Car accidents are overwhelming and frustrating events, and even relatively minor crashes can trigger immense stress. The steps you take in the immediate aftermath of the accident will affect your health and legal rights. Unfortunately, many victims make mistakes that could jeopardize both.
At Hernandez Sunosky, LLP, we fight for the justice that accident victims deserve. Learn more about the most common errors to avoid after being in a wreck.
Mistake 1: Failing to Call the Police to Report the Accident
Under Texas law, drivers involved in an accident causing injury or death must report it to local authorities. Not only should you call emergency services in Houston to comply with the law, you will want to have police generate an accident report for you. The accident report will contain basic details about the crash that you will need later.
For instance, your automobile insurance policy may require a report to expedite processing of your claim. And if you file a personal injury lawsuit, having the objective data contained in a police report will substantially benefit you.
But what if the driver and I agree not to involve the police?
This is common and may seem like a hassle-free way to handle the crash, especially if it’s minor. But there are some serious risks with this approach. To begin with, you won’t have a police report that your insurance may require for your claim.
Also, your injuries could later prove worse, and the absence of a report will make it more difficult to take legal action. Finally, the other driver could decide to blame you for the wreck and claim you caused it. Since there’s no report, establishing fault will be more difficult.
Mistake 2: Admitting Fault
This is the last thing that a Houston accident victim will want to do, because Texas is a fault state and an admission of liability will work against you. Anything you say at the scene, or later put into writing, or give to an insurance company in a recorded statement, could limit or nullify your available compensation.
Unfortunately, it’s easy to “admit” fault. Some accident victims instinctively apologize for the crash (which is not technically the same thing as apologizing for causing it, just that it happened) or start speculating as to how it occurred. Although it may sound insensitive, even expressing sorrow that the other person was hurt could be construed as an admission.
I think I caused the crash, so why not admit it?
You may genuinely believe that you were responsible, but you almost certainly don’t have all the facts to make that determination. The other driver may have been speeding, or intoxicated, or ran a stop sign. There may also be problems with your vehicle that contributed to the accident.
Texas law requires you to exchange insurance information after a crash. Beyond this, say as little as you possibly can except insofar as objective facts (e.g. identifying which car is yours).
Mistake 3: Not Seeking Medical Attention or Delaying Treatment
We can’t stress this enough: even if you feel fine after the accident, or you think it was minor, you need to see a Houston doctor. Some injuries like concussion or whiplash won’t show up right away, and failure to treat them could make these conditions worse. This will also create gaps in your medical history that the at-fault party will use against you.
The other side will attempt to cast doubt as to the cause of your injuries or blame you for aggravating them. But by seeking medical care, you create a direct link between the accident and your injuries. This makes your claim much stronger.
Don’t forget to follow your doctor’s advice
Seeing a doctor is the first step, but you need to return for check-ups, see any specialists to whom you are referred, and take the medicines you are prescribed. Do what your doctor says, keep notes about your condition, and call your doctor if anything gets worse. Sticking as close as possible to your doctor’s recommendations is the right decision.
Mistake 4: Failing to Document the Accident and Gather Evidence
Documenting the accident is important because Houston officials will eventually clean up the scene and remove valuable evidence. Although you may not be thinking of gathering evidence right after the accident, it can dramatically strengthen your case. Be sure to do the following:
- Take pictures and record videos: This includes not only the accident scene but your injuries, road conditions, and signals. Include pictures and videos from various angles and zooms and capture local landmarks (e.g. street signs) if you can.
- Get witness information: If there were any witnesses, get their names and contact information. You should ask for multiple witnesses, even if they all observed the same thing, since it may be harder to reach some witnesses than others at a later date.
- Make your own notes: Don’t forget to write down your own recollection of the accident, including the events leading up to and immediately after it. You should do so as soon as possible so you don’t forget key details.
What will my lawyer do with all this evidence?
You may worry that too many pictures, videos, and so forth will overwhelm your attorney, but lawyers generally prefer more rather than less evidence. Your attorney will compare what you have to police reports and eyewitness statements to see if everything lines up well (which makes your case even stronger). Your lawyer will use this evidence in depositions, mediation, and/or at trial.
Mistake 5: Communicating with Insurance Companies Without a Lawyer
The at-fault driver’s insurance company will likely contact you some time after the accident. You may receive:
- Letters and phone calls from adjusters
- Requests to give a recorded statement
- Waivers and medical releases to sign
- Settlement offers
- Questions and requests for information
You do not have to reply to these and it is strongly advised that you don’t. Insurance companies are not looking out for you, and they will use anything you say to try to underpay or deny your claim. Hire a knowledgeable Houston car accident lawyer and refer insurers to your lawyer.
What about my own insurance company?
You will need to file a claim with your own insurer, so be sure you read your policy about deadlines and procedures to do so. However, even your own insurer may try to work against you. Before talking with your insurance company, give us a call so we can assist you.
Call Us Today If You Were in a Houston Car Accident
Perhaps the worst mistake you can make is failing to hire a car crash lawyer who will fight for the monetary damages you deserve. Reach out today to Hernandez Sunosky, LLP and schedule your free consultation. We can go over your legal options and begin working on your car accident case.