I’ve been in a motor vehicle collision, what should I do first?
While every situation is different, motor vehicle collisions can often have severe real-world impacts on your life. These can include losing the ability to continue to earn a living, substantial missed time from work, rising medical bills, loss of transportation, physical injuries and more. To maximize your opportunity to file a successful lawsuit, receive appropriate medical care, and preserve as much evidence as possible, here are some things to consider doing first after a motor vehicle collision.
Document everything
It’s an unfortunate reality in Texas that some motor vehicle collision cases can take several years to resolve, especially if a lawsuit is filed and the case is complex. It always helps if there is more information, not less, to keep the incident and its details fresh in your memory as time passes and your case is negotiated. Thus, we cannot stress enough the importance of gathering as much information as possible surrounding your injury and the collision before too much time passes. We are all human and memories fade with time. You would be surprised how quickly after an incident even once clear memories can become hazy. Immediately after the collision (assuming you’re healthy enough to do so), you should document everything you remember about the incident including who was present, the other driver’s insurance info, the other driver’s vehicle info, a photo of the other driver’s license and insurance, photos of the intersection, a video of the scene, what day/time the injury occurred, what happened, how the intersection looked, direction of the vehicles, who was at fault, weather, time of day, etc. A good rule of thumb is that for whatever the subject detail is, no matter how minor, think of the who, what, when, where, why, and how that detail may matter. It also doesn’t hurt to draw a map of the scene to refresh your memory down the line as well.
Call the police
You should always call the police after a motor vehicle collision. Even if it’s inconvenient. It’s one of the most important things you can do to ensure you have a well-documented record of the collision, how it occurred, who was involved, and the situation leading up to the collision. Even if the other driver begs you not to call the police, just do it. It will save you a LOT of problems down the line. Not calling the police is one of the worst decisions that you can make after being in a motor vehicle collision that caused you injury.
Report the collision to the other driver’s insurance company
After a motor vehicle collision, you should immediately take the information you gathered about the other driver (photos/videos, photo of driver’s license, insurance info, police report, etc) and report the collision to the other driver’s insurance company. This serves a few functions. First, it puts the other driver’s insurance company on notice that a collision has occurred, and someone was injured. Second, it should trigger an investigation of your injuries and claims history regarding the other driver so the company can begin assessing liability and evaluating the worth of the case. Lastly, it creates a written record so the parties can begin negotiating a potential settlement. It is wise not to delay reporting a collision to the other driver’s insurance. That said, it is always advisable to consult with an attorney as soon as possible after a collision because you may inadvertently harm your case when dealing with the other driver’s insurance company. An attorney can negotiate on your behalf.
Report the collision to your insurance company
After a motor vehicle collision, you should immediately take the information you gathered about the other driver (photos/videos, photo of driver’s license, insurance info, police report, etc.) and report the collision to your insurance company, even if you were not at fault. This allows your insurance company to defend you in case of any disputes, and you can use your collision insurance coverage for repairs or replacement if the at-fault driver's insurance is slow to respond. Further, notifying your insurance company can help you claim towing insurance and medical expenses, as well as provide documentation for any personal injury claims. That said, it is always advisable to consult with an attorney as soon as possible after a collision because you may inadvertently harm your case when dealing with your insurance company. You should also report the collision to your insurance company if the other driver does not have insurance or flees the scene and you are unable to locate them. PIP and Underinsured/Uninsured insurance coverage is crucial in this aspect.
Seek medical care
If you’ve suffered an injury from a motor vehicle collision you should immediately seek appropriate medical care. Even if you feel like you want to sit home and see how you feel in a few days or “walk it off” it’s always better to go seek medical care to get yourself looked at sooner rather than later. Often you may be more injured than you initially believed and only a medical professional can appropriately diagnose you. Other times, delaying medical care can lead to your injuries getting worse. If, however, you do decide not to seek immediate medical care after your injury, listen to your body. There is nothing prohibiting you from going to seek appropriate medical care days or weeks after a collision if your symptoms get worse or do not improve. That said, you may receive more scrutiny in the negotiating/litigation process if you delay/forego medical treatment or there are large gaps in your treatment timeline.
Seek legal counsel
If you were injured in a motor vehicle collision due to the negligence of another driver, you should immediately seek counsel to advise you on your rights, and if financial compensation may be available to you through a lawsuit. It’s an unfortunate reality, but a lawsuit is often the best and only way to hold negligent drivers and the insurance companies they hide behind accountable for injuries you’ve sustained in collisions that aren’t your fault.
Texas Personal Injury and Civil Trial Lawyer
A Texas personal injury and civil trial attorney understands the serious and complex ramifications of being injured due to the negligence of another. Retaining a good personal injury civil trial attorney is your best and first opportunity to build a robust case, offers your best chance of obtaining the financial compensation to make you whole, and is the best way to hold the negligent people and corporations accountable for the damages they have caused you. If you've experienced a personal injury or believe you have a civil case in Dallas, Texas or its surrounding counties, the Law Office of Alton James III is prepared to fight for you. We have dedicated our practice holding negligent people and greedy corporations accountable for their actions when they harm Texans. To set up a free consultation, and to see how we can fight for you, contact the Law Office of Alton James III today at 469.638.5571.
