What To Do After a Texas Car Accident
Useful advice from trusted San Antonio car accident lawyers
If you’ve been injured in a car accident in Texas, it’s important to know what to do to protect yourself and your rights. That’s why the San Antonio car accident lawyers from the Herrera Law Firm put together this list. Our legal team understands how overwhelming things can be for injured crash victims after being in a car accident. That’s why we want to help. Our car accident attorneys can also help you hold those responsible for your crash accountable and get you the compensation you need and deserve. Contact us today for a free consultation.
If you’ve been in a car accident, you should:
- Contact the police – Inform law enforcement if anyone is injured or intoxicated.
- Request an ambulance – Even if everyone seems fine, don’t try to diagnose yourself. Have a medical professional evaluate you.
- Gather information – Make sure you get the names of people involved in your car accident, including drivers, passengers, pedestrians and witnesses, including:
(icons for full names, name of person whom the vehicle is registered, phone numbers, addresses and driver’s license numbers, insurance status of drivers, make and model of cars, license plate numbers) - Don’t say anything – After a car accident, people sometimes say things without thinking. What you say to the other driver could be used against you by insurance companies. Keep your comments brief and stick to the facts of what happened. You should also make note if someone accepts responsibility for the accident – for example, if the other driver says “I’m sorry. It was my fault.”
- Write it down – The more information you have about your accident, the better. Write down important details, including:
- Time and date of your car crash
- If anyone was driving while intoxicated (DWI)
- How your accident occurred
- Direction of vehicles involved in crash
- Names and badge numbers of police offers investigating accident
- Photograph it – Pictures can be powerful pieces of evidence. Make sure you take photographs of the following after your accident:
- Damage to cars
- Skid marks on road
- Weather conditions
- Street signs near crash
- Create a diagram – You don’t have to draw anything elaborate. Simply create a diagram showing the directions the vehicles were traveling and where the impact or impacts occurred.
- Note previous problems – If you saw something wrong with the vehicles before your car accident, such as bald tires, a broken headlight, or if any vehicles were towed from the scene, write it down and tell the investigating police officer.
- Visit a doctor – Even if you feel fine after your accident, don’t take chances with your health. Injuries sometimes take several days to appear after a crash. Make sure you make a follow-up appointment with your doctor.
- Contact us – An experienced San Antonio car accident lawyer from the Herrera Law Firm can help you every step of the way. Our legal team has the knowledge and experience to get you the compensation you’re entitled to. Take action and let us get started on your case. Contact us today for a free consultation.
What should I do after a hit-and-run?
A hit-and-run is scary, but the same basic rule applies. Stay at the scene, move out of traffic if possible, and call 911 right away to report the crash and request medical help. Never chase the fleeing driver; it’s dangerous and can put you at risk of another collision. Instead, write down or record anything you remember about the other vehicle, including the color, make, model, partial plate number, direction of travel, and any visible damage.
Take photos of your own car, debris, and any paint transfer that might match the other vehicle. Report the incident to your insurance company as soon as you can; if the other driver is never found, your uninsured motorist coverage may help pay for your injuries and losses. A Texas car accident lawyer can help coordinate with police, track down additional evidence (like camera footage), and pursue compensation through every available policy.
What if the other driver doesn’t have insurance?
When the other driver has no insurance, it is frustrating, but you still may have options. Get their contact details, and make sure the police respond and file a report documenting that they did not show proof of insurance. Let your own insurer know right away that the at-fault driver appears uninsured, and ask about your uninsured motorist (UM) coverage and any personal injury protection (PIP) or MedPay on your policy.
UM can help cover medical bills, lost wages, and pain and suffering if the other driver has no coverage or flees the scene. You might also have claims against other parties, such as a negligent employer, vehicle owner, or a bar that overserved a drunk driver, depending on the facts. Because uninsured claims can get technical and insurers may push back, contacting a San Antonio car accident lawyer early is the best way to make sure every potential source of compensation is explored.
What if I was partially at fault?
If you think you were even partly at fault, don’t panic and never admit blame at the scene. Stick to the basics when talking with police and insurance companies, and let the investigation determine how responsibility is allocated. In Texas, you can often still recover compensation as long as you’re not more than 50 percent at fault; your recovery is just reduced by your share of responsibility.
For example, if you are found 30 percent at fault but have $100,000 in damages, you might still be able to recover $70,000. Your own liability coverage can help pay for the other person’s damages if you were primarily responsible, while coverages such as PIP or MedPay may still help with your medical bills. Our San Antonio car accident lawyers can review the facts, push back if an insurance company is unfairly putting too much blame on you, and work to reduce your fault percentage so you keep as much compensation as possible.
How do I get my car accident report?
Your accident report is a crucial document that records who was involved, when and where the crash happened, and the officer’s initial observations about fault. In Texas, you can usually request a copy from the local police department, sheriff’s office, or directly through the Texas Department of Transportation’s online crash report system once it is filed. To find it, you will typically need information like the date of the crash, location, and names of drivers.
Our car accident lawyers can also obtain the report for you and go through it carefully to spot helpful details or errors that need to be clarified with additional evidence. Having the report early helps our legal team contact witnesses, secure surveillance footage, and build a strong claim before memories fade or records disappear.
How long do I have to contact a lawyer and file a claim?
You can call a lawyer at any point after a crash, but waiting too long can hurt your case. Texas generally gives you two years from the date of the accident to file a personal injury lawsuit for a car wreck. Miss that statute of limitations and you usually lose your right to recover, no matter how serious your injuries are. Because it takes time to gather records, investigate, and negotiate with insurers, it’s in your best interest to contact a car accident attorney as soon as you can after getting initial medical care.
An early call lets our legal team protect evidence, handle insurance communications, and make sure any lawsuit is filed before the deadline.