Don’t let a car accident derail your life. In Texas, knowing the right steps after a crash can make all the difference in protecting your health, preserving your rights, and securing fair compensation. By understanding the top mistakes to avoid, you’ll feel more confident and better equipped to handle the aftermath effectively.
In Texas, specific actions are required to ensure you aren’t disadvantaged, especially when dealing with insurance companies. Our experienced Dallas car accident attorneys have identified the top mistakes to avoid.
1. Not Seeking Immediate Medical Attention
Even if you don’t think you can afford to seek medical care after a car accident, failing to get medical care right away is one of the most critical mistakes people make. Most people assume they aren’t hurt but underlying injuries could become serious later. Quick medical attention helps document injuries, providing crucial evidence for your case. Without it, insurance companies might argue that delays mean your injuries aren’t serious or were caused by some other event, affecting your right to fair compensation.
2. Apologizing, Admitting Some Fault or Being too Talkative at the Scene
In the chaos and confusion after an accident, it’s natural to want to try to explain or talk about what happened. However, any statements apologizing or admitting some fault can be used against you later. Texas follows a “comparative fault” rule, which can reduce compensation if you’re found partially responsible. Instead, stick to only the facts when speaking with others at the scene or in your report to the police.
3. Failing to Gather Evidence
The scene of the accident is where critical evidence is found. Photos, videos, and witness information can significantly affect your case. Forgetting to document details like vehicle damage, vehicle location or orientation, road conditions, and weather can weaken your claim. When it’s safe, take photos or videos, gather witness contact details, and note any other relevant factors.
4. Not Reporting the Accident
In Texas, it’s legally required to report any accident resulting in injury, death, or significant property damage over $1,000. Failing to report could lead to penalties and may weaken your case with insurers. By promptly reporting to the police, you create an official record, which is essential for establishing fault.
5. Not Following the Recommended Treatment Plan or Declining Medical Follow-Up
Some injuries, like spinal injuries and whiplash, may not fully appear until days after the accident. Missing recommended treatment or follow-up care can worsen these injuries and weaken your case. Be diligent about attending all recommended appointments and follow-up care to ensure your health and to maintain a strong record of treatment, which is key for insurance and legal proceedings.
6. Sharing Too Much on Social Media
Social media may feel like a safe place to share your experience, but insurance companies often monitor posts to find ways to dispute or undervalue claims. Even seemingly innocent photos or comments can be used to suggest that your injuries aren’t serious. It’s best to avoid sharing any accident details online until your case is fully resolved.
7. Trusting the Insurance Company to Handle Anything
While the at-fault driver’s insurance company and your insurance company may seem supportive, their goal is often to settle claims quickly and for the lowest possible amount. Insurance companies are notorious for using tactics to minimize payouts. Don’t fall victim to their schemes. Level the playing field by hiring a personal injury attorney in Dallas or Carrollton with decades of experience who will fight for the compensation you deserve.
8. Accepting the First Settlement Offer
Insurance companies may offer a quick settlement, but the first offer is often lower than you deserve. Other times, it is confusing or a bunch of doublespeak that sounds better than it is. Take time to review the offer carefully, considering all current and future medical expenses and lost wages. Consulting a car accident lawyer can help you assess whether the offer is fair before accepting.
9. Not Consulting a Lawyer Early On
Car accident cases can quickly become complicated, especially when dealing with injuries, insurance negotiations, and legal requirements. A lawyer experienced in Texas car accident law can guide you through each step, helping you make informed decisions and protect your rights. Early legal support can prevent costly mistakes and ensure you’re fully prepared.
10. Waiting Too Long to Take Action
In addition to seeking timely and complete treatment, being prompt on pursuing and resolving a claim is critical. Texas has strict timelines for filing and resolving accident claims, known as statutes of limitations. In a nutshell, you have exactly (2) two years to file your Texas car accident lawsuit from the day your accident happens if you are not able to resolve it. Waiting too long to act can jeopardize your right to seek compensation. The sooner you begin gathering evidence, seeking medical care, and consulting with a lawyer, the stronger your case will be.
Don’t Leave Your Future to Chance — Call the Law Offices of Tim O’Hare.
A car accident can change everything in an instant. Don’t let insurance companies control what happens next. Contact our Dallas car accident attorneys for a free consultation, and let us work to secure the compensation and peace of mind you deserve. We’re here to protect your rights every step of the way.
Schedule a free consultation with our team to learn more about your legal rights.
