If You Have an Accident in Which Someone Is Injured, You Should Do This

If you have an accident in which someone is injured, you should take immediate action for safety, legality, and the protection of rights. Car accidents are stressful, but knowing what steps you can take may make all the difference. At TK Injury Lawyers, we help Austin drivers through the steps they must take legally to protect themselves after an automobile collision.

Immediate Actions to Take at the Scene of the Accident

Ensure Safety First

Your priority after an accident is to ensure everyone’s safety. Texas law requires drivers to stop at the scene of an accident and assist the injured if they can. If possible, move your vehicle to a safe location where it does not obstruct traffic. Turn on your hazard lights and be aware of additional hazards, such as fuel leaks or fire risks.

Call 911

Always call emergency services, even when the injuries seem minor. Texas law requires reporting any accident involving injury, death, or property damage over $1,000. Emergency responders can provide immediate medical help and create an official report that may be critical for insurance claims and legal action.

Check for Injuries

Assess yourself and others for injuries. Avoid moving anyone with serious injuries unless there’s an immediate danger, such as a fire or oncoming traffic. Encourage injured individuals to remain still and provide reassurance until medical professionals arrive to offer assistance.

Legal Obligations After an Accident Involving Injuries

Exchange Information

You must exchange your name, address, driver’s license number, vehicle registration, and insurance details with the other parties involved. If there are witnesses, collect their contact details as well.

File a Police Report

If law enforcement does not arrive at the scene, you must file a Crash Report (Form CR-3) if an injury, fatality, or damage exceeds $1,000. This report is crucial for insurance claims and potential legal proceedings.

Stay at the Scene

Leaving the scene of an accident involving injury is a crime in Texas. If one fails to stay on the scene, severe legal penalties include license suspension, fines, or imprisonment.

Documenting the Accident for Your Protection

Take Photos of the Scene

Capture images of vehicle damage, road conditions, traffic signals, and any visible injuries. Photographic evidence can help establish liability and support your insurance or legal claims.

Speak to Witnesses

Witness testimony can strengthen your case. Collect names, phone numbers, and email addresses of anyone who saw the accident occur, as their statements can serve as crucial evidence in legal proceedings.

Keep Notes

If you have an accident in which someone is injured, you should write down the time, location, weather conditions, and any statements made by the other driver. A thorough and accurate accident record can help protect your rights and support your claim.

Medical Attention and Follow-Up Care

Seek Immediate Medical Attention

Even if you feel fine, seek medical evaluation. Some injuries, such as whiplash or internal trauma, may not show symptoms right away. Delaying treatment can harm your health and your legal claim.

Follow Up Diligently

Adhere to your doctor’s recommendations for follow-up appointments and treatment. Gaps in medical care may weaken your claim if you pursue compensation.

Maintain Records

Keep copies of all medical reports, bills, and prescriptions. Maintain records of rehabilitation, physical therapy sessions, and any out-of-pocket expenses. Detailed records will support your claim for damages.

How a Personal Injury Lawyer Can Help After a Car Accident

Determining Fault and Liability

An experienced attorney can thoroughly investigate your accident, gather essential evidence, and establish liability to support your claim. Texas follows a modified comparative fault rule, meaning your compensation may be reduced if you’re found partially at fault, but a skilled lawyer can help minimize liability disputes.

Negotiating with Insurance Companies

Insurance companies may attempt to minimize payouts. A skilled car accident injury lawyer can negotiate to ensure you receive fair compensation and help you understand the full extent of your damages, including medical expenses and lost wages.

Preserving Evidence

A lawyer can help preserve crucial evidence, such as surveillance footage, black box data from vehicles, accident reports, medical records, and witness statements, which could be vital for proving your case.

Contact a Trusted Austin Car Accident Lawyer Today

If you’ve been injured in a car accident in Austin, TK Injury Lawyers is here to help. Our experienced attorneys can guide you through the legal process and fight for the compensation you deserve. Contact us today at (512) 910-2000 for a free consultation.