Waco Car Accident Attorney

Helping Victims of Auto Accidents in Waco, Baylor & Lorena

The aftermath of a car accident can be overwhelming and confusing. Knowing what to do after a crash can help you stay calm and ensure any legal process that follows is not unnecessarily hindered. As Waco car accident attorneys with considerable experience handling these matters, we can offer helpful guidance that can lead you toward better decisions that positively impact your ability to recover full compensation after any type of traffic accident.

What to Do Immediately After a Car Accident?

Although every case may be different, we can offer the following general steps to take after a car accident:

• Stay at the scene. It is very important to remain at the scene of a crash until police have arrived and told you it is okay to leave. If someone was injured, call an ambulance.
• Collect contact information from others involved. If you can, collect the name, phone number, address, and insurance information from any other drivers involved in the accident. If there are witnesses around, it can also be helpful to ask for their contact information as well.
• Take pictures of the damage. Documenting the effects of a car wreck can be extremely helpful when working out a personal injury settlement. Take pictures of any injuries you sustained, damage to your vehicle, or poor road conditions.
• Get medical attention. Your health should always be a priority after a crash. In the aftermath of a wreck, it is common for people to not immediately realize the extent of their injuries. Even if you're not sure you were injured, it is good to see a doctor just to be safe. Establishing medical records related to your accident is also a good idea if you choose to pursue a personal injury claim later on.
• If you were injured, continue to see your doctor regularly. Gaps in your medical history can make it appear as though you have recovered, even if you have not.
• Keep track of medical records. Whenever you see your doctor or receive a bill, keep track of what you owed, what your doctor said about your condition, and any medications that were prescribed. All of this information will help support a claim for compensation. The better your records, the better chance you will have of securing compensation.
• Do not talk to an insurance company or admit fault. Never say you are sorry or admit to doing something wrong after a car accident. It can expose you to legal liability. This is particularly important when you are talking with an insurance company. Any admission of fault may be used against you in a settlement. In general, it is best to say nothing to an insurance company — even your own — unless your Waco car accident lawyer is present. The insurance company has its own best interests in mind, not yours.
• Talk to a personal injury lawyer. Many people do not realize how expensive car accidents are. Many victims deal with more than just property damage costs. Medical bills, lost wages, and other expenses can make the aftermath of a crash financially challenging. At Milam & Fanning, PLLC, we can help you seek the compensation you need to recover physically and financially.

Our professional experience means that we can anticipate potential challenges and help you navigate them effectively. It is our mission to empower you with the knowledge to make informed decisions, supporting you every step of the way.

Have you been in a car accident? Call Milam & Fanning, PLLC, today at (254) 237-5602 or contact us online to schedule a meeting with our car accident attorney in Waco! 

What Not to Do After a Car Accident?

1. Leave the scene

The number one thing you should never do after an accident is drive away. This might be obvious to most people, but leaving a scene can be the worst possible choice. Some people feel scared when they see the damage, notice no one else is looking, and then book it. If you leave the scene and the other driver catches your license plate number then you can get into major trouble. This is especially true in cases where someone could be hurt. Failing to provide aid after a hit and run can result in 10 years in prison in Texas. Don't risk it.

2. Lose your temper

When someone has ruined a major aspect of your livelihood, it would be easy to blow up. Sometimes, they might be at fault and have the nerve to start yelling at you. Do not engage them, yell back, stomp around, or lose your temper. They could report your behavior back to their attorney and it can paint you in a bad light. This can hurt your case if it looks like you cannot control yourself. Keep it cool.

3. Start apologizing or explaining

The top way to hurt your case is to start apologizing. Although it seems rude to avoid an apology, never say things like, "Sorry, I didn't see you." The same goes for explaining to the other person what happened, such as, "I looked away for one second." Most people feel the urge to explain the situation from their side, but comments like these can easily turn into an admission of fault.

4. Speak with the other driver's insurance company or lawyer

Often times a new number will pop up on your phone not long after an accident, asking for information about the incident. It could be the driver's insurance company or even their attorney. They will want to know details about what you were doing and what you saw. Typically, this information will be twisted against you in court. Make sure to tell them to call your insurance company or your Waco car accident attorney instead.

It can be difficult to exhibit perfect behavior after a car accident. These are simply guidelines to help you achieve the best results when gaining back your lost damages. An experienced Waco car accident lawyer can help guide you through the process in order to get the most out of your case.

What Are Common Car Accident Causes on Waco's Roads?

Waco's ever-evolving infrastructure and busy roadways, such as I-35, are often bustling with cars, trucks, and commercial vehicles, making it important for drivers to stay vigilant. Accidents can happen at any time, especially in high-traffic areas, and understanding the common causes can help in preventing them. In Waco, distracted driving continues to be a major concern, with texting or using smartphones being common forms of distraction. Additionally, weather conditions like sudden rainstorms can impact road safety, creating slippery roads that increase stopping distances and reduce visibility. Speeding, often underestimated, contributes significantly to accident risk, especially on highways like I-35 where construction zones may be present.

Drunk driving remains a persistent issue, leading to severe accidents and fatalities. Local law enforcement continuously works to curb these incidents through checkpoints and awareness campaigns, but the responsibility ultimately lies with drivers to make safe choices. Knowing these factors can help Waco residents be more cautious on the road, not just for their safety but for the safety of all road users. By adhering to safe driving practices and being aware of the unique challenges Waco presents, drivers can contribute to a safer community for everyone.

How to Determine Liability in a Texas Car Accident?

Texas follows a modified comparative negligence rule, meaning that a driver can recover compensation if they are less than 51% at fault for the accident. If the injured party is partially responsible, their compensation will be reduced by their percentage of fault.

Proving liability requires gathering evidence such as:

• Police accident reports
• Witness statements
• Traffic camera or dashcam footage
• Accident reconstruction analysis
• Cell phone records (for distracted driving claims)
• Vehicle damage assessments

Three Important Steps to Follow After a Car Accident

However, you may not realize that the state of Texas and your insurance company require you to take specific steps after a crash. Here are three things you may not have known to do:

1) Provide written documentation to your insurance company

Yes, you probably knew to call your own insurance company to report your accident, but did you know you should also follow up in writing? The Texas Department of Insurance explains that you need to submit a written report to your insurance company in order to protect your legal right to prompt payment.

(After you've filed your claim, Texas law requires your insurance company to respond to you within 15 days. If it can't meet this deadline, it must explain the reason.)

2) Submit a crash report if the police weren't involved

If you sustained serious injuries, someone probably called law enforcement, and they probably investigated the accident. However, if you were involved in a rear-end collision or other minor accident, you may not have bothered to call the police.

In this case, the Texas Department of Transportation requires you to submit a report to them within 10 days if any of the following apply:

• You or anyone else was injured
• You think the other driver may have been drunk, uninsured or driving without a license
• The other driver left the scene (hit-and-run)
• Your vehicle suffered at least $1,000 of damage

If you fail to submit a crash report to the Texas Department of Transportation, you can be hit with a $500 fine.

3) Report any hit-and-run accident to the police

If the other driver hit you and then fled the scene, you may think it's pointless to file an accident report, especially if you are unable to remember any details about what the other car looked like. However, if you want to receive any money from the uninsured motorist coverage on your own insurance policy, you need to report the hit-and-run to law enforcement. If you don't, you won't be able to take advantage of uninsured motorist coverage.

FAQs About Car Accidents in Waco

What Should I Do If I Am Involved in a Hit-and-Run Accident in Waco?

In a hit-and-run accident, the responsible driver leaves the scene without providing their information, posing significant challenges for the victim. First, ensure everyone is safe and call emergency services to report the incident. Collect as much information as possible from the scene, like vehicle descriptions, witness accounts, and photographs, which can be crucial later. 

Filing a report with the Waco Police Department and informing your insurance company are vital steps, as this documentation can support an uninsured motorist claim under your own policy. Legal guidance can help you navigate this complex situation to pursue the compensation you deserve.

How Does Texas Law Impact My Ability to Claim Compensation After a Car Accident?

Texas operates under a 'modified comparative fault' rule, affecting how compensation is calculated. If found more than 50% at fault for an accident, you may be barred from recovering damages. Even if you hold less blame, your compensation can be reduced by your degree of fault. Understanding this principle is critical for protecting your rights. 

The 'statute of limitations' is another important factor, typically set at two years from the date of the accident. This legal timeframe underscores the importance of prompt action following an accident. Experienced legal professionals can help you understand these laws and how they apply to your situation, ensuring you maintain your rights.

Are There Any Local Roads in Waco That Are Notorious for Car Accidents?

While accidents can occur anywhere, certain roads pose greater risks due to traffic volume and conditions. For example, Interstate 35 is a critical artery through Waco, frequently congested and under construction, leading to visibility and navigation issues. Other areas like Valley Mills Drive and parts of Highway 84 are also commonly cited for increased accident incidences. 

These high-risk zones demand extra caution from drivers. Staying updated on local road conditions, adhering to speed limits, and being vigilant about construction zones and detours can help reduce the risk of accidents in these areas. Community initiatives and local government alerts often provide useful updates to keep residents informed.

What Are the Common Causes of Car Accidents in Waco?

Common causes include distracted driving, often due to mobile phone use, contributing significantly to accidents. Speeding remains a risk, especially in areas with unpredictable traffic patterns or swift changes such as lane closures due to construction, notably on I-35. Weather conditions, such as sudden downpours, can make roads slippery, further complicating driving in busy areas. 

Improvements in community awareness and educational programs aim to mitigate these risks, yet vigilance remains key. Understanding these causes can help drivers adjust their behavior and contribute positively to road safety. Awareness and proper preparation are invaluable in preventing accidents and ensuring safer journeys.

How Can a Waco Car Accident Lawyer Assist After An Accident?

After an accident, navigating legalities, insurance claims, and financial compensation can be daunting. A trusted Waco vehicle accident lawyer can provide invaluable guidance, helping you understand your rights and options. They can manage communications with insurance companies, ensuring your discussions are constructive and legally sound. 

Furthermore, lawyers can represent you in discussions or negotiations, working to secure fair compensation for damages incurred. Their experience in dealing with local traffic laws and prior accident claims offers insight into potential challenges, enhancing your chance for a favorable outcome. Partnering with a seasoned professional allows you to focus on recovery while they handle the complex legal components.

Contact a Waco car accident attorney for a legal consultation. Call (254) 237-5602 or reach out online to protect your rights!