Like the majority of states, Texas has a fault-based car accident law that holds the person responsible for the accident financially accountable for the damages caused to others. This includes personal injury damages, such as medical expenses, lost wages, and compensation for pain and suffering, as well as property damage expenses.
Under this law, an injury victim has the burden of proof to demonstrate the at-fault driver’s negligence, which proves the driver’s liability. Knowing what evidence to gather beginning at the scene of the accident when possible can greatly benefit your Addison car accident claim.
Preserving Evidence at the Accident Scene
Of course, severe injuries in a car accident can leave you incapacitated and unable to take any action, so you may be depending on others at the scene for help. However, if you can safely use a cell phone, you can call for help and then preserve important evidence at the accident scene before emergency services move the vehicles. Use a cell phone to do the following:
- Call 911 to report the accident and request emergency services
- Take photos of the damaged vehicles
- Photograph the accident scene, or as much as you can safely photograph from your position while you wait for help
- Take photos of any visible injuries
- Add the contact information of the other driver or drivers
- Add the contact information of any eyewitnesses to the crash
You should always go directly to a hospital from the accident scene, even if you feel like your injuries are minor. Under the fault-based injury law in Texas, going straight to a hospital establishes evidence that your injuries occurred in the car accident.
Some types of car accident injuries have delayed symptoms, only showing signs once inflammation or internal bleeding sets in. For this reason, you should always seek medical care after a crash and request a full medical evaluation.
Evidence of Your Injuries and Related Damages
Injuries require expensive medical care and often time away from work. In catastrophic injury cases, it may make it impossible to return to work in your previous capacity, or at all. To recover the maximum compensation available in an Addison personal injury claim, you must have evidence of your financial losses. You can use the following evidence in your claim:
- The medical report showing your injuries, the doctor’s treatment recommendation, and your prognosis
- Your medical bills, invoices, and receipts for injury-related expenses
- Statements from your employer showing your lost time from work and/or how the injury prevents your return to work
- Tax forms and direct deposit slips showing your normal weekly income
Texas car accident claims are almost always filed against the responsible party’s auto insurance policy. Unfortunately, the insurance company is not on your side, even if they sound compassionate on the phone. They often quickly reach out with a lowball settlement offer before you know the full extent of the total damages you’re facing. The insurance adjuster’s job is to protect the company’s profits, which is always at your expense.
Gathering evidence and hiring an experienced Texas car accident lawyer to represent your best interests throughout the investigation process and settlement negotiations helps to maximize the chances of a favorable outcome in your case.