In the moments immediately after a vehicle collision, you, your passengers, and the other driver are usually in a state of shock. The adrenaline released at this moment may obscure the injuries that you just received. When it comes to injuries involving whiplash or traumatic brain injury, the physical or cognitive impact of this damage may not reveal itself for weeks or months to come. This delayed recognition of injury is why it so essential to provide adequate documentation to ensure that the circumstances surrounding the crash are well-established.
Establishing driver fault
Texas is a fault state, which means that if the other driver is found to be at fault in a motor vehicle accident, you have the right to pursue compensation for damages from that driver and their insurance provider. In some cases, this fault may be ruled to be partial, thus reducing the liability of the driver primarily responsible.
Providing sufficient documentation of fault
The moments immediately after a crash are incredibly jarring. The first steps you need to take should involve assessing your situation, determining the physical injuries present, and being realistic about the amount of danger your current position or the state of the vehicle puts you in. Once you can establish that there are no pressing medical emergencies to attend to, you should call 911. Aside from dispatching medical personnel to the scene, this call will bring the police whose report is essential to your insurance claims. Here is some helpful information to providing evidence of driver fault after an auto collision:
- Police reports: Police reports are one of the main pieces of evidence used by insurance companies to establish fault. It is helpful to make sure that any witnesses to the crash get interviewed to capture the real circumstances of the crash. You cannot rely on the other driver to maintain a truthful recollection of events, especially if they are at fault.
- Medical records: A medical report of your injuries from a hospital visit (plus subsequent doctor visits) are crucial to providing a record of injury and for determining the amount of compensation necessary.
- Photo documentation: As long as you are in a safe location, you should take photos of the vehicles immediately after a collision. This orientation gives context and physical reference for how the collision occurred.
Pursuing the compensation you need
The financial and personal impact of auto collision injuries could mean years of treatment, pain and suffering, and the potential for lost wages due to disability. After an accident, it is in your benefit to contact a lawyer with experience in personal injury cases related to auto accidents to explore the options available to you.
