Car crashes remain one of the primary injury risks in our region. The Texas Department of Transportation (TxDOT) reports that approximately 30 people are hurt in motor vehicle collisions in the state every hour. Even safe, attentive drivers can still end up in a collision due to someone else’s negligence. Knowing what to do in the aftermath of a crash is a must. It is normal to feel stressed out and confused. A proactive approach is key. At Thornton Esquire Law Group, PLLC, we are ready to guide you through the claims process. Here, our Houston auto accident lawyer provides a step-by-step guide to what to do to protect your rights after a crash in Texas.
Step #1: Stop Your Vehicle and Stay at the Scene (Unless Medical Emergency)In Texas, car accident victims are required by law to stop their vehicle and remain at the scene. You should not leave the scene of a wreck before police arrive unless there is a medical emergency. It is a crime to flee the scene of a crash in Texas. Staying at the scene allows you to exchange necessary information, assist anyone who needs help, and comply with your legal responsibilities. Even in minor accidents, stopping and assessing the situation is always the right approach.
Caveat: Emergency medical needs are always the top priority. If you suffered a severe injury in an accident, you should accept an ambulance ride to the nearest hospital right away.
Step #2: Exchange Information With the Other Driver(s)Make sure that you exchange information with every other person who was involved in the crash. After ensuring safety, exchange contact and insurance information with all drivers involved. Obtain their name, phone number, driver’s license number, vehicle make and model, and license plate number. Also, ask for the name of their insurance company and policy number. If possible, take pictures of their driver’s license and insurance card. The more information that you have about the other motorists involved in the accident, the easier it will be to bring a legal claim.
Step #3: Report the Motor Vehicle Collision to Law EnforcementTexas law is clear: All crashes that result in physical injury (or significant property damage) should be reported to law enforcement. It is in your best interests to call the police and report the crash. You should contact the Houston Police Department or another state or local law enforcement agency. The responding law enforcement officer(s) will create an official accident report (CR-3 in Texas). The police report is a key piece of evidence for an insurance claim. If the police do not respond, you may need to file a crash report yourself through the Texas Department of Transportation (TxDOT). Make sure you request a copy of the police report.
Step #4: Seek Prompt Medical Attention for Any Physical InjuriesThere is nothing more important than your health and safety after a car crash. Your medical needs should always be the top priority. As noted previously, severe injuries require a trip to the nearest emergency room. They take precedence over everything else. Non-emergency injuries are also a very serious matter. Do not assume that you are “fine” or “not too bad” after a car crash in Houston or elsewhere in Southeast Texas. You may be far more seriously hurt than you think. You need to get yourself checked out by a doctor right away. There are no exceptions.
Personal Injury Legal Tip: You cannot bring a successful car accident injury claim in Texas unless you see a doctor. Without medical records, you will not be able to get financial compensation.
Step #5: Document the Scene of the Car CrashTexas is a fault-based motor vehicle accident state. The party who is deemed to be responsible for causing a crash through their negligence―whether speeding, distracted driving, or any other safety violation—can be held legally responsible for the resulting damage. Evidence is the key to proving fault in a car accident claim in Texas. You should try to gather as much evidence as possible at the scene of the accident. You should also try to take many photographs, including of the vehicle damage, road conditions, traffic signals, skid marks, and anything else deemed relevant to the incident. You should try capturing multiple angles of the crash site to provide a comprehensive view of the accident. The more evidence you have, the better your chances for justice.
Step #6: Notify Your Own Insurance Provider of the CollisionReport the accident to your insurance company as soon as possible. Even if your crash was caused by the negligence of another driver, it is still highly recommended that you notify your own insurance carrier. You likely have a legal duty to do so under the terms of your insurance policy. Further, you may be entitled to certain financial benefits through your coverage. By notifying your own insurance company, you will set yourself up for a smoother and less problematic legal claim.
Step #7: Consult With a Houston Car Crash Attorney Before an Insurance AdjusterCar accident injury claims are notoriously complex. Unfortunately, you simply cannot rely on any insurance adjuster—even a representative of your own company—to look out for your best interests after a crash. Insurance adjusters may try to minimize your claim or pressure you into accepting a low settlement. An experienced Houston car accident attorney can protect your rights. Let your attorney handle the correspondence and settlement negotiations with insurers.
Contact Our Houston Car Crash Attorney TodayAt Thornton Esquire Law Group, PLLC, our Houston auto accident attorney is skilled, experienced, and committed to fighting for justice. If you have any questions about the car accident claims process, we are more than ready to help. Call us at (888) 378-1784 or contact us online for a free, no-obligation case review. With a law office in Houston, we fight for the rights of car accident victims throughout all of Texas.