During the chaos and confusion that follows a car accident, you'll likely experience a range of emotions, including confusion, stress, and anger. Although these feelings may make it difficult to think clearly, remaining composed and following certain steps to safeguard your rights is essential.
Taking the correct steps after a crash will ensure your safety and help you gather and preserve crucial information for your insurance claim or potential lawsuit. At Miller Weisbrod Olesky, our Texas car accident attorneys understand the trauma suffered by victims of auto collisions.
If you find yourself involved in a car wreck, we are dedicated to protecting your best interests and helping you obtain the maximum compensation for your injuries and any accident-related losses.
During your complimentary case review, we'll go over the details of your accident and determine the viability of your case. To learn more about how we can help, call us at 888-987-0005 or fill out our convenient online request form.
Company Vehicle Accident: Our client was hit head on by a company truck. Her vascular system was badly damaged and over the course of a month her lower leg’s blood flow was so compromised that serious gangrene set in leading to an amputation. The case settled for $7,000,000.00.
Experiencing a car accident can be stressful and overwhelming. Knowing the steps to take immediately afterward and remaining calm is essential to ensuring your safety, protecting your legal rights, and streamlining the claims process.
The following is an overview of what you should do after a car accident:
Call 911
When a minor accident results in only mild scratches or dents, contacting the police is not typically necessary. However, calling 911 after a car wreck ensures the accident is officially documented. If you're dealing with a major accident involving considerable injuries, property damage, or deaths, the law requires you to notify the local police department or sheriff's office.
A police officer can provide an objective report of the accident, which can be invaluable if you need to file an insurance claim or pursue a personal injury case later. The responding officer will investigate the factors that contributed to the crash and include information such as where the accident occurred, diagrams of the scene, the names and numbers of the drivers involved, and their auto insurance company and policy number in the report.
Additionally, a police crash report might also include statements from the parties involved and any witness accounts. If you make a statement about the accident, remain calm and stick to the facts of what happened. When it comes to discussing fault or liability, refrain from apologizing and making potentially incriminating or self-damaging statements.
If you're uncomfortable making a statement, politely decline to answer questions and contact an experienced car accident attorney. Request a copy of the police report and ensure that you write down the responding officer’s name and badge number. This report can be helpful if you intend to file a personal injury claim.
Remain at the Scene
Under Texas Transportation Code § 550.021, you are required to remain at the scene and report the accident if it involves injury, death, or property damage to a vehicle that renders it impossible to drive. Leaving the scene could result in hit-and-run charges and severe penalties, including fines and imprisonment.
Staying at the accident scene also gives you an opportunity to exchange information with the other drivers involved, provide your account of the incident to law enforcement officials, and gather evidence.
Get to a Safe Location
Do not try to move your car if it's dangerous to do so or you/others have been severely injured. Should neither of these conditions apply, move your car out of traffic to a safe location to prevent additional collisions with other vehicles.
Move to the side of the road, a shoulder lane, or pull into a nearby parking lot, if possible. If your car is undrivable, engage your emergency lights and walk to a safe location. Once you have confidently done this, ensure any passengers in your vehicle and the other parties involved are unharmed. If anyone is injured, inform the police as soon as possible.
Exchange Information
Anyone involved in the accident must exchange certain information. Remember, when speaking with other drivers you should always provide accurate information but avoid admitting fault.
Gather documentation, including:
Names and phone numbers
The name of their insurance company and policy number
The make, model, year, and license number of all cars
Names and contact details of any witnesses
The responding officer's name, phone number, and badge number
The police report number
Write down the date, time, and location
Note the direction you and the other drivers were traveling in
Take the initiative to obtain these details and be careful when exchanging information. Don't admit fault or say anything the other party may use to their advantage during the investigation and claim evaluation.
Additionally, you should avoid accepting any payment ahead of time from the other party(s). Filing a claim is always the right course of action to take when pursuing proper compensation after an accident. Seek the guidance of a reputable car accident attorney who can help you understand your rights and ensure you receive a favorable outcome in your case.
Gather Evidence
If you are physically able, take pictures of the scene of the accident, your injuries, and any damage to your vehicle. You might also want to take a video recording of the post-accident scene.
Here are some examples of photos you should take:
The position of the cars
Damage to the cars (broken windows, scratches, dents, and damage to the tires)
The interior of your vehicle
Any deployed airbags
Your injuries (visible wounds or bruises)
Road or weather conditions (wet surfaces or snow)
Skid marks and road debris
Traffic signals or road signs
The other driver(s) license, license plate, and insurance card
Nearby businesses
Before you forget any helpful details, you'll want to jot down notes about when it happened or by using the voice memo application on your cellphone. Talk to any witnesses and ask for their contact information and statements regarding what they observed.
Be sure to keep a copy of the police reports, medical records, and any communications with the other driver(s) or their insurance company. Gathering this information provides a factual basis for your insurance claim, shows the extent of your damages and injuries, and can be used to establish the other driver's negligence if you decide to pursue a claim or lawsuit.
If your injuries are severe and you are unable to gather evidence immediately after the crash, your car accident attorney can visit the accident scene at a later date and gather evidence on your behalf.
Get Medical Care
It is critical that you receive prompt medical treatment and observation after being in a car accident. Even if you believe your injuries are minor or you don't experience pain right away, you should still follow up with a physician who can determine if you sustained any injuries that aren't immediately visible or noticeable.
During the initial trauma assessment, certain life-threatening complications that might not manifest later, such as internal bleeding and concussions, can be detected early, potentially minimizing their long-term impact.
If you're seriously injured, the first step you should take after the crash is to request an ambulance to the hospital from the scene. Do not be afraid of an ambulance or hospital bill, and sacrifice the importance of not only emergent medical care, but the detailed documentation that accompanies an emergency room visit.
Be as thorough as possible describing all body parts that have any pain. Keep thorough documentation of your injuries, doctor's visits, the names of doctors, medical reports, bills, and receipts.
Besides physical injuries, you should detail any mental/emotional suffering you've experienced in a daily journal. Your attorney can use this documentation as valuable evidence when proving the type and extent of damages you have sustained.
Common Car Accident Injuries
While many auto accidents result in fatal consequences, front-impact crashes do not always result in death. However, many individuals involved in these types of accidents will suffer injuries that fundamentally alter their lives.
Common injuries sustained in auto accidents include:
Contact your insurance company and provide a comprehensive account of the car accident to initiate the property damage claims process. When recounting the incident, maintain cooperation and provide all important details, including whether you were injured in the accident.
If you fail to report your accident to your insurance company within the given time frame, you might violate your policy and risk having your claim denied. If the at-fault driver's insurance company contacts you seeking additional information, consult your insurer or an attorney before speaking to them.
Insurance companies train their adjuster to close claims as soon as possible and for as little money as possible. Insurance adjusters may use various tactics to frustrate claimants, get them to admit fault, or downplay the extent of their injuries.
Instead, you should speak to an experienced car accident attorney who can help you navigate these tactics and advocate for fair compensation on your behalf.
Contact a Car Accident Attorney
In securing maximum compensation for any accident-related damages, you should contact an auto accident attorney who can guide you through the legal process, negotiate settlements, and represent you in court. This professional support can significantly increase your chances of receiving a favorable outcome.
Prepare for your initial case review by gathering all relevant documents, such as a copy of the medical records, the police report, photographs of the accident, and witness statements. Additionally, write down any questions or concerns you have about your case to ensure you cover all necessary topics during the meeting.
No one hopes to be involved in a collision, but being prepared can help facilitate a smoother resolution. By following these steps, you can avoid costly mistakes and significantly ease the stress and complexity of dealing with the aftermath of a car accident.
Furthermore, the expertise of a car accident attorney can make a significant difference in the outcome of your claim by helping you avoid common pitfalls that could jeopardize the damages you are eligible to receive.
What Type of Legal Damages Can Be Recovered After a Car Accident
The damages you may be able to recover after a car crash will depend on the type of injury you've sustained and the severity of the harm involved. In car accident cases, you can file a lawsuit against those responsible for the accident and seek financial compensation for losses with a quantifiable monetary value (economic damages) and intangible losses (non-economic damages) with subjective value.
Economic Damages
Medical costs (surgeries, hospitalization, physical therapy, etc.)
Loss of earnings/wages (current and future)
Property damage, like the cost to repair or replace your car
Loss of earning capacity
Other out-of-pocket expenses (prescription medications, in-house nurses, assistive equipment, etc.)
Non-Economic Damages
Physical pain and suffering
Loss of consortium
Reduced quality of life
Scarring, disfigurement, or disability
Mental and emotional anguish
Under certain circumstances, punitive or "exemplary damages" are awarded if the jury finds that the driver engaged in especially negligent or reckless behavior, such as drunk driving. These types of damages are intended to deter others from committing similar acts in the future.
If you have been injured in a car accident, you have a limited time to file a lawsuit against the responsible party. The statute of limitations is the legal time frame within which a plaintiff has to file a lawsuit against the person or entity responsible for their injury.
The statute of limitations for personal injury cases in Texas is generally two years from the date of the accident. Waiting longer than two years to file a lawsuit may cause you to lose your right to seek compensation for your injuries.
When filing a case, it is crucial to act quickly and hire a personal injury lawyer who can ensure you meet all critical deadlines.
Talk to Our Texas Car Accident Attorneys Today
Getting into a car accident can be a traumatic and unsettling experience. Even minor collisions can result in a lot of hassle, from dealing with insurance claims and arranging for car repairs to managing potential injuries and handling the necessary paperwork.
Before or after informing your insurance company, you should consult with a dedicated car attorney who can ensure you understand your rights and any potential legal implications. At Miller Weisbrod Olesky, our car accident lawyers have decades of experience negotiating with insurance companies and obtaining the compensation our clients deserve.
If you have recently been in a car accident that was not your fault, our experienced personal injury legal team will work diligently to gather evidence, negotiate with insurers, and represent you in court if necessary. We handle all cases on a contingency basis. This means we only get paid if we win your case. To schedule your free case review, call us at 888-987-0005 or by completing our online form.
Meet The Leader In Car Accident Litigation With A Record Of Multi-Million Dollar Settlements And Verdicts
With a 30-year history heading the Car Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding negligent parties accountable and achieving multi-million dollar settlements and court verdicts for his clients. Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.
Clay is regularly invited to speak to Trial Lawyer Groups around Houston and across the state of Texas on the topics of motor vehicle accident laws, trial tactics and techniques, and how to prepare evidence and a winning legal strategy in Car Accident Cases throughout Texas. Clay was the featured speaker for the Texas Trial Lawyers Association on the new changes to trucking laws passed by the state of Texas.
Our car accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay represented dozens of trucking companies in lost profit and diminished value claims against Caterpillar in 2010 through 2012. These cases were filed in over a dozen states with the bellwhether trial set in Federal Court in Davenport, Iowa. After intense litigation and trial preparation, a global confidential settlement was reached for all the clients.
Clay's most recent 2017 victories are a $30,800,000 jury verdict in Tennessee arising from fraud claims in the sale of heavy-duty truck engines and a $26,500,000jury verdict in a construction accident, obtained within 60 days of each other.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
Josh Birmingham was born in Las Cruces, New Mexico and raised in the small oil town of Hobbs, New Mexico. He graduated from the University of Nebraska in 2004 where he was a part of the Big 12 champion baseball team and was a College World Series participant.
He obtained his law degree from the University of Tulsa: College of Law in 2007 where he earned numerous awards in Mock Trial and Negotiation competitions.
Josh began his career at another prominent law firm where he fought for the victims of other’s negligence.
After 9 years Josh left being a trial lawyer and became an executive for a healthcare consulting firm but his passion for helping others in the law quickly pulled him back. Josh has tried numerous cases in both state and federal court. Josh began his first day with Miller Weisbrod Olesky in trial with Clay Miller representing an injured construction worker, Fernando Canales. Josh second chaired the trial and handled all of the medical expert testimony in the case.
Josh is a member of the State Bar of Texas, American Association of Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and Dallas Association of Young Lawyers. He is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
Josh accredits his passion toward helping others to his mother Pam Parkinson, a nurse and business woman, and his father Ray Birmingham a college baseball coach.
Michael is a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Born and raised in Dallas, Michael attended Texas A&M University where he earned a Bachelor of Science in Political Science. Following graduation, Michael worked in sales for one of the largest trucking companies in the United States. While working in the trucking industry, Michael saw the dangers that can and do occur when companies put profits before safety, and safety is not provided its proper place at the table. It was at this point Michael decided to pursue a career in law to help those harmed by the negligence of others.
Michael attended the University of Houston Law Center, where he served as a Senior Articles Editor for the Houston Journal of International Law. Throughout law school, Michael clerked at one of the 5 law firms that represented the State of Texas against Big Tobacco, where he worked on cases ranging from catastrophic crane collapses, to sexual abuse cases to environmental class action lawsuits. Most importantly, Michael learned the law could be used to do a lot of good in peoples’ lives, and could help those who had been injured because of the carelessness of others.
After obtaining his law license, Michael moved to South Padre Island and practiced personal injury law in the Rio Grande Valley. While practicing in South Texas, Michael tried nearly 20 cases in federal and state courtrooms across South Texas, consistently obtaining verdicts significantly higher than the insurance companies’ offers. As a result of his success in the courtroom, Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation earned by practicing personal injury law almost exclusively, showing substantial success and experience trying personal injury lawsuits, completing extensive Continuing Legal Education in personal injury trial law, and passing a rigorous written exam demonstrating superior competence in handling personal injury cases.
Michael is married to Katlyn and has 2 young daughters, Kathleen and Mary Louise. Michael volunteers for the Dallas Volunteer Attorney Program, providing pro bono legal services to others in the community.
