Do You Know What To Do After a Vehicle Accident in Texas

The Lonestar State has a lot going for it. Want to spend a day at the beach, head to the coastline. Maybe you prefer a more desert-like environment or rolling hills. Texas has this and a whole lot more. Unfortunately, Texas is also fairly well-known for its rather high traffic accident rate.

Dallas and the surrounding metro area reported 37,848 traffic crashes in 2022. This sobering statistic doesn’t necessarily mean you’re destined to be involved in a vehicle collision. However, it does mean it’s a good idea to know what to do if an accident occurs. What you do immediately after an accident can impact your ability to recover compensation.

Steps to Take After a Car Accident in Texas

We should point out that these steps pretty much apply to every state. Even though state laws can have some nuances, what you do immediately after an accident stays basically the same.

Get Your Bearings

You’ve probably seen action films where the star staggers out of their vehicle after a collision. This makes for some great movie footage but it’s not something you want to emulate. All you’re doing is risking another accident. Take a few minutes to get your bearings. Accidents tend to be jarring and can leave victims feeling a little confused.

Check your surroundings. Make sure your vehicle didn’t end up in oncoming traffic before opening the door. If you realize you’re blocking a lane, move your vehicle to the side. If your car isn’t driveable, set up some warning flares or hazard signs. Most newer vehicle models come with handy roadside assistance kits. You should find some reflective signs in the kit. This is also the time to assess yourself and any passengers for injuries.

Report the Vehicle Accident

Some states like Pennsylvania aren’t too strict on accident reporting requirements. Basically, you can wait up to five days as long as injuries and fatalities aren’t present. The Lonestar state is different. Texas has some pretty definitive accident reporting guidelines. Get it wrong, and you may find yourself facing a hit-and-run charge.

All traffic accidents in Texas must be immediately reported if injuries, fatalities, or property damage exceeds $500. Since a cracked windshield or even a dented fender can cost $500 or more to repair/replace, it’s best to plan on reporting any type of car accident. Sure, this means waiting around for the authorities to arrive and it can be annoying. However, dealing with a little annoyance is better than facing a potential misdemeanor or even a criminal charge.

Medical Attention is Critical

There’s a reason personal injury claims have their name. The claims always deal with some type of injury sustained in the vehicle accident. Even if you’re only complaining about a shoulder bruise caused by a tightening seatbelt, it’s usually considered a claimable injury. This means being able to provide supporting proof of your injury and the associated diagnosis and treatment costs.

You’re going to need your medical records for your personal injury claim. This proves the accident caused your injuries. Your bills and receipts, even ones for prescriptions, support your claim for damages. In other words, save every scrap of paper relating to your medical costs. You never know what the insurance company may request.

Try to Gather Evidence

Your health is a priority. Yep, it even takes precedence over your accident claim. If you need immediate medical attention, hop in the ambulance. Let the responding authorities handle collecting evidence. You can read all about it in your accident report

However, if your injuries aren’t screaming for immediate medical attention, grab your smartphone. You’re going to use the camera app. Take some pictures of your vehicle damage. If you have visible injuries, take some snapshots. The phrase a picture’s worth a thousand words often applies in personal injury claims.

Go ahead and get the contact information for any witnesses. Your attorney is going to want to conduct interviews with any witnesses. What you don’t want to do is discuss the accident with anyone other than your personal injury attorney. The insurance adjuster is going to interview the same witnesses and you don’t want anything you say used to try and devalue your accident claim.

Pay Attention to the Statute of Limitations

Your personal injury claim is going to run into at least one deadline. All accident claims have a filing deadline. In Texas, accident victims have two years to file an injury claim. What happens if you miss the filing deadline? There’s a good chance you’re not going to be able to recover compensation. Once the statute of limitation passes, you’ve essentially given up your right to file an accident claim.

Like most laws, there are some loopholes in the state’s statute of limitations. For example, minors can’t file an accident claim so the statute of limitations can be paused until the minor turns 18. If your injuries are preventing you from participating in your claim, the statute of limitations is usually halted until you begin recovering. With that being said, it’s rarely a good idea to wait to file a personal injury claim. Witnesses can move away and evidence gets lost making it harder for you to prove your claim.

Calculate Your Claim’s Value

Figuring out the value of your economic damages like property loss and medical expenses is pretty cut and dry. You just total up your bills, receipts, and estimates and there you go. All you need is a calculator and you’re probably good to go.

Your non-economic damages like pain and suffering are a little different. These losses are intangible so you can’t fall back on bills or receipts. Instead, you’re using either the per diem or multiplier method to guestimate the value of your non-economic losses.

Are You Ready to File Your Texas Personal Injury Claim?

There’s a good chance you can handle a good portion of the claim process. You may even be able to calculate your non-economic damages without help. However, things change once it’s time to file your personal injury claim. Now, you’re dealing with a savvy insurance adjuster whose goal is to reduce your claim’s value. Working with a personal injury attorney can help ensure you’re ready for just about anything. Even if you’re not sure you’re ready to file your claim, your attorney is there to help every step of the way.