Car Accident Attorney
in Houston, Baytown and Galveston, Texas
What You Should Know About Your Car Accident
A car accident may be a minor intrusion on your life or create a major life altering experience. Understanding the laws that may effect your rights in an accident will assist you in dealing with the situation promptly and put the experience behind you.
This site provides information which you may use in determining whether you need legal assistance. Many insurance companies apply standard guidelines to each claim they receive. Unfortunately, some may try to take advantage of your inexperience in the claims handling process. Hopefully, the information provided will enable you to resolve your claim with as little trouble as possible, and as quickly as the system will allow.
This literature is presented in three different parts:
1. What should you do when you are in a car accident?
2. How do you determine who is at fault?
3. What are your damages under Texas law?
What Should You Do When You Are In A Car Accident?
Immediately summon the police. Also request an ambulance if anyone appears injured. If you are incapacitated by your injuries, be sure your spouse or other family member or attorney is notified of the accident so that someone may obtain the information set forth below.
The most important thing to do when involved in an accident, to ensure that you will be covered if a valid policy exists, is to obtain vital information from the other parties. Always carry a pen and paper in your glove box to record the following from each party; name, address, work and home phone number, driver’s license number, tag number and make of automobile, auto insurance information including the name of the insurance company, the policy number, and the expiration date. As you are writing down this information, make notes to yourself regarding the involvement of each driver, the damage caused to his car, his demeanor after the accident, and anything he may say regarding the accident.
Draw a diagram of the accident scene. Do not trust this to memory. Step off the distance of all skid marks, and include this in your drawing. Estimate the speed of each vehicle upon impact. Note how each car became involved, and its location after the accident. Speak to witnesses, and obtain their name, telephone number, and address. Ask them what they saw, and supplement your notes with their recollection. If a police officer is summoned, much of this information will be reflected in the formal report he or she prepares on the accident.
You should refrain from discussing the manner in which the collision occurred. Be careful what you say. Comments charged by emotion may be misunderstood or misquoted by others. Of course, you should accept no fault as it may unclear at the time who, if anyone is clearly responsible. Although you may feel sorry for what has happened, you may not be legally liable for the collision. You should therefore withhold your comments for the time being, and wait for the police to arrive. Once they do, cooperate fully with their investigation. They will probably ask for you to give a statement and you should comply. If your memory is vague due to the excitement and trauma of the accident, make sure that you explain this to the officer. It is important for him to know that you may miss slight or seemingly unimportant details due to your emotional state. Because the officer must investigate the accident, leave your vehicle where it is without obstructing traffic more than is necessary. Texas Transportation Code 550.021(b). Occasionally, the police may not be called or may not arrive. If so, the Texas Department of Public Safety requires that you complete an accident report within ten days if an injury occurred, or if total property damage exceeds $500.00. Texas Transportation Code 550.061(a). You may obtain this form at any law enforcement office. Retain a copy for your records.
Hopefully, significant injury will not result from the accident. But, should it occur, care will be provided at the scene by an emergency medical team. You will then be transferred to a hospital for immediate follow up care. Most counties in Texas have public community hospitals. These facilities provide services regardless of your ability to pay or the presence of insurance coverage. You should request transportation to one of these hospitals should you believe that you may have suffered a serious injury. Immediate symptoms such as headache, neck pain, shooting pain into shoulders or arms, and numbness may indicate serious cervical injury.
Many times, a real physical injury may not cause immediate pain. You may have suffered an injury which causes delayed symptoms. The onset of pain may occur up to 24 hours after some serious neck injuries. Some accident victims choose to ignore their pain as they treat it with over the counter pain medication. You may be so concerned or anxious with other problems related to the accident that a lingering physical discomfort goes unnoticed. A friend or family member may have told you that the pain will subside given time. Be aware that any new or different feeling may indicate a serious medical problem. Ensure that you visit a physician as soon as possible to receive medical care.
Immediately contact your insurance company. Delay in doing so may leave you without coverage. Give them all of the information you obtained at the accident sight. Allow them to take a statement, and inform them of any physical problems that you may have. If you have seen a doctor, provide his name and address to the company. If you have not seen a doctor, ask how you may go about obtaining authorization from them to do so should any medical problems arise. Record the “highlights” of each conversation with the adjuster in a notebook. Reference the following section regarding your rights under the law to determine what may be owed to you.
If another driver appears to be clearly liable, contact his insurance carrier. Ask if the particular policy is valid, and if a claim number has been assigned. Obtain their address and send a certified letter to them. Explain in the correspondence that you were involved in an accident with their insured, and that you would like to file a claim against his policy. An adjuster should contact you regarding the situation. If no response is received within 3-4 weeks, send another certified letter. Continue to do so until someone from the company contacts you.
Some insurance companies may ignore your request for assistance. Should this occur, you may be forced to obtain the advice of the attorney.
How Do You Determine Who Is At Fault?
The investigating officer may have ticketed one of the parties at the accident sight. This is generally an indication that a particular law was broken, but does not necessarily establish who caused the accident. Sometimes the police report will reveal which driver, in the investigator’s opinion, should be held responsible for the accident.
If no one was ticketed, or you wish to clarify who may be at fault, you can consult the Texas Statute concerning operation of a motor vehicle.
Determining fault is important because this will generally place either your insurance company or the adverse insurance company in a position that requires them to cover the losses. Regardless of who caused the accident, you may be able to recoup at least your property damage, lost wages and medical expenses, depending on the insurance coverage available.
What Are Your Damages Under Texas Law?
You may be able to recover your losses even if you are at fault or if the other driver is uninsured. If you purchased Personal Injury Protection and Collision coverage, your insurance company must repair your vehicle and pay for reasonable and related medical expenses when the accident was caused by you. If you carry uninsured motorist coverage, your losses will be paid by your insurance company if the other driver who was at fault did not have a minimum liability policy as is required by Texas law. Check your policy to determine if you paid for this coverage.
If the other party is at fault, and the adverse insurance company accepts liability, an adjuster may offer to settle your claim for property and personal injury damage. The law allows you to recover for certain losses, and you are encouraged to go to the local law library and look up the following cases.
- An injured person may recover reasonable expenses incurred for medical, surgical, hospital, and nursing services and any other items reasonably and necessarily incurred in effecting a cure of one’s injuries.
- Future medical expenses, which in “reasonable medical probability” will be incurred are also recoverable. Powell v. Underbrink, 499 S.W. 2d 206 (Tex. Civ. App.–San Antonio 1973, no writ).
- You may recover for past and future pain and suffering. Hernandez v. Baucum, 344 S.W. 2d 498 (Tex. Civ. App–San Antonio 1961, writ ref’d n.r.e.).
- Mental anguish is recognized as a separate and distinct element of damage. Southwestern Bell Tel. Co. v. Cook, 30 S.W. 2d. 497 (Tex. Civ. App–Fort Worth 1930, writ ref’d).
- One may recover for impairment if he/she shows that there is a disability that extends beyond mere pain or lost earning capacity. Green v. Baldree, 497 S.W. 2d 342 (Tex. Civ. App–Houston [14th Dist.] 1973, no writ).
- Your family members may recover for impairment of familial interest known as loss of consortium. Whittlesey v. Miller, 572 S.W. 2d 665 (Tex. 1978).
- Finally, exemplary damages may be assessed if it is found that the responsible party acted with gross negligence. Channel 20, Inc. v. World Wide Towers Services, Inc., 607 F.Supp. 551 (W.D. Tex. 1985).
These cases merely provide a reference framework for you to determine what rights you may have. Even though liability may be clear, and your damages real, you may encounter difficulties settling your claim. Should you ever feel that you are not being treated properly, and that the insurance company through its adjuster has not fulfilled its duty, you should contact an attorney to discuss your claim.
Always bear in mind that a settlement is final, and anything you may sign could release the insurance company from paying something else that might be owed. When in doubt, consult an attorney before agreeing to any settlement.
For injury accident assistance in Houston or anywhere in Texas, call or email the car accident attorney at Marc Whitehead & Associates today. We'll do everything we can to make sure our clients get the compensation and the service they deserve.
Providing Comprehensive Legal Representation to Clients in
Houston and Throughout the Texas Gulf Coast
Marc Whitehead & Associates – Attorneys at Law, L.L.P.
5300 Memorial, Suite 725 | Houston, Texas 77007
Houston: (713) 228-8888
Fax: (713) 225-0940
Toll Free: (800) 562-9830
