Car accidents are an unfortunate reality of life on the roads, and Texas—the state with some of the busiest highways in the nation—is no exception. According to the Texas Department of Transportation, there was not a single day in 2022 without a road accident recorded somewhere in the state. If you’ve been involved in a car accident in Texas, knowing what steps to take can significantly impact your recovery, both physically and financially. This guide will walk you through everything you need to do to protect your rights and your health after a crash.
Immediate Steps After a Car Accident
1. Stay Calm and Ensure Safety
First and foremost, try to stay as calm as possible. Car accidents can be overwhelming, but staying composed will help you make better decisions. Check yourself and others for injuries. If it’s safe to do so, move your vehicle out of the flow of traffic to avoid further accidents.
2. Contact Emergency Services
Call 911 immediately to report the accident, especially if there are injuries or significant property damage. A police report will be an essential piece of evidence when you file an insurance claim or pursue legal action.
3. Document the Accident
Gather as much information as you can, including photographs of the scene, vehicle damage, road conditions, and any visible injuries. Also, exchange insurance information and contact details with the other driver(s) involved. If there are witnesses, ask for their contact information as well, as their accounts can be valuable later.
Protecting Your Rights in Texas
Understand Texas Car Accident Laws
Texas operates under a “fault” system, meaning that the driver deemed responsible for the accident can be held liable for damages. This makes establishing fault crucial. Your documentation of the accident and evidence gathered will play a pivotal role in determining liability.
Know the Statute of Limitations
Texas law gives you two years from the date of the accident to file a personal injury claim. Missing this deadline could mean forfeiting your right to compensation. Taking prompt action is essential to ensure you don’t run out of time.
Seeking Medical Attention
Why Medical Evaluations Are Crucial
Even if you don’t feel injured immediately after an accident, it’s vital to see a doctor as soon as possible. Adrenaline can mask pain, and some injuries, like whiplash or internal damage, may not present symptoms until hours or even days later.
Delayed Symptoms and Insurance Claims
If you delay seeking medical attention, insurance adjusters may argue that your injuries were minor or unrelated to the accident. A documented medical evaluation can help solidify your claim and ensure you receive full compensation.
Contacting an Attorney
The Importance of Legal Representation
Hiring a car accident attorney can make a substantial difference in the outcome of your case. An experienced attorney will ensure you fully understand your rights, gather evidence, communicate with insurance companies, and represent you in court if necessary.
How to Choose the Right Attorney
Look for someone with experience in handling car accident cases in Texas, a solid track record, and positive client testimonials. Schedule consultations with potential attorneys to ensure their communication style and approach align with your needs.
Dealing with Insurance Companies
Communicating with Adjusters
When speaking with insurance adjusters, stick to the facts. Avoid offering your opinion or saying anything that could be interpreted as admitting fault. Even a seemingly innocent statement like “I’m sorry” could be used against you.
Avoid Accepting Quick Settlements
Insurance companies often propose low settlement offers to close cases quickly. Don’t rush into accepting an offer before consulting your attorney. Once you accept a settlement, you forfeit the right to pursue additional compensation, even if your expenses continue to rise.
Documenting Your Damages
Keep Records of All Expenses
Start documenting every accident-related expense immediately. This includes medical bills, repair costs, lost wages, and even incidental expenses like rideshare fees for doctor visits.
Photographs and Witness Statements
Visual evidence of damages, such as vehicle scratches or injuries, and witness accounts can strengthen your case. Store these in a safe, organized manner for easy access.
Navigating the Legal Process
The Stages of a Car Accident Claim
The legal process can vary, but it generally involves the following steps:
- Filing an insurance claim.
- Investigating the accident and gathering evidence.
- Negotiating a settlement with the insurance company.
- Filing a lawsuit (if necessary) and proceeding to court if a fair settlement isn’t reached.
Stay Patient and Persistent
Legal proceedings, especially those involving car accident claims, can be time-consuming. Stay patient and follow your attorney’s advice throughout the process. Persistence can lead to a better outcome.
When the Road Gets Rough, Take the Right Steps
Recovering from a car accident—whether physically, financially, or emotionally—can be challenging. But by taking the right steps, you can protect your rights and ensure you’re adequately compensated for your losses.
If you’ve recently been in a car accident in Texas, don’t hesitate to seek the support you need. Whether it’s finding the right medical care or navigating complex legalities, every step matters.
Need professional help protecting your rights? Contact a trusted car accident attorney in Texas today to make sure you’re on the road to recovery.