A car wreck is a traumatic, frightening, and confusing event. As a result, individuals often do not know how to react on the scene of the accident. At the same time, this high-pressure time period immediately following the car accident is among the most important for individuals that wish to pursue a legal claim. Follow these steps after a car accident to ensure that you have the tools to proceed with a claim.
- Safety First: Keeping your head can be difficult in a high-tension situation like a car accident. Remember to take basic cautionary measures to prevent further damage to yourself and others. If the vehicle can be moved, move it to a low-traffic area. Turn your hazard lights on, and lay out cones or reflectors if the wreck occurs at night. Do not exit the vehicle unless it is safe to do so.
- Document the scene: It is impossible to take too many pictures. Try to document the scene with as much detail as possible. Record the VIN number of the vehicle, which is usually located on the inside of the door or the engine. Take pictures of any damage to your vehicle, but also photograph the area that the accident occurred, including any traffic signs or lights that could play a role in the case. Take note of any weather conditions that may have played a role in the accident.
- Gather witness information: If possible, locate witnesses on the scene and collect their contact information. Witnesses can provide important evidence throughout the process.
- Never admit fault or sign any documents: Sometimes, the heat of the moment creates a tendency to apportion fault immediately. Even if you think that the accident may have been your fault, do not vocalize your suspicions. Do not sign any releases or other documents that could prevent you from pursuing your claim in the future.
- Seek medical attention as soon as possible: Make an appointment to see a doctor about any potential injuries that occurred in the accident. Though your natural inclination may be to take a “wait and see” approach with any aches and pains that result from the crash, seeking advice from a licensed medical professional is the best decision for both your own health and your legal claim.
- Contact the attorneys at Sommerman, McCaffity, Quesada & Geisler, L.L.P.: Our experienced legal professionals will be happy to schedule a client consultation, or answer any other questions you may have.
Texas has a statute of limitations that requires lawsuits to be filed within two (2) years of the accident. The statute of limitations is designed to prevent litigation in situations where it is difficult to obtain evidence, and to prevent potential defendants from living under a cloud of litigation for an unreasonable period of time. There are exceptions to the statute that extend the time period. For example, the time period generally does not begin to run until the injured party turns 18 years old. The penalty of running afoul of the two-year statute of limitations is steep. Once the limitations period has expired, your opportunity to enforce your rights expires as well. Given this limited time period, it is a good idea to contact a lawyer about your situation as soon as possible.
