Being involved in a car accident can be an overwhelming experience. In the midst of shock and confusion, knowing the right steps to take can make a significant difference in protecting your health, legal rights, and financial future. If you have been in a car accident in Texas, this comprehensive guide will walk you through exactly what to do.
Immediate Actions: Prioritizing Safety and Health
1. Stop and Assess the Situation
Texas law requires all drivers involved in an accident to stop immediately. Failing to do so could result in serious criminal charges, especially if there are injuries.
2. Check for Injuries
Before anything else, check yourself and your passengers for injuries. Even minor accidents can cause serious injuries that are not immediately apparent.
3. Call 911
Contact emergency services right away if:
- Anyone is injured
- Vehicles are blocking traffic
- There appears to be significant property damage (over $1,000.00)
In Texas, accidents involving injuries or deaths legally require police notification. Even for minor accidents, having an official police report will be invaluable for insurance claims and potential legal action.
4. Move to Safety
If possible and safe to do so, move vehicles out of traffic to prevent further accidents. Turn on hazard lights and set up emergency triangles or flares if available.
5. Seek Medical Attention
Always get a medical evaluation after an accident, even if you feel fine. Some serious injuries, including whiplash, concussions, and internal injuries, may not show symptoms immediately. Delayed medical care can not only jeopardize your health but also complicate your insurance claim.
Gathering Evidence: Protecting Your Legal Rights
1. Exchange Information
Collect the following from all drivers involved:
- Full name and contact information
- Insurance company and policy number
- Driver’s license number
- License plate number
- Vehicle make, model, and year
- VIN number
2. Document the Scene
Use your smartphone to take detailed photos of:
- Damage to all vehicles from multiple angles
- The entire accident scene, including road conditions
- Visible injuries
- Traffic signs or signals
- Skid marks or debris
- Weather conditions
3. Identify Witnesses
If anyone witnessed your accident, ask for their contact information. Independent witness testimony can be crucial for establishing what happened.
4. Obtain the Police Report
Ask the responding officer how to obtain a copy of the police report. In Texas, these are typically available 7-10 days after the accident.
Dealing with Insurance Companies: Protecting Your Claim
1. Decline Recorded Statements
Do not give a recorded statement to any insurance company without legal representation. Insurance adjusters are trained to ask questions that may lead you to inadvertently admit fault or minimize your injuries. These statements can significantly damage your claim.
2. Be Cautious About Early Settlement Offers
Insurance companies often make quick, lowball settlement offers before you fully understand the extent of your injuries or damages. These early offers rarely account for long-term medical needs, lost wages, or pain and suffering.
Understanding Texas Insurance Laws
Texas is an “At-Fault” State
Texas follows a “modified comparative fault” system, meaning:
- The driver responsible for causing the accident is liable for damages
- You can recover damages even if you were partially at fault, as long as you were not more than 51% responsible
- Your compensation may be reduced by your percentage of fault
Minimum Insurance Requirements
All Texas drivers must carry minimum liability coverage of:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $25,000 for property damage
However, these minimums are often insufficient for serious accidents. Additional coverage like Personal Injury Protection (PIP) or Uninsured/Underinsured Motorist coverage can provide crucial protection. This type of coverage would come from your insurance policy.
When to Seek Legal Representation
Always consider consulting with an attorney especially if:
- There are any injuries requiring ongoing medical treatment
- The accident resulted in fatalities
- Fault is disputed
- Multiple parties are involved
- The insurance company is delaying, denying, or undervaluing your claim
- You are being pressured to accept a settlement
How The Kashar Law Firm, P.C. Can Help
At The Kashar Law Firm, P.C., we understand the physical, emotional, and financial toll a car accident can take. Our experienced attorneys can:
- Conduct a thorough investigation of your accident
- Gather and preserve critical evidence
- Handle all communications with insurance companies
- Accurately calculate the full value of your claim, including future medical expenses and lost earnings
- Negotiate aggressively for maximum compensation
- Take your case to trial if necessary
Our firm works on a contingency fee basis, meaning you pay nothing unless we win your case. This allows you to focus on recovery while we handle the legal complexities.
Time Limitations for Filing Claims
In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. Failing to file within this timeframe can permanently bar your right to compensation.
Contact The Kashar Law Firm, P.C. Today
If you or a loved one has been injured in a car accident in Texas, do not face the aftermath alone. Contact The Kashar Law Firm, P.C. for a free, no-obligation consultation to understand your rights and options.
Our dedicated team is available 24/7 to answer your questions and provide the guidance you need during this challenging time. Remember, the steps you take immediately after an accident can significantly impact your physical recovery and financial future. Let us help you navigate the path forward.