Car accidents can happen to anyone. No one leaves home intending to cause an accident, but it happens. If you are at fault in a car accident in Austin, TX, it is important to understand your legal responsibilities and what to do to protect your rights. A car accident attorney can help you understand the legal aspects to follow after a motor vehicle collision.
Texas Is a Fault State for Car Accident Claims
The driver who caused the car accident is responsible for the damages. Texas law requires all drivers to purchase the minimum amount of liability insurance.
You must have a minimum of $30,000 in car insurance for bodily injury ($60,000 per accident) and a minimum of $25,000 in property damage coverage.
If you cause an accident, your insurance company should pay the victim for their economic and non-economic damages, but they will only pay an amount up to their policy limits. If the cost of the victim’s injuries exceeds the policy limits, they can sue you for any amount above them.
Five Things You Should Do After a Car Accident in Austin, TX
The moments after a car accident can be overwhelming. Knowing what to do after an accident can help you remain calm and help protect you from legal liability. After a car accident, you should:
Stop and Call 911
Texas law requires you to stop and remain at the accident scene until you comply with all legal requirements. Leaving the scene of an accident is a crime.
You must determine if someone needs aid. If so, call 911 to request emergency medical services. You have a duty to provide the other drivers with your contact and insurance information.
The law states that if you are involved in an accident involving bodily injury or death, you must immediately notify the police by the quickest means possible. The quickest way to report the crash is by calling 911. Generally, it is always best to call 911 after an accident because you cannot be sure if someone might claim they are injured in the days following the crash.
Cooperate With Law Enforcement after a Car Crash
A police officer will investigate the crash and file an accident report. Tell the truth to the officer when they ask what happened. However, only state the facts. Do not admit fault or apologize for the accident. It would be best if you avoid making assumptions about fault or drawing conclusions.
Gather Evidence of the Collision
If your injuries permit you to do so safely, photograph everything relevant to the crash, including the vehicles, debris, and road hazards. Making a video with your cell phone is also helpful. Ask bystanders and witnesses for their information. This evidence can help prove how the accident occurred.
See a Doctor Immediately After the Auto Collision
Prompt medical treatment is essential after an accident. You may have sustained injuries you are unaware of until the injuries worsen. You also need medical records if you make a claim for damages. If the other driver is partly to blame for causing the accident, you might recover damages under contributory fault laws.
Report the Car Crash to Your Insurance Company
Contact your insurance company to report the car accident as soon as possible. Most insurance policies have terms requiring you to report crashes. Failing to report the crash promptly could give the company reason to deny coverage.
However, when talking with your insurance company, state the facts. As with the police officer, do not make assumptions or conclusions. The insurance company will investigate the crash to determine fault.
Consider Meeting With a Texas Car Accident Lawyer
The steps you take after a car accident can help minimize your liability for damages, including seeking legal advice. An attorney will explain your rights and your legal options after a car accident. Until you speak with an attorney, it is in your best interest to avoid discussing the car accident with anyone, including posting information on social media. Even if you are partially responsible for causing the car crash, an attorney might be able to help you minimize your liability.
Justin McMinn is the co-founder of McMinn Personal Injury Lawyers, a law firm based in Austin, TX. He has recovered millions for his clients. Contact us for a free consultation.
