrenaline surges, and it can be difficult to think clearly. Knowing what to do in this critical window can protect your health, financial well-being, and legal rights. This guide provides a clear, step-by-step checklist for navigating the aftermath of a car accident in Texas.
A collision can happen in an instant, but the consequences can last for months or even years. Following these steps helps ensure you are prepared for the insurance claims process and any potential legal action.
Immediate Steps to Take at the Accident Scene
Your actions right after the crash are crucial. Prioritize safety and evidence collection while remaining as calm as possible.
1. Check for Injuries and Ensure Safety
Your first priority is health. Check yourself and your passengers for injuries. If anyone is hurt, call 911 immediately. Even if injuries seem minor, it’s wise to have medical professionals assess the situation.
If your vehicle is movable and in a dangerous spot, like the middle of a busy highway, move it to the shoulder or a nearby safe location. Turn on your hazard lights to alert other drivers. If you cannot move your car, get yourself and any passengers out of the vehicle and to a safe place away from traffic.
2. Contact the Police
Always call the police after an accident, regardless of how minor it seems. A police report is an essential piece of evidence for your insurance claim. When the officer arrives, provide a factual, straightforward account of what happened. Avoid admitting fault or blaming the other driver. Stick to the known facts. The responding officer will create a formal report, known as a Texas Peace Officer’s Crash Report (CR-2), which will be invaluable later.
3. Exchange Information
Gather key information from the other driver(s) involved. Do not rely on a verbal promise; take photos of their documents if possible. Collect the following:
- Full Name and Contact Information: Phone number, address, and email.
- Insurance Details: The name of their insurance company and their policy number.
- Vehicle Information: The make, model, color, and license plate number of their vehicle.
- Driver’s License Number: This helps confirm their identity.
Also, be sure to get the names and badge numbers of the responding police officers.
4. Document the Scene Thoroughly
Your phone is your most powerful tool for gathering evidence. Take pictures and videos of everything you can, including:
- The position of the vehicles involved.
- Damage to all cars from various angles.
- Skid marks on the road.
- Relevant traffic signs, signals, and road conditions.
- Your visible injuries.
- The weather and time of day.
If there were any witnesses, ask for their names and contact information. Their independent accounts can be very persuasive in a dispute.
Steps to Take in the Days Following the Accident
Once you have left the scene, your focus should shift to your recovery and protecting your claim.
5. Seek Medical Attention
Many serious injuries, like whiplash, concussions, or internal bleeding, may not show symptoms immediately. Adrenaline can mask pain at the scene. It is essential to get a full medical evaluation from a doctor or an emergency room within 24 to 72 hours of the accident.
This serves two purposes:
- It ensures any hidden injuries are diagnosed and treated promptly.
- It creates a medical record that directly links your injuries to the accident, which is critical for your personal injury claim.
Case Study: The Danger of Delayed Treatment
Maria was in a fender-bender in Dallas. She felt a bit stiff but declined medical care at the scene, thinking she was fine. A week later, she experienced severe neck pain and headaches. Her doctor diagnosed her with a significant whiplash injury that required physical therapy. The other driver’s insurance company argued that because she waited a week to see a doctor, her injury might have been caused by something else. This delay complicated her claim and made it harder to get full compensation for her medical treatment.
6. Report the Accident to Your Insurance Company
Notify your own insurance company about the accident as soon as possible. Provide them with the basic facts you collected at the scene. You are required to cooperate with your insurer, but you do not have to provide a recorded statement to the other driver’s insurance company. Their goal is to find reasons to minimize or deny your claim. It is best to consult with a lawyer before speaking to the other party’s adjuster.
7. Keep Detailed Records
Start a file to keep all accident-related documents organized. This includes:
- The police report.
- Medical records, bills, and receipts for prescriptions.
- Photos and videos from the scene.
- Correspondence with insurance companies.
- Records of any lost wages due to time off work.
- A personal journal detailing your pain, suffering, and how the injuries impact your daily life.
The Most Important Step: Consult a Texas Car Accident Lawyer
Navigating the aftermath of a car accident can be complex, especially when dealing with injuries and aggressive insurance adjusters. Hiring a personal injury lawyer is a decisive step toward protecting your rights.
An experienced lawyer can handle all communications with insurance companies, gather evidence, and build a strong case on your behalf. They understand the tactics insurers use to undervalue claims and will fight to ensure you receive fair compensation for all your losses, including:
- Medical expenses (current and future).
- Lost income and diminished earning capacity.
- Pain and suffering.
- Property damage.
Most personal injury attorneys work on a contingency fee basis, meaning you don’t pay anything unless they win your case. This allows you to get expert legal help without any upfront financial risk.
By taking these proactive steps, you can navigate the difficult period after a crash with confidence, knowing you have done everything possible to protect yourself.
Helpful Resources
- Texas Department of Transportation (TxDOT): Provides resources on traffic safety and allows you to order a copy of your crash report.
- Texas Department of Insurance: Offers information on auto insurance in Texas and can help you understand your rights as a policyholder.
If you have been injured in a collision, understanding what to do is the first step toward recovery. To learn more, review these Steps to Take After a Car Accident in Texas.
