The actions that you take after getting involved in a car accident in Texas can have a major impact on the future of your claim. The best way to protect your rights is by knowing exactly what to do – and what not to do – in the aftermath of a motor vehicle crash.
Understanding what not to do can prevent you from making detrimental mistakes that hurt your case or even bar you from financial compensation. Save yourself a lot of time, money and stress by following these tips for things you shouldn’t do after a car accident.
Choose Not to Stop
Never leave the scene of a car accident without stopping. In Texas, this is a crime known as a hit-and-run (Texas Transportation Code Chapter 550) that can come with severe penalties such as jail time and even felony charges if someone has been injured. You are legally required to pull your vehicle over as close to the scene of an accident as is safely practicable.
Admit Fault or Apologize
When speaking to the other driver involved in the crash, vehicle passengers, police officers and insurance companies, never admit fault. Do not apologize to the other driver, either, as this could be misconstrued as an admittance of guilt for the collision.
Texas is a fault-based car insurance state. This means the party at fault for causing a crash must pay for the victim’s damages. If you admit fault, your insurance could be on the hook for the accident – even if you didn’t cause the collision. Instead of admitting fault, wait for an investigation of the crash to determine its cause and liability.
Engage With an Aggressive Driver
If the other driver involved in your crash was performing dangerous, aggressive or reckless maneuvers before the collision occurred, you could be dealing with an intoxicated or road-rage driver.
In this scenario, it is important to protect yourself by remaining in your vehicle and not engaging with the driver. Call the police from inside of your locked car with the windows up. Never yell at, argue with or engage in physical confrontation with another driver.
Wait to Get Medical Care
At the top of your list of things to do after a car accident is getting prompt medical care. Immediately check yourself and others involved in the crash for signs of injury. Call 911 to request an ambulance if anyone has serious injuries.
Even if you don’t immediately notice physical injuries, go to the nearest hospital for a comprehensive checkup. Medical scans and x-rays could discover an injury before you notice signs and symptoms – especially if your adrenaline is masking pain.
Delaying medical care can put you at risk of making your injuries worse due to a lack of proper treatment. It can also make it more difficult to receive fair compensation, as an insurance company may try to blame you for the extent of your injuries (“failure to mitigate damages”) or argue that your injuries were caused by something other than the crash.
Underestimate Your Injuries
It is common not to feel pain, stiffness or soreness from a car accident injury right away. The adrenaline pumping in your veins can act as a temporary painkiller. In some cases, symptoms can be delayed until the injury worsens and becomes severe.
This could be the case with a serious brain injury, for example, that continues to swell or bleed without the victim realizing it until it’s too late. Do not tell a police officer or insurance adjuster that you are not injured until you’ve seen a doctor to confirm.
Forget to Collect Information
Another legal requirement for Texas drivers who are involved in automobile accidents is to exchange information with the other driver(s) involved. This includes:
- Names
- Addresses
- Vehicle registration numbers
- Insurance company names and policy numbers
- Driver’s licenses, if requested
You should also gather eyewitness names and contact information to collect statements later. If you can, write all of this information down before leaving the scene.
Decide Not to Involve Insurance or the Police
Never make the choice to deal with a car accident “under the table,” meaning without the involvement of police officers and insurance companies. Do not let the other driver convince you not to call the police.
It is always in your best interest to call 911 to report a car accident right away. This is the law in Texas if a crash results in injuries, deaths or more than $1,000 in property damage. You should still report even a minor accident, however, so that you can obtain a police report.
Fail to Capture Images
If you can, take pictures and videos at the scene of the accident. Photographs of the crash site can capture potential evidence of fault, such as skid marks on the road, road and weather conditions, and the positions of both vehicles. Accident reconstruction experts can use these images to establish and prove causation.
Speak to Insurance Companies Without a Lawyer
You must report a car accident to your own car insurance company promptly. Most companies require crash reporting within at least 72 hours of the accident. If you believe the other driver is to blame, you should also contact their insurance company to file a claim. However, do not engage in conversations or negotiations with an insurance claims adjuster without first consulting with an attorney.
Insurance claims adjusters are hired to process car accident claims. However, you cannot trust the adjuster who calls you to discuss your claim. The adjuster’s main goal is to save the insurance carrier money by minimizing your payout as much as possible. If you wish to protect your rights and maximize your financial recovery, hire an experienced Austin car accident lawyer to represent you during insurance settlement negotiations.
Fail to Reach Out to a Car Accident Attorney
Don’t accept a fast settlement from a car insurance company until you’ve spoken to a lawyer. Hiring a skilled and knowledgeable Austin personal injury attorney can improve your chances of collecting fair financial compensation for a car accident in Texas. A lawyer can help you understand all of your potential legal options after a crash.
A lawyer can conduct a comprehensive investigation into your car accident to determine who is at fault. Then, your attorney will help you pursue a claim or file a lawsuit against the correct party or parties to seek justice. Working with an attorney will ensure that you avoid common mistakes and mishaps that could interfere with your ability to recover fair compensation.
