What Legal Steps Should I Take After a Car Wreck?

Experiencing a car wreck can be a traumatic and confusing event, but knowing the appropriate legal steps to take immediately afterward can protect your rights and facilitate any future claims. Consider the following advice from a San Antonio car wreck attorney on what to do.

What Legal Steps Should I Take After a Car Wreck in San Antonio?

1. Contact Law Enforcement

Regardless of the severity of the accident, contact the police. In Texas, filing a police report is mandatory if there are injuries, fatalities, or significant property damage; but even if there isn’t, it’s always in your best interests. The responding officers will create an official accident report, and you’ll need this for both legal and insurance claims.

This document includes details about the parties involved, witness statements, and the officer’s assessment of the incident. That assessment isn’t the final word, but it has a lot of influence on insurance companies and the courts.

2. Exchange Information

After ensuring everyone’s safety and contacting law enforcement, exchange pertinent information with the other driver(s) involved. Obtain their full name, contact details, driver’s license number, and insurance information, and be sure to give all this information yourself. Be courteous but cautious during this interaction.

Avoid discussing fault or making any statements that could be construed as admissions of guilt, and never accept another driver’s offer of cash on the spot to let them drive away. You have no idea what your medical and car repair expenses will ultimately be.

3. Document the Scene

Use your smartphone to take clear photographs of vehicle damage, road conditions, traffic signs, and any visible injuries. Get close-up and panoramic shots, but don’t take photos of the other driver unless they’re ok with it. If there are witnesses, politely ask for their contact information and see if they are willing to provide a statement.
If you’re up to it, jot down some notes about the circumstances leading up to the accident, weather conditions, and your immediate thoughts. This information can help reconstruct the event, and your immediate memories will likely be more accurate than if you try to recall what happened days later.

4. Avoid Admitting Fault

Emotions can run high in these situations, and it’s natural to feel the urge to apologize or accept blame, especially in a state like Texas, where hospitality and politeness are so important. Resist this urge. Texas follows a “modified comparative negligence” system, meaning your compensation can be reduced or even eliminated based on your degree of fault in the accident. If you’re found 51% or more at fault, you aren’t allowed to collect at all, and you’ll lose 1% of your compensation for every 1% you are at fault at 50% or under.

Think about that. If the other party is found 51% at fault and you 49%, you can only collect 51% of your total losses.

Even seemingly innocuous statements can be interpreted as admissions of guilt by insurance companies or in court. Stick to the facts when speaking with the other parties involved, law enforcement, and insurance representatives, and if anyone is pressing you, refer them to your San Antonio car wreck attorney right away. Sign nothing without talking to your lawyer.

5. Notify Your Insurance Company

As soon as it’s practical, inform your insurance company about the accident. Texas law requires drivers to report accidents to their insurers promptly, so provide them with accurate and detailed information, but be cautious and don’t speculate or admit fault. You should also contact the insurance company of the at-fault driver and ask how to initiate a claim.

6. Seek Medical Evaluation

If you are badly hurt in the accident, much of the above advice won’t apply because you’ll need to get to the hospital as soon as possible and won’t be able to stop to take pictures or exchange info. But even if you feel uninjured, get a medical examination as soon as possible.

Certain injuries – including some serious ones – don’t show up with immediate symptoms. You’ll also need your records as you pursue compensation for injuries sustained in a car accident. Delaying medical attention can jeopardize your health and weaken your legal claim as it allows the opposing parties to argue that your injuries were not caused by the accident.

7. Consult a San Antonio Car Wreck Attorney

Engaging a qualified attorney with experience in Texas personal injury law and the local court system will greatly improve your chances of getting a fair outcome. Your lawyer will understand state laws and how they apply, handle communications with the insurance companies, and advocate on your behalf. They can also assist in gathering evidence, interpreting police reports, and negotiating settlements.

8. Preserve All Evidence

Maintaining careful records related to the accident is going to be important for any legal proceedings. Keep copies of all documents, including medical bills, repair estimates, police reports, and correspondence with insurance companies. Journal your recovery process, detailing your pain, medical appointments, and the impact the injuries have had on your daily life.

9. Be Cautious with Insurance Adjusters

Insurance adjusters may contact you soon after the accident to discuss the details and potentially offer you a settlement. While they may appear friendly and sympathetic, their primary goal is to protect the insurance company’s interests, which are fundamentally at odds with yours.

Any statements you make can be used to reduce or deny your claim, so consult with your attorney before providing any recorded statements or accepting any settlement offers. An attorney can guide you on how to communicate effectively without jeopardizing your legal position.

10. Stay Off Social Media

In today’s digital age, it’s tempting to share life events on social media platforms. Insurance companies and opposing legal teams often monitor social media accounts for information that can be used against you, though. Photos, status updates, or comments can be misconstrued to undermine your claims of injury or emotional distress. In Texas, these digital footprints are admissible in court, so it’s wise to limit your online activity related to the accident.

11. Comply with Your Medical Treatment Plan

Follow your healthcare provider’s treatment recommendations in the letter. This demonstrates that you are taking your recovery seriously, and if you don’t do this, your failure to follow the plan can be used by the opposing party to argue that your injuries are not as severe as you claim or that your injuries are as bad as they are not because of the accident but because of your failure to mitigate the damage.

12. Document All Financial Losses

Get in the habit right away of recording any and all expenses that are related to the accident. This includes medical bills, rehabilitation costs, and property damage repairs, of course, but it might also include rental car fees or Uber/taxi receipts, lost wages due to missed work, childcare or housekeeping services if you’re not able to keep up with your normal routine, and more. Keep all receipts, invoices, and financial statements.

The most important legal step of all is to get a lawyer. Contact Marco Bass Injury and Accident Lawyers in San Antonio now for a free consultation.