Texas is an at-fault state. This means, if you cause the accident, you are responsible for the repair costs, medical expenses, and other damages. However, it’s not always so easy to get the guilty party to step up to the plate.
The driver may hesitate because they have no or inadequate insurance. He or she may have many accidents on their record and might be afraid of a rate hike or a cancellation of coverage.
The driver may have even be drinking and driving. This is why you need a car accident lawyer.
Just because a driver does not want to be held responsible, doesn’t mean they can walk away scot-free.
What Do You Do After A Car Accident?
The first thing you do is check to see if anyone is hurt. If anyone is hurt, call for an ambulance. Even if the injury doesn’t “seem” bad, it could be. The jarring notion of a car in motion colliding with another car can do internal damage. It may not be evident immediately and the adrenalin you feel may allow you to not notice. But when everything settles, you could find you have injuries.
Make sure to exchange insurance and personal information. Take a photo of the other driver’s car, damages, license plate, and if possible the driver of the car.
Call the police. Let the officer come to the scene and assist you. They will make a report of what they see, and that will go a long way in winning your case.
Take pictures. If you are unable, ask someone else to take pictures. Show all angles of the accident. Make sure to include road signs and other landmarks that will prove your position.
Get contact information from any witnesses. If someone saw what happened, get their info. If it is too much to write down, video them giving a statement and ask for their name and phone number as you record it.
Time Is Not Your Friend
The insurance company may offer you a settlement. If you cannot come to an agreement on the settlement, you will have to sue them. This has to be done within 2-years of the accident. Your car accident attorney will ask for damages that include:
- Damages to your car
- Medical expenses
- Pain and suffering
- Loss of present, past, or future wages
Your attorney must work with your doctors to estimate how long your recovery will take or if you have permanent injuries or issues. You may be partially at fault and that can adjust the amount of your settlement.
You may also be entitled to collect for any special medical equipment you had to purchase or the costs of bringing in help for you and your family while you were recovering.
There are many things that can affect your settlement. Your attorney is skilled at making sure you get all the money you are entitled to.
Calling an attorney as soon as possible will work in your favor. This will ensure that valuable and pertinent information is not overlooked. Since this is not personal for an attorney, your lawyer is in a better place to fight for you than you are. Before you give a statement to anyone, contact a car accident attorney.
