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The blog from Leo & Oginni, Houston's Personal Injury and Trial Lawyers, covers a wide range of topics involving Texas law on car accidents, criminal cases, and more. Know what to do if you have sustained injury or a criminal charge by reading here.

What Should I Do if I Get into a Car Accident?

Published January 21st, 2020 by Leo & Oginni Trial Lawyers, PLLC

Everyday someone is injured in a car accident in the United States. Although this occurs often, people are unsure of what to do if they get into a car accident. If you drive a car or if you ride in a car then this article is for you.

MAKE SURE NO ONE IS INJURED

First, I tell me clients to make sure they're ok and if everyone in the car is ok. This is the most important step. If someone is severely injured then 911 should be contacted so that the proper first responders arrive at the scene of the car accident. Individuals and lawyers make the mistake of worrying about the legal side of the car accident rather than the injury. Calling 911 will serve to help those injured in the car accident and will help you build the credibility of your case. Once 911 is called to the scene, they will issue a police report to document the accident. Police reports will be discussed later on in this article.

TAKE PICTURES!!!

Second, PICTURES, PICTURES, PICTURES! A picture is worth a thousand words. The more pictures and videos you take the better. What should you take a picture of? Take a picture of the government identification card of the person that hit you, take a picture of their insurance card, and take a picture of the scene of the accident. In addition, take pictures of the points of impact for all cars involved in the accident. For example, if you are hit from behind then take a picture from the rear-end of your car and the front-end of the negligent driver's car. Moreover, if you or someone with you is able to take a video, then take a 360 video of the entire accident.

CALL THE COPS!

Third, Call the Cops! Far too often individuals get into an accident without calling the cops for fear that the accident is not that serious, the cops may take too long, or fear of holding up traffic. Ignore these fears and protect your interest as well as anyone around you. Police reports/crash reports are important because they help (1) identify all parties information and rather they have insurance or not, (2) police reports help give a depiction/image of the incident, and (3) police reports gives the officer's objective opinion as to who is at fault. These are only 3 ways out of many where a police report can be beneficial in your car accident case.


SEEK TREATMENT ASAP!

Fourth, you should seek medical treatment from a licensed medical doctor within 24 hours if you are experiencing any pain from the accident. Treatment can be sought at a hospital, local emergency clinic, or your family doctor. Gaps in seeking treatment can hurt your case. A gap is when there is a period of time from the date of the accident and the first date of treatment. A gap in treatment can occur if you start treatment, stop treatment, and then resume seeking treatment. Gaps in treatment is a tactic insurance companies use in order to affect the credibility/severeness of your injuries. That’s why it’s important to seek treatment immediately and continuously until you are feeling as close to 100% as possible.


MAKE A CLAIM--LESS IS MORE!

Fifth, make a claim with the negligent driver's insurance company. It is imperative that you AVOID talking in lengths about your injuries and AVOID giving details about how the accident happened. This is all you should say when making a claim about an accident:

1. Where it happened;

2. When it happened; and 

3. Who was involved. 

Treat this phone call as "anything you say or do can and will be used against you in a court of law." Every phone conversation with an insurance company is recorded, it's important that you don't fall for any of their traps. Do NOT give a recorded statement, and  Do not give them consent to record your statement. If you are asked about your injuries, you do not have to answer. If you feel obligated, then say "I'm in pain but I'll know more after my doctors visit." If you feel that you may say the wrong things/words when making your claim then give us a call and we can make a claim on your behalf.

Finally, call Leo & Oginni Trial Lawyers PLLC. It is imperative that you get a personal injury attorney involved as soon as possible and every step of the way. Insurance companies will push you around if they know you're not properly represented by someone that understands their tricks and traps. The insurance company starts to build their case as soon as you make your claim, which is why it is important to get an attorney involved to protect your interest. Message us now or give us a call at (713) 280-3204


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