The law requires that accidents be reported under certain circumstances. Texas Transportation Code Sec. 550.026. IMMEDIATE REPORT OF ACCIDENT, states: “The operator of a vehicle involved in an accident resulting in injury to or death of a person or damage to a vehicle to the extent that it cannot be normally and safely driven shall immediately by the quickest means of communication give notice of the accident…”
In addition to the requirement that certain car accidents be reported to police, your insurance company will require that all accidents be documented. However, every policy is different, so make sure to read the fine print. When in doubt, contact your insurance agent to get guidance.
My advice is when accidents happen, contact the police. Make a police report. The report will help to establish who is at fault, who rolled the stop sign, or failed to brake, or failed to control. The police report will also document the names of any passengers in the vehicle, along with the names of witnesses who may be crucial to your case. Finally, it will provide the names of the respective insurance companies for each of the vehicles involved. In other words, doing the police report will give you attorney a leg up in evaluating your case.
Also, after a car accident, it is common for your adrenaline to be pumping. Adrenaline is a nature pain killer. It is meant to see you through stressful moments and give you the energy for fight or flight. Once the adrenaline wears off, you will begin to be more in tune with your body. Bruises, bumps, aches, pains-having the police officer there is a safety net for yours and your family’s safety. The police can contact emergency services to begin getting you the medical help you need.
Following the accident, once you are back to good physical health, you need to begin the process of contacting a personal injury attorney. The statute of limitations begins tolling as soon as your accident occurs. You only have two years. While this may seem like a lot of time, when you are recovering from broken bones, surgery, hospital stays and the like, that time flies by. I know. I have personally been there following a catastrophic car accident.
Once your attorney is involved, evidence gathering will begin. The police report will be retrieved, your medical records requested, depositions of the various witnesses will be taken. The purpose of this is to preserve evidence from people where are at the scene of the accident and who treated you for your injuries. What was your demeanor like following the accident? Did you appear to be in pain? How bad was the damage to the vehicle? What was the most serious injury you sustained? All of these questions, and more, need to be answered.
Once the evidence is collected and the case is evaluated, demand letters can be sent. A demand letter lets the other side know how much you are willing to settle the case for. In other words, if they are willing to pay you a certain amount of money, you will be willing to drop your case. The initial demand is seldom agreed to. Generally, there is a back and forth between the plaintiff lawyer and the insurance lawyer or adjuster, where they try to convince each other of their respective case. If an agreeable number is reach, the case settles. If not, the case goes to trial.
If you or a family member have been injured in a car accident, contact The McAllen Personal Injury Lawyer today for a free consultation at 956-501-6565. There is no cost for a consultation and you always speak directly with the attorney.
