What should I do if I’m in an automobile accident?
In Texas, you have legal obligations anytime you are involved in an automobile accident to stop immediately and pull up as close to the accident as possible without obstructing traffic. You are required to render aid to anyone who is injured if you are in an accident even if you are not the cause of the accident and injuries.
Call 911 to ask for medical help and let the police know if there is injury or property damage. You will need to provide your information to the other driver, including your name, contact details, registration information, and insurance policy information.
Texas law also requires you to file an accident report within ten days of an accident so make sure you collect enough information.
How is it determined who is at fault?
To help prove who was the cause of the accident, you should collect physical evidence, including pictures of the area and your vehicles. You should also collect the names and phone numbers of any possible witnesses.
Medical records will give evidence as to how the accident happened.In some cases, the police or another interested party will bring in an accident reconstructionist who will be able to use measurements and other tools to figure out exactly what happened.
If you can prove that the accident was caused because the other driver violated Texas traffic laws, it will substantially help your case. Other causes of accidents might be recklessness or distracted driving.
When the other party admits fault it is sometimes possible to resolve your case with a reasonable settlement offer. However, sometimes the other party does not want to admit fault or wants to deny the extent of your damages. If you cannot reach a settlement with the other party or parties, you may end up going to trial where a judge or jury will decide who was at fault during the accident.
What if I am partly to blame, but the other driver is more to blame?
Some jurisdictions say that if a driver had any fault at all in an accident he cannot recover any damages. Texas uses a modified comparative fault rule so you may be able to recover some of your damages, just not 100%. For instance, if it is determined that you were 10% responsible for the accident and the damages were $100, you could collect the $90.
If you have been in an accident, you should get checked out by a doctor. Even if you do not initially feel hurt, some injuries don’t show up right away. When you explain how the accident occurred to a doctor, he can help you assess what kind of injuries you might have.
It is important that you do not stop treatment until you are absolutely sure that you have made a full recovery. Even if you do not have the money to pay up front, you need to keep taking care of yourself so that you can get better. A personal injury attorney he can help make sure you are able to get the care you need.
Do I need to see a doctor even if I don’t feel like I’m injured?
What if I was injured but I’m the passenger?
Even if you were not operating the vehicle yourself, you should visit a doctor to make sure you are not injured.Your car insurance will cover your medical expenses.
If you were injured as a result of the accident, you may be able to recover damages from the person who caused the accident. This is true even if the person who caused the accident was the driver of the vehicle you were in. It may seem awkward if the driver was a friend or relative but you have a right to proper care if you were injured as a result of someone else’s carelessness.
What should I do if the other driver leaves?
Any driver who leaves the scene of the accident risks possible punishments, including license suspension. If the other driver leaves, you need to stay where you are and call 911 so you don’t violate the law yourself.
If for any reason that is not possible, you should go to a police department where you can make a report and fill out the proper paperwork.
Do I need a lawyer if I’ve been in a car accident?
Even if you are not sure, it doesn’t hurt to consult a car accident attorney to see if you are eligible for compensation. If you are, your attorney can make sure your rights are protected and you don’t miss deadlines which compromise your claim.