Car accidents are not something anyone plans to get into, so it’s natural not to have a plan in place regarding what to do when one happens. Nevertheless, if someone rear-ends your car in Texas, there are a few things you need to know about and do in the aftermath of the accident.
What to Do Right After the Crash
The most important things to do in the minutes following the crash are as follows:
Check for Injuries
Before doing anything else, make sure you and your passengers (if any) are okay. Even if nothing hurts at the moment, pay attention to how you feel as time goes on. Neck and back injuries from rear-end crashes sometimes don’t begin to manifest until after the adrenaline and shock of the accident wear off.
Get to Safety
Move your car to a safe place (but not too far from the scene) to ensure it isn’t obstructing traffic. If you can’t do so, stay in your vehicle until help arrives and turn on your hazard lights to let other drivers know there’s been an accident.
Call the Police
Texas law requires you to report any accident that causes injuries or significant property damage. That doesn’t mean you should neglect small crashes either, though. A police report helps immensely when dealing with insurance companies, as it acts as an official record of the crash.
Record What You Can
Gathering evidence and other important details is vital, as it will form the basis of your case. First, take as many photos and videos as you can of the following:
- Damage to all vehicles involved
- The entire accident scene, including the road’s condition
- Any visible injuries
- Nearby traffic signs and signals
Photos provide clear evidence of what happened and can help prevent disputes later about who caused the crash or how bad the damage was.
Exchange Information with the Other Driver
You need to gather the following details from the other driver:
- Full name and phone number
- Home address
- Driver’s license number
- License plate number
- Car make and model
- Insurance company and policy number
At the same time, give them your information as well. If they refuse to share details or don’t have insurance, wait for the police to help handle the situation.
Look for Witnesses
If anyone saw the accident occur, ask for their contact information as well. Independent witnesses can provide valuable accounts if there’s later disagreement about what happened.
See a Doctor
Because injuries like whiplash and soft tissue damage often don’t show symptoms right away but can cause serious pain days later, getting checked up as soon as possible is crucial. Doing so also creates a medical record linking any injuries to the accident.
If your doctor recommends treatment, follow his or her instructions to the letter. That will not only help you heal faster but also create documentation that can support any injury claims, such as:
- Medical bills and records
- Repair estimates and receipts
- Notes about missed workdays
- Records of any activities you couldn’t do because of injuries
Saving all the paperwork related to the accident and your care is vital, as these records will help display the full impact the accident had on your life and finances.
Contact Your Insurance Company
Report the accident to your insurance company right away, but make sure you stick to just the facts. Don’t make guesses about fault or downplay any injuries. In Texas, the driver who caused the accident (generally the one who hit you from behind) will be responsible for paying damages.
Be Careful with the Other Driver’s Insurer
The other driver’s insurance may contact you with a quick settlement offer, but you must exercise caution, as early offers are usually much lower than what you truly deserve. And once you accept an offer, you often are not able to ask for more compensation later, even if new problems arise.
Consider Getting Legal Help
Above all, whether you have significant injuries, major medical bills, or issues with insurance companies, talking to a lawyer who knows Texas accident law is arguably your best course of action.
He or she can take care of the following:
- Handling talks with insurance companies
- Making sure you get fair payment for your injuries and car damage
- Guiding you through legal steps if you need to file a lawsuit
Texas also follows a modified comparative fault rule, which states that if the other driver’s insurance can argue that you somehow contributed to the accident, they can lower the amount you receive in damages.
The trick, therefore, is to act fast, make a plan, and get legal help as soon as you can.
Nelson J. Roach is a partner at the Roach Law Firm in Daingerfield, Texas. Over the last 30 years, Nelson has represented thousands of clients in many groundbreaking cases. Read more…
