Automobile accidents are a hassle for all parties involved. Over half a million occur in Texas alone each year1. Accident rates continue to increase with the advancement of technology and the relatively new development of cell phones. Whether instigated by a phone, or a plethora of other variants, distracted driving accounts for roughly one in five of all automobile accidents in Texas1 which is nearly four times the rate of accidents caused by an under the influence driver1. Some of the most dangerous things you can engage in while driving is drinking, eating, and smoking which increases the risk of a crash by an astounding eighty percent1. In addition, it has been estimated that every two minutes an individual is injured in a car accident in Texas2.
Even without injury, car accidents should be taken seriously, and reported in a timely manner. Distracted driving, drunk driving, reckless driving, and aggressive driving are all forms of negligence that cause accidents and result in serious consequences, including personal injury lawsuits, charges, prison time, and/or fines2. It is important to receive legal counsel when dealing with auto accidents, as the ramifications can be detrimental. In order to smoothly move on from the accident, the following steps should be implemented.
Legal Responsibilities After an Accident
According to Texas Revised Statutes Section 550.021, the legal responsibilities after a car accident in Texas are:
- Immediately pull the vehicle over as close to the accident scene as possible.
- Immediately return to the scene if you did not stop.
- Determine if anyone involved in the accident requires aid.
- Render reasonable assistance to anyone injured.
- Exchange information with the other driver.
- Call the police if the crash involves injuries, deaths, or more than $1,000 in damage.
- Remain at the scene of the car accident until you have given your information and rendered aid3
When engaged in an automobile accident, the first thing to remember is to remain calm, and stay at the scene. Leaving the scene is considered a hit and run and has the same legal implications as a DWI in Texas as of 20194. Once the accident occurs and both drivers remain at the incident, it is important to protect the sanctity of the accident scene for the police to properly determine fault. Do this by remaining calm and retreating to a safe place away from active roads while you wait for the police.
As mentioned above, if no one is injured and the damages are minuscule there is no need for police attention. However, it is still essential to follow the other steps in order to best protect yourself. After determining that no one is injured and calling the police, you should take pictures of the scene. This will help both the police and your insurance agency determine the damages and provide a defense against potential erroneous claims made against you.
What Information Should You Exchange After an Accident?
Insurance is a key component in automobile accidents as it is illegal in Texas to not possess the minimum required coverage when driving a vehicle. Once damages are assessed, ensure that you exchange both insurance information and personal contact information. Specifically, you should each exchange your:
- Full name
- Contact information
- Insurance company
- Policy number
- Driver’s license number
- License plate number
- Vehicle information (the type, color, and model of your vehicle)
- Location of the accident
- Badge number and name of each officer that responded to the accident
Once your information has been successfully exchanged it is imperative to report the incident to your insurance agency as soon as possible. Many insurance agencies have a time limit on how long a claim can be filed after an accident has occurred. Thus, in order to fully utilize the insurance coverage you pay for, this step is crucial.
Legal Considerations Following an Accident
When it comes to a legal matter such as an automobile accident, it is in your best interest to keep copies of all records from the event. This will help the legal process proceed smoothly, along with protecting you from future accusations. If the situation warrants the police, ask for a copy of the police report. A copy of the report should be in your possession within 3-5 days on average6.
In some cases, legal representation may be required. When dealing with a major crash, injuries, and anything else associated with the crash, it is best to let legal professionals help you. If you have any injuries, expenses, or damage, you may be entitled to compensation. Many lawyers will give you a first consultation without any risk or commitment. It is important to remember that insurance companies are not on your side. You should not delay in documenting and reporting the accident. It is important to note that if legal action is pursued, a misstep could significantly decrease or erase the compensation you would otherwise receive. If you have any injuries, expenses, or damage, you may be entitled to compensation and attorneys can help guide you through the litigation process to receive compensation. Attorneys are your friends in these circumstances, as you are truly going up against the insurance company regarding reparations, not the opposing driver7.
Written by:
Will Finley
Law Clerk
WATTS GUERRA LLP
Four Dominion Drive, Bldg. Three, Suite 100
San Antonio, Texas 78257
Phone: (210) 447-0500
Frank Guerra
Board Certified – Personal Injury Law
Texas Board of Legal Specialization
WATTS GUERRA LLP
Four Dominion Drive, Bldg. Three, Suite 100
San Antonio, Texas 78257
Phone: (210) 447-0500
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1) https://dallas.legalexaminer.com/transportation/texas-distracted-driving-is-not-only-dangerous-but-costly/
2) https://ftp.txdot.gov/pub/txdot-info/trf/crash_statistics/2019/01.pdf
3) https://www.injuryattorneyofdallas.com/texas-hit-and-run-laws/
4) https://www.texastribune.org/2019/09/20/render-aid/
5) https://www.allstate.com/tr/car-insurance/in-case-of-a-car-accident.aspx
6) https://www.jacksonwhitelaw.com/az-personal-injury/how-long-does-it-take-to-get-a-police-report-after-an-accident/
7) https://www.jdsupra.com/legalnews/when-should-you-hire-a-lawyer-for-a-car-6909963/
