Immediately after a car accident, you’ll be faced with a potentially overwhelming situation and the question of how you should respond. You want to start by making sure that everyone in your vehicle is okay and refrain from getting into an altercation with the other driver. If you are ever in an accident, here are some things you should do (and avoid doing) to ensure that everyone is safe and you get the compensation you deserve.
What Causes a Car Accident?
Depending on the situation, you might have to prove different things to win your case. Was the other party under the influence of drugs or alcohol? Was the road poorly maintained? Did someone violate a traffic law? All the different situations can be endless. Naturally, you are unsure of what questions to ask. This is where a personal injury attorney comes in. A lawyer can help you figure out what steps you need to take to prove your case for your unique situation. Regardless of the situation, there are some things you need to accomplish before leaving the scene.
- Seek medical attention if necessary.
- Help anyone else that might be injured.
- Call the police.
- Gather information about all the parties involved.
- Take pictures of anything that might help your case.
- Call a personal injury lawyer with experience in car accidents.
Call the Police and an Ambulance if Needed
If people are injured, call 911 as soon as possible. Let them know what happened and they will send out a police car as well as an ambulance or fire truck if needed. At the bare minimum, you should ask for a police vehicle to come out and help you. The police station files reports and makes sure that no criminal activity has happened. San Antonio police cruisers are trained to handle such accidents, and it is always best to call 911 right away.
Trade Insurance Information
This is where your insurance card comes into play. If you don’t have insurance, you might face some legal problems, but if you do, then you should swap this information with the other driver. When you get home, call your insurance company and make sure that you are covered for this type of accident. Go through your entire insurance plan if the insurance company states that you are not covered. There have been plenty of times when insurance companies wrongfully deny claims to make more money.
Contact a Personal Injury Lawyer
Personal injury lawyers will help ensure that you get the compensation you deserve for being injured as a result of someone else’s negligence. If you believe that someone else was a cause of this car accident, make sure to contact an injury attorney in your city who is well-versed in local statutes and laws. Our San Antonio car accident lawyers are always ready to hear about your case in a free legal consultation.
Don’t Trust The Other Driver
After an accident, the other driver might want to avoid calling the police. They might be afraid of getting a ticket or be concerned that their insurance premiums will go up. If this is the case, the at-fault driver might offer to pay for your damages out of their pocket. But his “arrangement” doesn’t work out well. You end up with very little proof about what happened during the accident and can end up getting nothing in terms of compensation. Additionally, it is illegal in Texas to not call the police after an accident that results in personal property damage of $1,000 or more.
Don’t Wait To See The Doctor
Accidents are often traumatic, and injuries might not be readily apparent. This doesn’t mean you don’t have any injuries. If you are having symptoms after a car crash, visit your doctor. Even if your injuries end up being minor, it’s best to be safe. The last thing you want is a minor injury getting worse because it wasn’t treated in time. Getting prompt medical attention will also help prove that your injuries were a result of the accident.
Don’t Talk to The Insurance Company
After an accident, you should get a lawyer as soon as possible. The insurance companies will be fighting to get a statement from you. It might seem like they are trying to be proactive and take care of you, but don’t let that fool you. Insurance companies make their money by settling with victims for the lowest amount possible. They will use anything you say to justify a low settlement. If you hire a lawyer, you can direct all contact to them. Your lawyer will be able to handle everything from there and ensure you get the maximum amount for your injuries.
Proving Negligence
To win your case, you will have to prove that the other party was negligent. In the state of Texas, your attorney will have to prove the defendant owes you a “duty of care.” In the case of car accidents, all drivers owe each other a duty of care. This includes obeying traffic laws, avoiding accidents, and so on.
The next thing to prove is that the defendant breached his/her duty of care. Let’s say the defendant was speeding or texting while driving. Your attorney can make the case that the defendant violated his/her obligation by performing these actions. However, you might not always end up suing the other driver. If the roads were unmaintained for example, you might sue the city or country responsible for maintaining the road. This is because the country violated its duty to protect others by allowing the road to be driven on in hazardous conditions.
The last step is proving that you have damages. This can be anything from your car being total to lost wages or medical bills. However, you have to be able to show these damages. So, if you were physically injured, make sure you seek medical care. Not only is it important to make sure you are in good health, but it will help your case. Remember to document everything. Every detail you have helps your case.
Injured in San Antonio? Contact The Texas Law Guns
Have you or a loved one been in a serious car crash and suffered injuries? If so, you should contact an experienced personal injury attorney. The San Antonio car accident attorneys at Texas Law Guns, Injury & Accident Lawyers will fight for the compensation you deserve. Call or contact us via our website to schedule your complimentary case evaluation.
Alexander Begum has tried over 50 trials to verdict and tried or settled over $500 million in cases. Alex is a founding shareholder of the Texas Law Gun, Injury and Accident Lawyers.