Common Mistakes to Avoid After a Car Crash
If you have been hurt in a car accident caused by someone else’s negligence, you may be able to file a claim for damages against the careless party. A claim can help you recover the losses you incurred during the accident, such as your medical bills, lost income, and pain and suffering. To obtain a fair settlement, however, there are common mistakes you must avoid after the crash. Below, our San Antonio car accident attorney explains what these are.
Leaving the Accident Scene
In Texas, it is against the law to leave the scene of an accident that causes injury, death, or significant property damage. If your vehicle is creating a safety hazard, you can move your vehicle but it is important to remain at the scene if you are not immediately transported to the hospital for urgent care. Failing to remain at the scene will not only hurt any future case you file, but it can also result in criminal charges.
Failing to Report the Crash
As soon as it is safe to do so, call 911 and report the accident. The police will visit the scene, question the parties involved and witnesses, and write a report. Within the report, the police may also indicate that the other driver was at fault. Make sure to report pain and injuries to the police officer. Obtaining a copy of the report can serve as important evidence that can prove your case. You cannot obtain this evidence if you do not report the accident.
Failing to Collect Evidence at the Scene
Some of the best evidence after a car accident is at the scene. Immediately after your crash, take photographs and video footage of the scene including your injuries, the all vehicles involved (damage to both vehicles – not just your own), and any other pertinent factors, such as skid marks on the road or a stop sign the other motorist ran through. You should also exchange contact information and insurance details with all other motorists involved in the crash (Obtain a copy of the at-fault driver’s insurance card and driver’s license). Make sure to identify witnesses (obtain name, number, address (investigating officers rarely include this information in their police report). If you do not have this evidence, it can create unnecessary challenges in your claim.
Failing to Seek Medical Attention
If you are not taken to the hospital by an emergency vehicle after the crash, you should seek medical attention. This will document the nature and severity of your injuries. If you do not see a medical professional after the crash, the insurance company will argue that you were not injured because you did not seek medical attention. Do not post photos, videos, comments, status updates on social media about the crash or your injuries. Do not post “I’m okay” after a crash (meaning “I survived”). Insurance companies will later take this out of context and argue that you did not sustain any injuries even though the insurance company knows that the nature of some of these types of injuries, like neck and back pain from whiplash following a car crash, often have a delayed onset and often become increasingly worse over time.
Not Seeking Counsel from a Car Accident Lawyer in San Antonio
Although you may have a right to file a claim for damages, obtaining a fair settlement is not easy. A San Antonio car accident lawyer can conduct an investigation, collect evidence, and develop a strategy for your case that can help you obtain a fair settlement. At the Law Office of Israel Garcia, our experienced attorney can provide the legal advice you need and ensure your rights are always protected. Call us today at 210-LAW-9999 or chat with us online to schedule a consultation and to learn more about how we can help with your case.
