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What to Do in Case of an Accident Professor Richard M. Alderman University of Houston Law Center |
Failure to stop can result in serious criminal consequences.
If anyone is injured:
You may be liable for damages to approaching drivers, unless they are properly warned. If the highway is obstructed at night, illuminate the accident scene if possible.
Police officers, highway patrol officers, and sheriffs and their deputies are trained accident investigators whose testimony may be important if you later seek civil damages.
You should have an "emergency accident form" handy, available free-of-charge from the State Bar of Texas. Fill it out completely and be specific. Do not trust your memory.
Even if you feel you might be at fault, it is best to make no statements to anyone about who caused the accident. Certainly, you should cooperate with the police and answers questions about what occurred. You may learn later that the other driver was equally at fault, or more so.
Serious injuries do not always result in immediate pain or bleeding. If there is a chance that you may be injured, see a doctor.
The sooner your lawyer is brought into the matter, the better he or she can advise you and protect your rights. Your lawyer can obtain statements from witnesses while their memories are fresh, and do many other things to ensure that the true facts are preserved. Get your lawyers advice before giving any interviews or statements to investigators or adjusters.
An accident report is required by law to be filed with the Department of Public Safety within 10 days of the date of the accident if there is injury, death, or damages exceeding $500. An official form is available from your local police, sheriffs department, or highway patrol, or from the Texas Department of Public Safety.
Failure to do so may void your policy. Remember
that your vehicle must be covered by liability insurance. You
must carry proof of insurance in your vehicle at all times and furnish
this information to a law enforcement officer if involved in an accident. This page was adapted from the brochure, "What to Do in Case of an Auto Accident," prepared as a public service by the State Bar of Texas. For a free copy, which includes an "emergency accident form," call (800)204-222, Ext.2610.
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