What to Do After a Car Crash in Texas From a Legal Perspective
Car collisions caused by negligent drivers are a frequent occurrence on Texas roadways. While some may seem like small fender-benders, others can result in serious injuries and legal complications. Seldom does a victim of a car crash get out of the vehicle contemplating lengthy medical treatment or surgeries for months or years; however, such is often the case. Knowing what to do after a car crash can make a significant difference in your ability to recover compensation for the harm done to you. At Gilbert Adams Law Offices, we help car crash injury victims in Beaumont, Southeast Texas, and statewide navigate the legal process following an accident.
1. Ensure Safety and Seek Medical Attention
Your immediate priority after a car crash should be the safety of yourself and everyone involved. If you are able, check for injuries, move to a safe location if necessary and safe to do so, and call 911 to report the accident. Seeking prompt medical attention is also critical. Even if your injuries seem minor, some conditions, such as whiplash or internal bleeding, may not be immediately apparent but need to be identified, documented and treated promptly. From a legal perspective, medical records provide crucial evidence in your personal injury case, documenting the cause and extent of your injuries and the treatment required. Some of the tests for diagnosing injuries that emergency rooms tend not to perform (like MRIs) may need to be ordered by specialists in the coming weeks following a collision.
2. Report the Crash to the Authorities
In Texas, you are required by law to report any crash that results in injury, death, or where vehicle damage exceeds $1,000.00. When law enforcement investigates, they will complete a police report documenting the circumstances of the crash. This report can play a critical role in proving fault and responsibility in your case. Be sure to provide the police with accurate information but avoid admitting fault or speculating about what caused the crash. At this stage, the facts of the case are still being gathered, and premature statements could be used against you later. Do not give recorded statements to insurance companies.
3. Gather Evidence at the Scene, Including Pictures
If you are physically able, gather as much evidence as possible at the scene of the crash. Take photos or videos of the damage to all vehicles, the surrounding area, skid marks, traffic signs, and any visible injuries. Collect contact information from the other driver(s) involved, as well as witnesses. This documentation can be crucial in supporting your version of events during negotiations with the insurance company or in court.
4. Exchange Information with the Other Driver
Texas law requires drivers involved in a collision to exchange specific information, including names, addresses, driver’s license numbers, and insurance details (name of company, policy number, contact info). Be polite but avoid discussing the incident in detail with the other party. It’s important not to admit any fault, as doing so could negatively impact your ability to recover compensation. Even statements that seem harmless, like apologizing, can be interpreted as an admission, even though that was not your intent.
5. Consult with a Personal Injury Attorney
Before speaking with the other driver’s insurance company or accepting any settlement offers, it’s essential to consult with a personal injury attorney. Insurance adjusters are often experts at asking questions forcing answers that might later come back to hurt your claim. Insurance companies try to minimize payouts, and without legal representation, you may receive a settlement that is far less than what your case is worth. Worse, you may end up making a statement that provides the insurance company with leverage to dispute their liability, causation or matters about previous injuries or conditions. At Gilbert Adams Law Offices, we represent crash victims throughout Southeast Texas and statewide, fighting to ensure that they receive the full and fair compensation they deserve.
An experienced personal injury attorney can help you navigate complex legal issues, such as proving fault, negotiating with insurance companies, and filing a lawsuit if necessary. They will also ensure that your rights are protected throughout the process and that any potential claims are filed within Texas’s statute of limitations, which is two years from the date of the accident.
6. Use Caution in Speaking with Insurance Adjusters, even with your Insurer
Texas is not a no-fault state, which means drivers who are determined to be at fault are financially responsible for damages caused by the collision. Your insurance provider will likely want a statement; however, we urge you not to give a recorded statement without consultation with a personal injury lawyer. Just because an acquaintance might be a very good criminal or family lawyer, doesn’t mean they know how to handle a personal injury matter. Once a recorded statement is made, it can’t be later taken back.
7. Avoid Social Media
While it may be tempting to share details of the crash or your recovery on social media, doing so can harm your personal injury claim. Insurance companies and defense attorneys often monitor social media activity to find information that could be used against you. Posts, photos, or comments that downplay your injuries or suggest you are not as hurt as claimed can damage your case. To protect your legal rights, it is best to avoid discussing the situation on social media until your claim is fully resolved.
8. Track Your Expenses and Keep Detailed Records
Maintaining detailed records of your medical bills, lost wages, and other related expenses is essential for calculating the full value of your claim. Keep all receipts, invoices, and pay stubs, and document how the event has impacted your daily life. These records will help your attorney build a strong case for compensation that reflects not only your current expenses but also future medical care, lost earning capacity, and pain and suffering.
Contact Gilbert Adams Law Offices for a Free Consultation
The steps you take after a car crash in Texas can significantly impact the outcome of your personal injury claim. Gilbert Adams Law Offices is here to guide you through the process, ensuring that your rights are protected and that you receive the compensation you deserve. Our firm has been representing crash victims in Beaumont and across Texas for decades, and we are committed to providing personalized, results-driven representation. If you or a loved one has been injured in a car crash, contact us today at 409-835-3000 for a free consultation. Let our experience and dedication work for you.
