Protect Yourself After An Auto Accident

HOUSTON—Automobile accidents happen when you least expect them, regardless of the time of day, weather and road conditions, or your driving abilities. They are called "accidents" for a reason; no one intends for them to happen, but the reality is on Texas roads, they do with alarming frequency.

According to data from the National Highway Traffic Safety Administration, 41,059 people were killed in the United States from motor vehicle crashes in 2007. Of that number, 28,933 were traveling in passenger vehicles. An additional 2.49 million people were injured in motor vehicle crashes. At the state level, 3,363 people were killed in motor vehicle accidents in Texas.

Collisions can range from minor fender-benders to fatal crashes, but are uniformly costly and traumatic experiences. Though you cannot anticipate if or when you might be involved in an accident, it pays to be prepared. With these tips you can ensure the best possible outcome if you or someone you love is involved in a wreck:

1. Stay at the scene. The cardinal rule for all car accidents is that you should never leave the scene until it is appropriate to do so. If you leave the scene of an accident, particularly if someone has been hurt or killed, you could face serious criminal penalties as a "hit-and-run" driver. However, it is also important to exercise caution if you are hit by another car in a deserted area. Some well-meaning motorists have been robbed or assaulted when they got out of their car after being bumped by another car in a deserted or unsafe area
2. Take safety measures. Before assessing damages, check to see if anyone else involved in the accident is injured. Call 911 for medical assistance if necessary.
3. Contact the police. They will let you know if an officer needs to be present at the scene (especially if the accident involves significant property damage, physical injury or death). Ask that a police report be filed if police do respond, and obtain the names and badge numbers of all officers present.
4. Collect information. Exchange contact information with everyone involved, including: Name, driver’s license number, physical address, email address and phone number. Get the following information about all vehicles involved: Year, make and model, license plate number, insurance provider, and insurance policy number. Gather contact information from any witnesses at the scene, and if a police officer(s) is present, obtain their information as well.
5. Document the accident. If you have a camera, take photos of the damage to your vehicle, the accident scene, and people involved in the accident. Having photographic proof will help your insurance adjuster determine how much you should be compensated for the damages to your car, and may also assist your case in court, if needed. If you have pictures of your car from before the accident, these will offer a great "compare and contrast" to show the true extent of the damage sustained by your vehicle. Also, be sure to talk to witnesses and make note of their comments.
6. Don’t apologize. The scene of an accident is often chaotic, and it might not be evident who is at fault in causing the crash. Do not apologize for anything, and do not sign any documents saying that you are responsible for damages involved with the accident. Anything you say at the scene may back you into a corner in terms of legal liability for what happened. Remain calm, cooperate with police, and try to be polite.
7. Seek legal advice. Before you discuss the accident with an insurance adjuster or sign any documents, you should contact an experienced Texas traffic defense attorney to ensure that your rights and interests are protected. A good lawyer will help you achieve fair compensation for your claim, whether in pre-suit settlement negotiations, mediation, arbitration or trial.

Because automobile accidents can vary in severity, how your case is resolved will depend on a number of factors. If you or your passengers sustained injuries, such as whiplash, hearing loss, broken bones or burns, you may be entitled to compensation for medical bills, loss of income, disability, wrongful death and pain and suffering.

Too often, accidents are settled outside of the legal system by the drivers’ insurance companies. Of course, insurance companies are businesses and one of their concerns is in limiting the amount of money that they pay out. When an insurance company presents a settlement offer, it is in the victim’s best interests to discuss the situation with an attorney.