Your actions after a Texas car accident can considerably impact what happens in the following days, weeks, and months. It’s undoubtedly stressful, particularly if you think you may share the blame for the wreck and are worried about the possible consequences.
Car crashes involving shared fault raise complex legal questions that can affect your ability to pursue compensation for your injuries and related losses in Texas. Consulting with a knowledgeable personal injury lawyer to understand how Texas law applies to your accident can help you navigate this challenging situation.
Heads Up on Potential Consequences
Car accidents in which multiple drivers may be at fault can lead to disputes about financial liability, including:
Legal Issues
Texas law allows you to recover compensation even if you share partial responsibility for a collision. However, any compensation awarded to you by a court would be reduced proportionately by your assigned share of fault. For example, if a court awards $100,000 in compensation for a car accident and you are determined to be 20 percent at fault, then you would be eligible to receive $80,000. You cannot recover compensation if you are 51 percent or more responsible for the crash. An experienced car accident lawyer will work to minimize your share of fault under Texas law.
Financial Responsibility
Most auto insurance policies have a deductible you must pay out of pocket before your coverage applies. Depending on your policy, you may have expenses you’ll need to cover after a crash, increasing the overall cost of the accident.
Insurance Rates
Being at fault for a crash can increase your insurance premiums if your insurance company considers you an “at-risk driver.” Insurers consider a crash an indicator of higher risk, which can lead to increased premiums when renewing your policy.
Driver’s License Points
Texas’s Department of Public Safety uses a points system to track driving violations and ensure road safety. The points system for moving violations assigns points to Texas and out-of-state moving violation convictions, and each conviction adds points to a driver’s record. A regular moving conviction adds two points, while a conviction resulting from a crash adds three points. Having six or more points on your driving record results in an annual surcharge.
Right After the Crash
Take these steps to protect your health and legal rights:
- Check for injuries – Call 911 if you see injuries or signs of trauma to you, your passengers, or occupants of the other vehicle(s) involved. Seek medical attention even if you feel fine. A healthcare provider’s assessment can prevent a condition from worsening if left untreated.
- Remain at the scene – Do not leave or attempt to leave the accident scene. Otherwise, you could face a hit-and-run charge. Remain at the crash site, render aid if you can, and handle the situation calmly to avoid complicating the situation or facing criminal penalties.
- Exchange information – Once you’ve ensured everyone’s safety, exchange contact information with the other driver. This includes names, addresses, phone numbers, driver’s licenses, license plate numbers, vehicle descriptions, and insurance information. Don’t discuss the accident details or apologize for the accident. Your words may be interpreted as an admission of fault. Collect contact information from potential witnesses. Their statements could be critical later.
- Cooperate with law enforcement – As part of its initial investigation, law enforcement will likely ask you to provide a statement about the car accident and the events leading up to the collision. When talking to law enforcement about the accident, stick to the bare facts. Avoid speculating about who or what caused it.
- Don’t admit fault – In the excitement of the moment, you might believe you caused the accident, but it’s essential to resist the impulse to admit fault. Determining fault is a complex process that involves gathering all the evidence and facts. Making premature statements about who is responsible for a car accident can complicate your personal injury claim. The police will investigate and determine who caused the crash and whether you are partly at fault.
Reporting and Next Steps
After you’ve ensured your safety and shared the essential information with other involved parties, you should:
- Report the motor vehicle accident – Texas law requires you to report a car accident resulting in death, injury, or over $1,000 of property damage within 10 days of the collision. This report will be critical documentation for insurance claims and potential legal proceedings.
- Contact your insurer – Notify your vehicle insurance company about the accident immediately. Provide them with the basic facts required, but avoid answering questions about fault or responsibility. Do not make a recorded statement or agree to sign any medical release forms. Review your insurance policy and its coverage limits to understand the extent of your coverage.
- Document everything – Thorough documentation is critical in the aftermath of a car accident, even though you’re likely focusing on your health or vehicle. Take photos of the crash scene, involved vehicles, and visible injuries if possible. Keep copies of the accident report, other police reports, medical records related to injuries, and any correspondence with insurance companies.
- Avoid discussing the collision – Only discuss the crash and your injuries with your car accident attorney and doctor. Do not post about the incident on social media. Insurance adjusters may scour those sites for information they can use against you.
- Call a lawyer – An experienced Dallas car accident attorney can provide legal guidance and handle communications with insurance companies. Having legal representation can prevent premature and potentially damaging statements about fault or liability from affecting your case. Even if you believe you are partially at fault for the accident, there may be factors beyond your control that contributed to the crash. An attorney can investigate and leverage these factors to argue for the most favorable outcome.
Get Legal Help from Our Experienced Car Accident Lawyer in Dallas
Consulting a Dallas car accident lawyer at Kraft & Associates, Attorneys at Law, P.C. can help clarify these issues and protect your right to maximum compensation. Call 214-999-9999 or visit our offices at:
