What Can I Expect if I’ve Been in an Auto Accident?

If you’ve been in a serious auto accident and are looking to file a personal injury claim, chances are you already have a lot on your plate. Auto accidents can easily cause a lot of confusion and stress, especially when victims have to deal with car repairs or buying a new vehicle. To top it off, dealing with an injury as a result of a car accident can be time-consuming, painful, and expensive.

If you’ve been injured in a car accident and would like to explore your rights to compensation, it is important to contact a Houston personal injury attorney as soon as possible. Though the state of Texas does allow for suits to be filed up to two years after the accident, the longer you wait, the weaker your claim becomes. Begin the process today.

Liability in an Auto Accident

When filing a personal injury case in an auto accident, just like with other cases, you will need to prove the injury is a result of negligence on the other driver’s behalf. Negligence can be determined by proving the other driver was acting recklessly, which resulted in damage to your vehicle and an injury to your person. Auto accident negligence can be based on any of the following claims:

• The driver was not driving within the speed limit.

• The driver was distracted (i.e., texting, on the phone).

• The vehicle was not in well-maintained condition, which posed a safety hazard.

• The driver was not obeying road rules (i.e., stop signs, red lights).

These instances solidify the claim that the other driver was negligent; however, you can still seek compensation if you were partially at fault. The state of Texas follows what is known as the modified comparative negligence clause. This means you can still seek compensation if you were partially at fault, but only up to 50% fault. If you were deemed more than 51% responsible for the accident, you will not receive compensation.

What to Do after an Auto Accident

In the event of an auto accident, it is imperative to document everything in an organized and timely manner. Though Texas’s statute of limitation is two years, older claims may take a long time and tend to lose validity as they age. To prove negligence, you will need appropriate supportive documents. These include:

• A police report from the accident.

• Documentation of medical treatment and when the treatment took place.

• Documentation of any pre-existing medical conditions and if they were affected by the accident.

• Any charges or citations (such as DUI charges) related to the accident.

• Witness statements from passengers or other drivers.

• Photographs from the accident.

• Documentation of lost wages and any other expenses incurred from the accident.

The more of these types of documents you have, the more smoothly and timely your case will be. Proving fault in a personal injury case can be a long process, so be sure to collect as much information as possible about yours. Begin doing this as soon as the accident occurs.

Perform Due Diligence

File a police report, take notes, get signed witness statements, take photos, collect physical evidence, etc. Do everything in your power to make it easier for the insurance company to see the accident is not at all (or only partially) your fault. After you have called the police to the accident scene, alerted your insurance company, and received any urgent medical treatment, contact a Houston personal injury attorney as soon as you can.

Contact Us

If you’ve been injured in an auto accident, contact the law offices of Gordon, Elias & Seely. Our experienced attorneys will help you gather evidence and documentation needed to support your injury claim and get you the compensation you deserve.