What Should You Do Immediately After a Rear-End Collision?
Rear-end collisions are one of the most common types of car accidents, and they can happen to anyone at any time. If you find yourself in such a situation in Texas, it’s crucial to know your legal responsibilities and rights to make sure that you protect yourself and comply with state laws.
This info covers the immediate steps you should take after a rear-end collision in Texas from a legal perspective. Texas’ unique legal system, with its fault-based insurance system and specific traffic laws, makes it essential to act swiftly and carefully after a collision.
By understanding the required steps and being proactive, you can not only safeguard your legal rights but also streamline the process of recovering damages or resolving disputes. Awareness of these legal obligations can significantly reduce stress and confusion during a potentially overwhelming time.
I recommend contacting a personal injury lawyer soon after a rear-end collision. Learn additional steps to take from the Fostel Law Firm, PLLC in Houston, Texas.
Check for Injuries and Call 911
The first thing you should do after a rear-end collision is check for injuries and call 911. Texas law requires drivers involved in an accident that results in injury, death, or significant property damage to report the incident to local law enforcement. After a rear-end collision you should do the following:
Assess injuries: Check yourself, your passengers, and the occupants of the other vehicle for injuries.
Call 911: If anyone is injured or if there’s significant property damage, report the accident immediately. Texas law mandates notifying law enforcement if damages exceed $1,000 or if there are injuries or fatalities.
Failing to report an accident of this nature can lead to criminal penalties, including fines or even charges of hit-and-run.
Move to a Safe Location if Possible
Secondly, you should move to a safe location as soon as possible. Under Texas Transportation Code Section 550.022, according to Texas Constitutions and Statute of Limitations, drivers involved in minor accidents are required to move their vehicles out of traffic if they can be safely driven. This reduces the risk of further accidents and assures the safety of everyone involved.
Don’t leave the scene: Leaving the scene of an accident, even a minor one, can result in criminal charges under Texas law.
Turn on hazard lights: If the vehicles can’t be moved, turn on hazard lights to alert other drivers.
By using these tips, you’ll help make sure you and your passengers are safe.
Exchange Information with the Other Driver
Next, you should exchange information with the other driver. Texas law requires drivers involved in an accident to exchange specific information. This includes:
Name, address, and contact information: Provide and collect these details from the other driver.
Insurance information: Exchange insurance company names, policy numbers, and contact information.
Vehicle details: Note the make, model, license plate number, and registration state of the other vehicle.
It’s advisable to avoid admitting fault or making statements that could be interpreted as an admission of guilt.
Document the Accident Scene
Additionally, proper documentation can play a crucial role in any legal or insurance-related proceedings. Take the following steps:
Photograph the scene: Capture pictures of all vehicles involved, including their positions, damages, license plates, and the surrounding area.
Video evidence: If possible, record a video showing the broader context of the accident.
Witness statements: Collect names and contact information of any witnesses. Their testimony can be valuable if there are disputes about fault.
Police report number: If law enforcement responds, obtain the officer’s name, badge number, and the police report number for future reference.
This documentation will help you in the instance of a legal dispute.
File a Police Report
Even if law enforcement does not arrive at the scene, Texas law requires filing a crash report if the accident results in injury, death, or property damage exceeding $1,000. This can be done through the Texas Department of Transportation using Form CR-2, also known as the "Blue Form."
Deadline for filing: You must file the report within 10 days of the accident.
Keep a copy: Retain a copy of the report for your records and future legal or insurance needs.
A personal injury attorney may be able to help their clients with filing their police report.
Seek Medical Attention
Furthermore, even if injuries are not immediately apparent, it’s essential to seek medical attention. Some injuries, like whiplash or internal trauma, may not manifest symptoms right away.
Document medical visits: Keep records of all medical evaluations, treatments, and bills. These records can be critical in pursuing a personal injury claim.
Follow doctor’s orders: Adhering to prescribed treatments demonstrates the seriousness of your injuries and helps build a strong legal case if needed.
Seeking medical attention is not only paramount for your health, but also beneficial during a personal injury legal case.
Notify Your Insurance Company
Next, you should notify your insurance company. Texas operates under a fault-based system for auto insurance claims. Notify your insurance provider about the accident as soon as possible.
Provide accurate details: Share the information collected at the scene but avoid admitting fault.
Understand your coverage: Review your policy to understand what is covered, such as property damage, medical expenses, or uninsured motorist protection.
File a claim: Depending on the circumstances, you may file a claim with your insurer or pursue a third-party claim against the at-fault driver’s insurer.
Understand Comparative Fault in Texas
Additionally, Texas follows a modified comparative fault rule, meaning that you can recover damages if you’re found to be less than 51% at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are 20% at fault and your damages total $10,000, you can recover $8,000.
This rule makes it crucial to gather evidence that supports your version of events and minimizes your share of the blame.
Consult a Personal Injury Attorney
In many cases, consulting a personal injury attorney is advisable, especially if the following apply:
There are disputes about fault.
The accident resulted in significant injuries or damages.
You are unsure about how to negotiate with insurance companies.
An experienced personal injury attorney can help protect your rights, negotiate fair settlements, and represent you in court if necessary.
Know the Statute of Limitations
In Texas, the statute of limitations for personal injury claims resulting from a car accident is two years from the date of the accident. This deadline also applies to property damage claims. Missing this deadline can bar you from recovering damages.
Avoid Common Mistakes
To protect your legal rights, avoid the following mistakes:
Admitting fault: Never admit fault at the scene or in conversations with insurance adjusters.
Delaying medical treatment: Waiting too long to seek medical attention can undermine your injury claim.
Ignoring the accident: Failing to report or address the accident can lead to legal and financial consequences.
Signing without legal advice: Avoid signing any settlements or waivers without consulting an attorney.
Contact the Fostel Law Firm, PLLC Today
Handling a rear-end collision in Texas involves more than just exchanging information; it requires adherence to state laws and proactive steps to protect your legal and financial interests. Contact the Fostel Law Firm, PLLC to help with your personal injury case. We serve clients in Houston, Texas, and the entire state of Texas.