Are you wondering how to protect your rights after a wreck? A car accident can happen in seconds, but the consequences can last for months or even years. In the moments immediately following a crash, it can be difficult to know what to do. Your priority should always be safety and medical care, but the steps you take afterward can also affect your ability to pursue compensation.
If you have been injured in a Texas car accident, understanding what to do next can help protect your health, your evidence, and your legal rights.
-
Get to a Safe Location
If possible, move your vehicle out of traffic and turn on your hazard lights. If you or someone else has suffered a serious injury, avoid unnecessary movement and wait for emergency responders.
Texas law requires certain crashes to be reported to law enforcement, including collisions that result in injury, death, or property damage that appears to meet the statutory threshold. A law enforcement officer investigating a qualifying collision must prepare a written report.
-
Call 911 and Seek Medical Attention
Even if you feel fine at first, consider getting evaluated by a medical professional after a significant collision. Some injuries do not become obvious immediately. Adrenaline and shock can temporarily mask pain.
If emergency personnel recommend treatment, follow their instructions. Keep records of medical appointments, prescriptions, diagnostic testing, and other accident-related expenses.
Prompt medical attention also creates documentation connecting your injuries to the accident. If you delay treatment, an insurance company may argue that your injuries were unrelated to the crash or were not as serious as you claim.
-
Exchange Information
Get the other driver’s name, contact information, driver’s license information, insurance information, and vehicle information. If there are witnesses, ask for their names and contact information.
To best protect your rights, be careful about what you say at the scene. Cooperate with law enforcement, but avoid arguing with the other driver or making statements such as, “It was my fault” or “I’m sorry.” Even an innocent comment could later be taken out of context.
-
Document the Accident Scene
If you are physically able, take photographs or video of the vehicles, roadway, traffic signals, skid marks, debris, visible injuries, and surrounding area. Photograph vehicle damage from multiple angles. If weather, road conditions, construction, poor lighting, or another environmental factor may have contributed to the accident, document those conditions too.
Evidence can disappear quickly. Vehicles are repaired, skid marks fade, surveillance footage may be overwritten, and witnesses can become difficult to locate. Preserving evidence early can make a significant difference in a disputed accident claim.
-
Report the Accident to Your Insurance Company
You should generally notify your insurance carrier about the accident according to your policy terms. However, reporting an accident is different from giving an insurance company an unrestricted statement about who was responsible or the full extent of your injuries.
Insurance adjusters may ask questions about the collision, your injuries, and your medical history. Remember that an adjuster’s job is to evaluate the claim for the insurance company—not to act as your attorney.
Before giving a recorded statement or signing documents related to a significant injury claim, consider speaking with a Texas personal injury attorney.
-
Do Not Rush to Accept a Settlement
After an accident, an insurance company may make an early settlement offer. It can be tempting to accept money quickly, especially when medical bills are arriving, and you have missed work.
However, accepting a settlement generally means giving up the ability to pursue additional compensation for the same injuries. You may not yet know the full extent of your medical treatment, lost income, or other damages. Before accepting a settlement, make sure you understand what you are giving up by speaking with a lawyer.
-
Be Careful on Social Media
Avoid posting photographs, videos, or comments about your accident or injuries. Insurance companies may review publicly available social media information when evaluating claims. A photograph that appears harmless may be interpreted differently when presented outside its original context.
-
Contact a Personal Injury Lawyer to Protect Your Rights
Texas personal injury claims can involve questions about negligence, insurance coverage, evidence, and damages. In some cases, multiple drivers or other parties may share responsibility.
Texas law uses proportionate responsibility rules when determining how responsibility for an injury is allocated among parties. An attorney can investigate the crash, preserve evidence, communicate with insurance companies, evaluate potential claims, and explain your legal options.
Frequently Asked Questions
What should I do if the other driver does not have insurance?
You may still have options. Depending on your insurance policy, uninsured or underinsured motorist coverage may provide compensation for certain losses when the at-fault driver lacks sufficient insurance. An attorney can review the available insurance coverage and the circumstances of the accident.
How long do I have to file a Texas car accident lawsuit?
Texas generally provides a two-year statute of limitations for personal injury claims. However, exceptions and special rules can apply depending on the circumstances. Because waiting can affect evidence and your legal rights, it is best to have your potential claim evaluated as soon as possible.
Protect Your Rights After a Texas Car Accident
Have you been in a serious car accident? Do you need help recovering the compensation that you deserve? Our success for injured clients shows why hardworking Texans trust us to fight for them. At Allen & Nunnally, we pride ourselves on maintaining a high level of preparation and discipline, which stems from our time in the Marines. To schedule a free personal injury consultation with one of our Houston-based attorneys, email us at info@allen-nunnally.com, use our convenient Contact Form, or call (713) 955-2217.