A car accident can happen in seconds, but the consequences may affect you for weeks, months, or longer. In the confusion immediately following a crash, knowing what to do can help protect your health, preserve important evidence, and safeguard your legal rights.
If another driver’s negligence caused your accident, you may be entitled to pursue compensation for medical expenses, lost income, property damage, pain and suffering, and other losses. However, what you do immediately after the collision can affect a future insurance claim or personal injury case.
McGilberry & Shirer LLP has more than 60 years of combined experience and has represented more than 10,000 personal injury victims. If you want a Dallas car accident lawyer, consider these important steps.
Your first priority after a car accident should be safety.
Check yourself and your passengers for injuries. If anyone appears seriously injured, call 911 and request emergency medical assistance.
Avoid moving someone who appears to have a serious neck, back, or head injury unless leaving the person in place would expose them to an immediate danger.
Some injuries are obvious immediately. Others may not produce noticeable symptoms until hours or even days later. Adrenaline following a crash can also make it difficult to recognize pain and other symptoms.
Even if you initially believe you are okay, pay attention to how you feel after leaving the accident scene.
If the vehicles can safely be moved and doing so is appropriate under the circumstances, move them away from active traffic.
Turn on your hazard lights and remain aware of surrounding vehicles.
Dallas highways and major roads can be extremely busy, and remaining in an active traffic lane can increase the possibility of a secondary collision.
If the vehicle cannot be moved safely, remain in a safe location and wait for emergency responders.
Contact law enforcement after a serious accident, particularly when someone is injured, vehicles have significant damage, or there is disagreement about what happened.
A responding officer can investigate the accident scene, speak with drivers and witnesses, document relevant information, and prepare a crash report.
That documentation can become important later when insurance companies evaluate the accident.
When speaking with police, provide accurate information about what occurred. Avoid guessing about details you don’t know.
Obtain important information from every driver involved in the accident.
This should generally include:
If the driver is operating a company-owned vehicle, obtain the employer or business name when possible.
Keep the interaction calm and focused on exchanging necessary information.
If you are physically able to do so safely, document the accident before vehicles are moved or evidence disappears.
Use your phone to photograph or record:
Take photographs from several angles and distances.
These images may help establish how the accident occurred and the severity of the collision. Evidence that seems unimportant immediately after an accident can become significant when an insurance company later disputes how the crash happened.
Independent witnesses can be extremely valuable in a disputed car accident claim.
If someone saw the crash, ask for the person’s name and contact information.
Do not assume the police report will contain information from every witness.
A witness may be able to describe which driver had the right of way, whether someone ran a red light, how fast a vehicle appeared to be traveling, or what happened immediately before impact.
Obtaining contact information gives your attorney an opportunity to follow up if the witness’s account becomes important.
The minutes following an accident can be emotional and confusing.
Avoid making statements about who caused the collision until the facts have been investigated.
You may not have seen everything that contributed to the crash. Another driver’s distraction, speeding, unsafe lane change, or other conduct may not be immediately apparent.
Stick to the facts when communicating with law enforcement and other people at the scene.
If you are injured or experiencing symptoms after an accident, seek appropriate medical attention.
Car crashes can cause injuries involving the neck, back, head, shoulders, knees, and other areas of the body. Symptoms may include pain, stiffness, headaches, dizziness, numbness, weakness, or limited mobility.
Prompt medical evaluation is important for your health. Medical records may also help document the relationship between your injuries and the accident.
Follow your healthcare provider’s recommendations and attend follow-up appointments. Gaps in treatment can potentially become an issue when an insurance company evaluates an injury claim.
Report the accident to your insurance carrier as required by your policy.
Provide accurate basic information, but remember that the full extent of your injuries may not yet be known immediately following the accident.
You may also be contacted by the other driver’s insurance company.
Insurance adjusters investigate claims on behalf of insurance companies. Before providing detailed statements, signing documents, or accepting a settlement, consider speaking with a Dallas personal injury attorney about your rights.
A personal injury claim can involve much more than the initial emergency room bill.
Create a file containing documentation related to the accident, including:
You may also want to document how your injuries affect your daily activities.
Good recordkeeping can make it easier to demonstrate the financial and personal impact of the accident.
An early settlement offer can be tempting, particularly when medical bills are arriving and you are missing work.
However, settling a personal injury claim generally means giving up the right to pursue additional compensation related to that claim.
Before accepting an offer, it is important to understand the extent of your injuries, anticipated medical treatment, lost income, and other damages.
An offer that appears reasonable immediately after an accident may not account for future treatment or the complete effect of a serious injury.
You are not required to handle a serious accident claim by yourself.
A personal injury attorney can investigate the collision, review available evidence, communicate with insurance companies, evaluate damages, and help you understand your legal options.
Legal representation can be particularly important when:
Texas also imposes deadlines on personal injury lawsuits. Waiting too long to investigate your case can result in evidence being lost and, in some circumstances, the loss of your ability to pursue a legal claim.
Every accident is different, and compensation depends on the specific facts of the case.
Depending on the circumstances, an injured person may potentially pursue compensation for losses such as medical expenses, future medical care, lost wages, reduced earning capacity, property damage, physical pain, and other legally recoverable damages.
Cases involving fatal accidents may also result in wrongful death claims by qualifying family members.
An attorney can review the circumstances and explain which damages may apply to a particular case.
The hours and days following a car accident can have a significant impact on what happens next.
Prioritize your safety, report the accident, document the scene, seek appropriate medical care, preserve important records, and be cautious when dealing with insurance companies.
Most importantly, don’t assume you have to understand the legal process on your own.
McGilberry & Shirer LLP has more than 60 years of combined experience representing personal injury victims. The firm handles automobile, truck, bicycle, and motorcycle accidents, as well as wrongful death and premises liability matters.
This article is provided for general informational purposes only and does not constitute legal advice. Every case is different, and past results do not guarantee future outcomes.
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