Houston, Texas, is a popular destination for holiday travel, especially around Thanksgiving, Christmas, and New Year. With thousands of travelers on the road, the likelihood of a car accident increases. Unfortunately, accidents often result in severe injuries, property damage, and emotional stress, especially when the holidays are meant to be a time of joy and relaxation. Understanding the necessary steps to take immediately after a car accident can make all the difference, not only in your recovery but also in ensuring your legal rights are protected.
1. Ensure Your Safety and Call for Medical Help 
When you’re involved in a car accident, the first priority is your safety and the safety of others involved in the accident. If you’re physically able, move your vehicle to a safe location to avoid further collisions. Turn on your hazard lights to warn other drivers.
In case of an injury, no matter how minor it may seem, seek immediate medical attention. Some injuries, like whiplash, concussions, or internal bleeding, may not show symptoms right away. Calling 911 should be your first action to ensure emergency medical professionals can arrive at the scene promptly.
After receiving medical care, always follow the recommendations of your doctor, even if you feel fine. Having documentation from a medical professional that links your injuries to the car accident will be crucial if you need to file a personal injury claim or seek compensation.
2. Call the Police and File a Report
In Texas, it is required by law to report a car accident to law enforcement if there is any injury, death, or property damage exceeding $1,000. When the police arrive, they will create an official report detailing the accident’s circumstances, the damages involved, and their observations about fault.
Request a copy of the police report, as this will be an essential piece of evidence for both your insurance claim and any potential legal claims. The officer may also collect information from witnesses, who can provide third-party testimony regarding how the accident occurred. This documentation helps create an unbiased account of the accident, which is especially useful if there are disputes about fault or injuries.
3. Gather Information at the Scene
While waiting for emergency responders to arrive, it is crucial to collect as much information as possible. Exchange the following details with the other driver(s) involved:
- Full names, addresses, and phone numbers
- Driver’s license numbers
- License plate numbers
- Insurance policy numbers and the name of the insurance company
- Make, model, and year of the other vehicle(s)
In addition to this, take photos of the scene. Capture damage to all vehicles involved, the road conditions, traffic signs, and any other relevant factors. If there are visible injuries, take pictures of those as well. Photos and documentation are extremely valuable when it comes to proving your case later, especially if the insurance company or opposing party challenges your claims.
4. Seek Medical Attention Immediately, Even If You Feel Fine
Car accidents can result in injuries that may not immediately present symptoms. Even if you feel okay after the crash, it’s important to see a doctor as soon as possible. Many injuries, like whiplash or brain trauma, can have delayed symptoms and may get worse over time if untreated. A prompt medical evaluation ensures that your injuries are properly diagnosed, treated, and documented.
Medical records will play a significant role in any claim or lawsuit that follows the accident. If you wait too long to get medical care, it could be difficult to link your injuries to the accident, which might impact your ability to receive compensation.
5. Contact Your Insurance Company
Once you’ve received medical treatment, contact your insurance company as soon as possible. Even if the accident was not your fault, reporting the incident to your insurer helps document the event, triggering the claims process.
Be honest and thorough when explaining the accident to your insurance company. Provide them with the police report, medical records, and any other documentation you’ve gathered. Do not admit fault or offer too much information about the accident to your insurance adjuster or the other driver’s insurer. Always consult with a personal injury lawyer before accepting any settlement offers, as insurance companies often offer low settlements to save money.
6. Consider Legal Representation and Speak with an Experienced Attorney
Hiring an experienced personal injury lawyer is essential when dealing with a car accident injury, especially if you have sustained serious injuries, or if there are complex issues such as shared fault or disputes about the accident’s cause. A lawyer can guide you through the legal process, help you understand your rights, and ensure that you receive the compensation you deserve.
If you decide to pursue a claim, your attorney can handle the communication with your insurance company, negotiate settlements, and represent your interests in court if necessary. Bowen Law Firm, PLLC, specializes in personal injury cases in Houston and can assist you in navigating the aftermath of a holiday travel accident.
7. Track All Medical Expenses and Damages
One of the most important aspects of filing a claim is tracking your medical expenses and other damages. This includes bills for hospital stays, doctor visits, rehabilitation, and any other healthcare services related to the accident. If you miss work due to your injuries, document your lost wages, as these can be part of your compensation claim.
Additionally, track any other expenses that may arise from the accident. If your car was damaged, keep records of the repair bills or the cost of a replacement vehicle. By maintaining detailed records, you can ensure that you’re compensated for all financial losses resulting from the accident.
8. Avoid Speaking to the Other Driver’s Insurance Company
It’s important to be cautious about speaking to the other driver’s insurance company. Often, they will try to get you to make statements that could be used against you in the future. Do not agree to a recorded statement or accept any settlement offer from them without first consulting with an attorney.
Your lawyer can handle communication with the other driver’s insurer and can ensure that you’re not taken advantage of in the claims process. Sometimes, insurance companies offer low-ball settlements to close claims quickly, even if they are not in your best interest.
9. Understand Texas Comparative Fault Laws
Texas follows a “comparative fault” rule, which means that if you are partially responsible for the accident, your compensation can be reduced in proportion to your degree of fault. For example, if you are found to be 20% responsible for the accident, your settlement could be reduced by 20%. It is essential to have a lawyer review the evidence to protect you from unfairly being assigned a larger portion of the blame.
Your attorney can help you understand how Texas’s comparative fault laws may apply to your case, ensuring that you are not unfairly penalized for the accident.
10. Be Patient During the Claims Process
The process of resolving a car accident claim can take time, especially during the holiday season when insurers and legal professionals may experience delays. While waiting for your case to progress, stay in contact with your attorney and insurance company, and ensure that you continue to follow your doctor’s orders.
Additionally, avoid making social media posts about the accident or discussing it with friends or family until your case is resolved. Any public statements you make could be used as evidence against you in your claim or lawsuit.
Accidents during the busy holiday travel season in Houston can be overwhelming, but by following the right steps and enlisting the help of experienced professionals, you can safeguard your rights and receive the compensation you deserve. If you’ve been injured in a Houston car accident, Bowen Law Firm, PLLC, can help guide you through the process and ensure that your legal and medical needs are met.
Contact us today to schedule a consultation and learn how we can help you through this challenging time.