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This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas

What To Do After A Car Accident

You may be in shock immediately after your car accident. These feelings are natural after a traumatic event and it may be difficult to remember what to do after a car accident; reviewing these basic steps will help you.

Knowing what to do in the moments immediately following a car accident is only a small portion of the necessary information you need to know about car accidents, but the information is nevertheless essential.

Call our experienced car accident lawyers toll-free or email us as soon as possible after your car accident for the help you need.car accident attorneys

What To Do After A Car Accident

First, the most important rule to remember by far is to stay at the accident scene. Do not, under any circumstances, panic and drive away. Although you may fear the consequences of your car accident, the penalties for leaving the scene are far worse.

The only exception to this rule is if your accident occurs in a rural or deserted area and you fear for your safety. If this is the case, leave the accident scene and drive immediately to the nearest police station and report the accident.

Initial Steps

Check the injuries of everyone involved and provide any necessary medical treatment. After everyone appears relatively stable, call 911 and report the accident to the police.

Make sure a proper police report is filed. A police report can be a valuable piece of information if, later on, you are attempting to determine whether you have a legal claim due to the accident.

Gathering information is next. Exchange names, license numbers, and insurance information with all other drivers involved. Speak with any witnesses and ask them to describe what they saw. Get their names and phone numbers as well.

Do not say anything about who was at fault. Any admission, no matter how slight, could have serious legal repercussions. Remember that it is usually never clear who caused an accident in these initial moments.

Insurance Concerns

There are several important things you need to know in terms of how to deal with car insurance after an accident. Inform your insurance company as soon as is reasonably possible that you have been involved in a car accident.

The most important rule here is honesty. Do not lie to your insurance company about any fact regarding the accident, no matter how insignificant it seems. Aside from any potential legal liability this may entail, your insurance company can use your dishonesty against you by refusing to approve your claim.vehicle crash lawyers

What To Document
Take photographs of your vehicle, documenting the damage from the accident. This valuable photographic evidence will help you not only with your insurance company but also with any future legal claim.

Document everything related to any medical treatment you receive as well. Save copies of all medical reports and bills you receive. This documentation will prove invaluable if you need to prove how much your damages were.

Some Final Tips
Texas law also requires that you move your vehicle to a safe place after an accident if possible. If you do not comply with the rules surrounding car accidents, your driver’s license could be suspended for up to three years if injuries are involved.

Once things have calmed down, you may wonder if you have a legal claim. If a negligent driver caused your accident, you may be able to receive financial compensation for your injuries.

If you’ve been hurt in a car accident, you deserve sound legal assistance. Call our car accident lawyers toll-free or email us today.

personal injury attorneys

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You should be aware of your rights, particularly on the subject of personal injury claims, even if you prefer to just simply reach an amicable settlement with the offending party than go to court. If you ever experience an accident, you will realize how disturbing the accident can be if you are suffering from the negative effects of what happened. Even if you want to simply put the accident behind you, there are many factors you cannot just forget.personal injury attorneys

The outcome of any injuries may be minimal or serious. You can forgive and forget or settle amicably quickly with the other party if you had suffered bruises and you believe that the pain will not significantly impact your daily life. However, you can never be sure what will occur once you find yourself in an accident. It is advisable to be armed for the fight ahead by the knowledge of what steps to take in case of an accident.

It is important to gain further knowledge about the subject. You can do this by conducting basic research. Look at books that discuss the subject. Browse through the pages before making your purchase to make sure you are getting a book written for people who are not very familiar with legalese. You can also check out websites that deal with personal injury claims. Personal blogs containing people’s experiences will be a lot of help. Also look up professionals’ websites that provide legal services and find out what you will experience once you have filed your injury claim.

If you lack the time to conduct basic research, here are some pointers that can help you when you find yourself in accident and have determined that you are eligible to file an injury claim.

1. Remember that if the accident is not your fault, you always have the option to file a compensation claim. Some people may just opt to put the accident behind them, especially if the injury is very minimal or the party is eager to settle immediately. If the injury is major and you think that it will cause more problems in the future, you have to do some serious thinking before you disregard the signs and before you decide to forget about the accident.accident injury law

2. Photograph all angles of the accident. Use your cellphone camera to take pictures of all evidence that is visible at the scene of the accident. If you are unable to take pictures, ask another person to perform this task for you.

3. Take note of all details that will be asked of you when the investigation of your case starts. Write down the time, date, weather condition, location and circumstances of the accident.

Seek the services of a lawyer to help you build a strong case for your personal injury claim. Make sure to hire the right lawyer who will handle your case for you. Consultation fees with a lawyer are usually waived. Lawyers will be compensated after they have won the case.

Incompetent Defendant Appeared Pro Se

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Here’s a tip for all you trial attorneys out there: don’t proceed to trial against a (possibly) mentally incompetent defendant in her late eighties appearing pro se. And remember your Rule 10 notices. At least that’s the message from the Supreme Court recently.

The case is procedurally complicated enough that I won’t repeat it here, but here’s the gist of it: Juanita Stands was driving in “advanced twilight” on  the highway. Clark Rice was driving a tractor on that same road, and his tire extended in Stands lane. The tractor’s lights were not luminated and Stands struck the rear tire, which sent her spinning into Vianna Stewart, who was traveling in the opposite lane. Stewart and Stands sued everyone (inlcuding, initially, each other) and also named Rice’s mother, Edythe on the theories of respondeat superior and negligent entrustment.

At least initially, the Rices were represented by counsel. However, as the case drug on (it took five years until trial apparently) they could no longer afford their defense. In January of 2011, Clark’s counsel filed a motion to withdraw based on his inability to pay. Clark consented to the withdrawal, and the Court granted the motion. On January 10, 2011, Stewart served a Rule 10 notice on him.

On January 21, 2011, Edythe’s attorney filed a Motion to Withdraw and Motion to Continue. In addition to his request to withdraw, the attorney submitted an affidavit raising significant questions about Edythe’s mental health and requesting that a conservator be appointed prior to any further proceedings because it would be “an injustice to require [an] incompetent woman to proceed to trial without representation.”

On February 4, 2011, her attorney filed a motion asking the Court to allow Edythe to testify by deposition, again raising concerns about her mental health. On May 6 the District Court granted the motion to allow her to testify by deposition and on May 18 it allowed her attorney to withdraw. Both Clark and Edythe proceeded to trial pro se (without an attorney). Edythe was (mostly) physically present, but did not present any evidence or participate in the trial.

A bench trial was conducted, and the District Court concluded that Clark was negligent per se for violating three traffic statutes, and that each violation was an actual and proximate cause of the resulting collisions. Further, Edythe was found vicariously liable for the injuries because Clark was her agent and he was acting within the scope of his duties at the time of accident.

However, on appeal Edythe obtained counsel. The Supreme Court found that “that [Court’s] failure to evaluate Edythe’s competency prior to trial raises significant questions of the fundamental fairness of the proceedings with respect to her unrepresented participation in the trial.” Id., ¶ 31. The Court also ruled that the failure to provide Edythe with a Rule 10 notice “prejudiced her substantial rights and constitutes reversible error.” Id. ¶ 35. The Supreme Court passed on deciding the due process claims Edythe raised on appeal because the first two issues were already dispositive.

The Court reversed the judgment against Edythe and remanded the case for an evaluation of Edythe’s need for a conservator and new trial as to her vicarious liability only.