What Should You Do if You are Involved in an Auto Accident?
by: Texas RioGrande Legal Aid - Austin
- Your first course of action should be to stop the car. Under Texas Law ยง550.023, you are required to exchange personal and insurance information. If there are injured persons, you must also render first aid (only if you are qualified), stop the bleeding, and call an ambulance and/or a doctor. It is important never to move an injured person because this could add to his or her injuries. It would also be wise, after injuries are cared for, to protect the accident scene from further damage. You may be held liable for injuries or damages to approaching drivers, unless they are properly warned. At night, illuminating the accident scene is a wise choice.
- Next, you will want to call 911. The responding officer is a trained accident investigator, and he/she can assist you in filling out an accident information form (see form below). This information will help you in the future in your dealings with insurance companies or lawsuits. You should measure skid marks, step off distances, and obtain names and addresses of witnesses.
- At the scene of the accident, it is important that you not make any statements concerning fault, especially if the accident was your fault. If you have been injured in the accident, see a doctor and make sure to have your injuries documented. You are required by law to report an accident to the Department of Public Safety within 10 days from the date of the accident if there is an injury, death, or total damages exceeding $500. You can obtain an official claim form from the Police, Sheriff's Department, Highway Patrol, or Texas Department of Public Safety.
- After an accident, it is very important to notify your insurance company promptly. Failure to do so may void your policy. Your insurance company can also act as an advocate on your behalf when dealing with the insurance companies of others involved in the accident. By state law, all vehicles operated on the streets and highways of Texas must be covered by liability insurance or other evidence of financial responsibility. When the police arrive at the scene of the accident, you will be required to show proof of insurance. You may either present the insurance policy, or another document that contains the name of the insurance company, the name of the insured, the period of the policy, the policy number, and a statement that the coverage meets the minimum prescribed by law. Evidence of insurance should be carried in the vehicle or with the driver of the vehicle. If you fail to show evidence of insurance or financial responsibility, you could face a fine and suspension of license and registration privileges.
- IMPORTANT: If the accident was your fault, you may be responsible for damages suffered by the other person/people involved. In the case that they sue you, it is very important that you show up for the court date. Failure to attend will result in a judgement that awards the person/people suing you everything they demand. You will then be responsible for paying them whether or not you have insurance. Ignoring the court dates and/or judgement could result in damaged credit or loss of your driver's license. If you cannot pay the judgment against you, the court can set up payment plans.
SAMPLE EMERGENCY ACCIDENT FORM
HOUR___________ A.M. OR P.M. DATE____________
YOUR NAME______________________ ADDRESS__________________________
LOCATION OF ACCIDENT____________CONDITION OF STREET_____________
VISIBILITY__________________________DRIVER_________________
WHAT HAPPENED (briefly)________________________________________________
POLICE AUTHORITY INVESTIGATING_____________BADGE #________________
NAME(S) OF POLICEMEN____________________ADDRESS___________________
OCCUPANTS OF YOUR CAR_____________________________________________
WITNESSES: (other than occupants of your car)
NAME____________________________ ADDRESS__________________________
NAME____________________________ ADDRESS__________________________
NAME____________________________ ADDRESS__________________________
OTHER CAR
DESCRIPTION OF CAR______________LICENSE#__________DL#____________
OWNER/DRIVER____________________ ADDRESS_________________________
DESCRIBE DAMAGE TO OTHER PROPERTY_____________________________
OWNER____________________________ ADDRESS________________________
INSURANCE CARRIER________________ POLICY #_______________________
NAME OF INSURED___________________ PERIOD OF POLICY_____________
WHO WAS INJURED?
NAME_________________________ ADDRESS _______________________
NATURE OF INJURY___________________________ AGE _____________
NAME_________________________ ADDRESS _______________________
NATURE OF INJURY __________________________ AGE ______________
WHERE TAKEN?_____________________________________________________
DIAGRAM OF ACCIDENT
INDICATE:
- NORTH DIRECTION
- POSITION OF CARS BEFORE AND AT TIME OF COLLISION
- NAMES OF STREETS.
- STOP SIGNS, SIGNAL LIGHTS, CENTER LINES, DISTANCE AND DIRECTION OF SKID MARKS.
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