Our Texas Injury Lawyers Reveal Top Mistakes to Avoid After a Car Accident
For most of us, the moments following a collision are filled with uncertainty and stress. So, it’s easy to make mistakes that could jeopardize your health, safety, and potential injury claim. This is when the expertise of Dortch Lindstrom Livingston Law Group benefits you. Our attorneys have vast experience helping people after motor vehicle cases in Texas and nationwide, and understand how simple oversights quickly lead to complications.
Below, we walk you through the top 10 mistakes to avoid after a car accident, ensuring you're better prepared to protect your rights and build a strong compensation claim.
1. Failing to Call the Police and Obtain an Official Report
Call law enforcement to the scene, even if the crash seems minor. In Texas, officers must submit a written report if the apparent injury or damage is $1,000 or more. Colorado has the same threshold, but in other states, such as Oklahoma, the amount is $500.
Many drivers make the mistake of agreeing to handle the situation privately. However, this approach can backfire. Without an official police report, you lack crucial evidence for your compensation claim or potential lawsuit. The report provides an unbiased account of the accident, including details about road conditions, witness statements, and any citations issued.
2. Neglecting to Seek Immediate Medical Attention
After a car accident, adrenaline can mask pain and symptoms of injury, so many people decline medical care at the scene. This decision seriously affects your health and your potential injury claim.
Insurance adjusters may try to deny your claim by arguing that your injuries weren't severe or caused by the accident if you didn't seek treatment right away. Get a thorough examination as soon as possible to prioritize your health and create a medical record linking your injuries to the crash. Follow all treatment recommendations and keep detailed records of your medical care and related expenses.
3. Admitting Fault or Apologizing at the Accident Scene
It’s only natural to feel shaken and emotional, and instinctively apologize to be polite or make statements that are interpreted as fault. Even if you’re not responsible, this critical mistake might impact your ability to recover compensation.
Any statements you make can be used against you by insurance companies or in court. Even a simple "I'm sorry" could be construed as an admission of guilt. It's essential to remain calm and avoid discussing fault with anyone at the scene, including the other driver, witnesses, or even the police.
4. Failing to Gather Crucial Evidence at the Accident Scene
It’s easy to overlook the importance of gathering evidence in the chaos after a crash. However, this weakens your case and makes it harder to prove liability or the extent of your damages.
Do your best to:
- Take photos of the scene, including all vehicles involved, their positions, and any damage. Also, capture the road conditions, traffic signs, and skid marks or debris.
- Collect contact information from all parties involved, including names, phone numbers, addresses, and insurance details. Get information from witnesses, too.
- Jot down notes about what happened while the details are fresh in your mind. Include the time, date, weather conditions, and other relevant factors.
- Preserve any physical evidence, such as torn clothing or damaged personal items.
Remember, you can never have too much evidence. What might seem insignificant at the time could prove to be key information in building your case.
5. Providing Recorded Statements to Insurance Companies Without Legal Counsel
After the crash, you may receive calls from insurance adjusters. They may request a recorded statement about the accident. Many people make the mistake of agreeing to this without first consulting a lawyer, which can seriously jeopardize their claim.
It's important to remember that you're not obligated to provide a recorded statement to the other driver's insurance company. While you may need to cooperate with your insurer, you have the right to consult with an attorney before giving any statements.
6. Attempting to Handle Your Claim Without Legal Representation
One of the top car accident mistakes to avoid is trying to handle the claims process alone. Insurance companies have teams of adjusters and lawyers working to minimize payouts. Without legal expertise, you're at a distinct disadvantage when negotiating your personal injury case.
At Dortch Lindstrom Livingston Law Group, our extensive nationwide network of injury lawyers understands how to protect your rights and fight for settlement results you truly deserve. We make sure to:
- Act quickly to file a claim, based on the statute of limitations deadline in your state.
- Conduct a thorough investigation of the accident.
- Gather and preserve crucial evidence.
- Handle all communications with insurers.
- Accurately calculate the full value of your damages, including future costs.
- Negotiate skillfully on your behalf.
- Utilize our 60 years of combined experience in various state and federal courts to take your case to trial if a fair settlement can’t be reached.
Our team manages your case from start to finish, leveling the playing field and giving you the best chance at proper compensation for your injuries and losses.