Car accidents can have serious consequences, even for safe drivers. According to the Texas Department of Transportation, the fatality rate on Texas roadways increased by 4.17% from 2020 to 2021. This equates to a death toll of 4,489 people a year, a 15.22% increase from the year before. Every single day in 2021, someone lost their life on a Texas roadway. Based on crash data, one person died every two hours due to a traffic crash.
Car accidents also carry a high risk of causing severe injury. In 2021, 19,448 people in Texas sustained serious, incapacitating injuries due to a traffic crash. An astounding one person was injured nearly every two minutes. Aside from motor vehicle drivers and passengers, pedestrians and bicyclists were victims of traffic crashes as well. Therefore, knowing your rights and what to do after a car accident is important.
What To Do After a Car Accident
The scene of a traffic crash can be chaotic and traumatic. You may be shocked and confused. If you have been involved in a car accident, stay calm and act accordingly to protect your legal rights.
1. Call Emergency Assistance
It is essential to call 911 for emergency assistance immediately. It is the law in most states that car accidents must be reported. In addition, 911 operators will dispatch emergency medical personnel to attend to any injured parties as well as police to ensure the safety of everyone involved. You will need the police to record evidence and determine if the other driver committed a traffic or driving under the influence offense.
2. Exchange Insurance Information
The next step is to exchange insurance information with the other driver. This will guarantee that any medical expenses will be taken care of and that parties involved can get treatment without delay. If the other driver is too severely injured, you may have to rely on the police to source this information later. Sometimes, you may be faced with an uninsured driver. In these cases, contact your lawyer immediately.
3. Inform Your Insurance
You should inform your insurance company about the accident even if you were not at fault for the accident and the other driver has already contacted their insurance provider. This is because, in some cases, the insurance coverage of the other driver may not be enough to cover your medical or property damage expenses. Timely reporting will allow you to use certain coverage from your own insurance to make up for the difference.
4. Collect Evidence
If you are fit enough to move around, take multiple photographs of the crash scene. Take pictures that show the entire scene and some close-up shots of the vehicles and their damaged areas. If you or your passengers have visible injuries, document the injuries too. You should also gather the contact details of any bystanders who witnessed the crash and may be able to corroborate your version of the events.
When to Call An Attorney
After an accident, you should contact a reputable car accident attorney as soon as possible. An attorney will protect your rights and ensure that all investigative and insurance processes proceed as they should.
Other Driver Is Uninsured
One in five vehicles in Texas is uninsured. If the driver of the other vehicle is uninsured or attempts to give you a cash payment for compensation, be sure to call your lawyer immediately. Medical expenses and loss of income can add up as you undergo treatment for your injuries and you will need a lawyer to seek the proper compensation from the other party through a personal injury lawsuit.
Fault Is Disputed
The other driver may dispute your version of events and deny that they were at fault. They also may accuse you of being negligent. Whatever the case, you need an accomplished car accident lawyer to support your claim and recover your losses. Even if you were partially at fault, Texas has a 51% modified comparative fault law that allows your lawyer to demand some compensation.
Insurance Payment Is Inadequate
Insurance compensation should cover a variety of consequences from the accident including medical treatment, property damage, lost wages, pain and suffering, loss of enjoyment of life, and trauma. Often, insurance companies will pressure you to accept a lower settlement amount or use unscrupulous tactics to delay your claim. A car accident attorney will deal with the insurance companies and ensure that you get the payout you deserve.
A Commercial Vehicle Was Involved
If the driver of the at-fault vehicle was driving a commercial vehicle in the capacity of an employee at the time of the accident, the company may be held liable for their negligent actions. This can be helpful if you have suffered a significant financial or quality of life loss that was not adequately compensated by insurance. An attorney can assist you in filing a claim against the driver’s company so that you can secure additional compensation.
Car accidents affect more than just the cars. Even if you have not encountered any of the above situations, it may be a prudent decision to consult with a car accident lawyer. An experienced car accident attorney will protect your rights and fight for you to receive your justified compensation.