1) Call the Police and Request an Accident Report.
First and foremost, always call the police and get the responding officer to complete an accident report, even if you think one is unnecessary. Far too often, we meet clients who, for one reason or another, decide to work it out between themselves and the other driver without the assistance of an outside third party. Sometimes, this can result in the liable party changing stories, and without the aid of an accident report, it comes down to one person’s word against the other. Even though calling and waiting for the police is inconvenient and time-consuming, sometimes it is mandatory. In fact, Texas law requires you to report certain accidents, including those involving bodily injury or involving damage to a vehicle to the extent that it cannot be normally and safely driven. So before continuing on your way, call the police.
2) Consider Calling for an Ambulance.
Your health is of paramount importance. Granted, the cost of going to the emergency room is steep, and ambulance bills are often several hundreds of dollars. But if your injuries are severe and you need urgent medical attention, take care of yourself first. If you are bleeding profusely, you do not have the time to look for eyewitnesses or take notes about the other driver.
3) Keep Your Cool.
Car accidents are nerve-racking experiences. This can compromise your judgment, and you can make poor decisions. If you follow this general tip, you will be less likely to make mistakes that could hurt your case down the line. If you aware rational about your situation and realize that you need to calm down and be objective, you will be doing yourself a big favor.
4) Get All the Information from the Other Driver You Reasonably Can.
Typically, an accident results in both drivers exiting from their vehicles, exchanging insurance, and moving on. Just trading insurance information can be risky. First, if you end up having to file a lawsuit and the information is in some way unreliable, it can be difficult to track down the other driver. Get a name and ask to see their driver’s license. If you followed step 1 and obtained an accident report, this will document just about everything you will need. Also note what the driver was doing. Was he/she on their cell phone? Did they have food in the car? Did they appear intoxicated? Were they in a hurry? These are all questions that become more and more difficult to answer as time goes by. So noting them now will help you later.
5) Watch What You Say!
Everyone says foolish things from time to time, particularly in stressful situations (see point number 3). If you apologize or deny it was the other driver’s responsibility, those statements could potentially be admissible down the road. Although the Texas Rules of Evidence protect against the admission of hearsay, there are exceptions where one person’s admission of liability or offer to pay for medical assistance may, in certain circumstances, be admitted in court.
6) Try to Find Eyewitnesses.
You never know when you may need someone to corroborate your side of the story, especially when the other driver denies fault. Although this can be an awkward process, you may be surprised by the kindness of others, as people are often more than happy to give their name and number and even write a brief statement indicating what happened. This can also help reduce the chances of going to court; if the other driver’s insurance realizes they have to fight not one but several individuals, they may be more inclined to settle without the need for litigation.
7) Wait Before You Decide That You Are Injury-Free.
Car accidents do not always involve immediate, life-threatening injuries. Frequently, motorists will be involved in an accident, feel fine, and then start noticing symptoms that night or the next day. This is because many accidents involve soft-tissue injuries, which are not immediately visible to the naked eye. For this reason, if you begin developing pain, you should carefully consider seeing your doctor before dismissing it as a fluke occurrence.
8) If Possible, Make Notes of What Transpired After the Event.
The sooner you can take notes of what happened, the better. If you have life-threatening injuries that require urgent medical care, you will not have time to take notes of what happened. But when you can, taking notes can be essential to your case. Litigation can take years, and over the course of time, memory fades and people forget the details. By keeping a journal of what took place, you can help yourself recollect what transpired when those details become important later.
9) Keep Records of All Your Bills and Other Paperwork.
Documenting pharmacy receipts, medical records, and vehicle repair work can be invaluable to bolstering your case should litigation occur. Although your attorney will eventually need to authenticate these records, you can start early and do your part to assist the attorney do his or her job. Get a file folder and keep everything related to the accident in there. Staying organized essential to protecting your rights; your attorney knows!
10) Talk to an Attorney Before Signing Anything.
When offered a check to pay your medical expenses, it can be tempting to simply cash it and move on. However, you should be careful not to sign away your rights for the sake of quick cash, particularly when the extent of your injuries may be unknown. As noted in point 7, soft-tissue injuries can take years, and may never fully heal. Therefore, you should take care to talk to a professional before signing anything. Move quickly to find an attorney who is willing to discuss your situation. There are many qualified attorneys out there who are willing to help. Take advantage of those resources, that is what they are there for.
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