We all hope that we will never get into a car accident, but unfortunately, most of us are likely to experience one at least once in our life. During tense situations like these, we experience a big rush of adrenaline, which can make it difficult to make good decisions. For this reason, it’s an excellent idea to think carefully in advance about what steps to take after an accident. If you know what to do in advance, you’re more likely to remember it in the moment. Here’s some advice from a Katy car accident lawyer.
What Should I Do Immediately After a Car Accident?
1. Check on Everyone
First, check for injuries in your own car, in any other car that’s involved, as well as among any pedestrians or cyclists who might have been nearby. If there have been any serious injuries, call 911 right away. Don’t try to move someone if they are badly injured unless there is an immediate danger to their life.
2. Pull Over
If no one has been badly injured and your car is driveable, Texas law requires you to move your vehicle out of the flow of traffic. If you have any suspicion at all that this was a staged accident, which are sometimes planned by people who intend to rob you or steal your car, make sure that wherever you pull over to is well-lit.
You should stay with your vehicle until the police come, but if you are concerned that the other party presents a danger to you, or if they threaten you, call 911 and follow their instructions.
3. Call the Police
Texas law requires you to call the police if you’re in an accident that involves a fatality or injury, where the vehicles can’t be moved, or if one of the drivers is intoxicated, has no insurance, or leaves the scene. If none of these things are true and the accident seems minor, technically you may not have to actually call the police at the moment. However, you should always call the police anyway: never let the other driver try to push you into settling it privately.
For one thing, after the accident you may easily discover that the damage caused to your vehicle is far more extensive than you thought, or you may discover that you actually have been injured. It gets harder to bring a personal injury claim when you don’t have a police report. Additionally, no matter how honest and well intention the other driver may seem, you just don’t know what will happen after the two of you leave the scene and what they might report to their insurance company.
4. Exchange Info With the Other Driver
Once you have called the police, it’s time to exchange information with the other driver, if it is safe to do so. You want to exchange names, addresses, and phone numbers; insurance information; and information about the vehicle, like it’s make and model and license number. Remember that this is an exchange: you must give this information and not just gather it, even if you believe the other driver was at fault and even if they admit to being at fault.
The only time you would not do this is if the other driver is angry or belligerent and aggressive. If you have any concerns about your safety, stay in the vehicle and wait for the police to arrive.
5. Watch What You Say to the Other Driver and Police
As exchange information with the other driver and talk with the police, it’s very important to stay calm and polite. You don’t want to escalate an already tense situation. At the same time, it’s also important that you not do anything that could be construed as admitting fault. You can have empathy for the pain of another driver who may have made a mistake and caused an accident or who has suffered an injury, but don’t say that you are “sorry.” Anything you say at this point could be used against you later, even if you were only trying to be polite.
Even if you believe that you were at fault for the accident, it’s best not to say so or discuss this belief either with the other driver or with the police. You don’t know the full story because you only saw and experienced the accident from your own perspective. Wait until all the evidence has been gathered before you make a final determination. When you talk to the police, you definitely do want to be completely honest about what happened, but that doesn’t mean you have to admit fault. Simply say what happened: facts only.
6. Gather Evidence
If you are well enough, gather some evidence at the accident scene. The first thing you want are photographs. Take photographs of the entire scene, including both close-ups and panoramic shots. Get pictures of the positions of the vehicle and skid marks, weather conditions, and any hazards that contributed to the accident. Look around to see if there are any video camera cameras. These might be dash cams, traffic cameras, or security cameras. If you see anything, be sure to mark down where it is located and even take a picture of it so you can pass this on to your lawyer, who may be able to get access to the footage.
The next thing to do is talk with any witnesses who might be in the area. If anyone is standing around or helping out, ask them if they saw what happened and would be willing to testify. If so, get their contact information to pass on to your lawyer. Remember to treat them with respect and recognize that they would be doing you a favor by taking time out of their own schedule to do this.
7. Get Medical Help
If you have been badly injured, you will, of course, have called 911 and gone to the hospital immediately. But assuming that you were well enough to wait for the police and gather some evidence, once all that is done, get medical help. You want to do this first of all so that you don’t miss any injury that isn’t showing symptoms immediately. You may just assume that a sore arm is a bruised muscle when it could actually be broken, for example. And remember that adrenaline is very powerful and can mask the pain of injuries entirely at times.
You also need to visit the doctor so that there is a clear link between any injuries that you might have and the accident itself. If you delay in getting medical attention, it can easily be argued that your injuries were not actually related to the accident.
8. Contact a Katy Car Accident Lawyer
Contact a local lawyer right away. A car accident lawyer will be able to do a thorough investigation, initiated a claim on your behalf, negotiate with insurance companies, help you calculate exactly what you should ask for in damages, and even take the case to court, if necessary.
For experienced help with your car accident case, contact the Law Office of Shane McClelland in Katy, TX for a free consultation.