The things that you do in the moments after a hit-and-run in Texas matter because these seemingly small decisions can impact your case, insurance, and legal coverage during recovery. Unfortunately, there are often common mistakes made in these critical moments, causing accident victims to hurt their chances of compensation. Some of these issues could even lead to legal problems.
While the hope is that you won’t ever be in this situation, it’s critical that you know what to do (and what not to do) after a hit-and-run accident. In this article, we are going to outline some of the most important details that you need to know.
What Counts as a Hit-and-Run in Texas
How do you know if the accident falls under the classification of a hit-and-run? Here are the things that are considered to determine if it was a hit-and-run:
- An accident happened, and one party left the scene without sharing their contact information or offering help to the other people involved.
- Texas hit-and-run laws apply to both vehicle-to-vehicle crashes and vehicle-to-pedestrian accidents.
- It can be a criminal offense if anyone leaves the scene prematurely. Even if the damage seems minor, you should stay there until first responders come to report the accident.
Mistake #1: Not Reporting the Accident
The first mistake that we see with hit-and-run accidents is that the parties involved decide not to call the police. It doesn’t matter how minor or severe the accident seems to be; the most important thing that you need to do is contact the police right away.
This police report is critical for your insurance claims and any legal action that needs to be taken to get the compensation that you deserve. If the reporting is delayed, then it could cause problems with your case because of claim denial or penalties.
Mistake #2: Failing to Gather Evidence
The next in our list of hit-and-run accident mistakes is not gathering evidence that can help prove liability or establish the circumstances of the case. We recommend that you gather as much evidence as possible, including photos of the damage and injuries, the location where it happened, and any debris in the area.
Talk to witnesses for more information and collect their contact details in case they need to be interviewed later. Look for nearby cameras or businesses that might be able to provide footage of the scene and accident.
Mistake #3: Delaying Medical Care
Make sure to visit a doctor as soon as possible, even if your injuries seem minor. You need medical records and documentation to help with your hit-and-run insurance claims. If you wait to seek treatment, then it has a negative impact on your recovery and weakens your insurance claim.
Always get checked in a medical clinic, even if it feels like you are ok. Certain accident symptoms don’t start to show up until a few hours or days after the accident.
Mistake #4: Not Telling Your Insurance Company
Some people are worried about their insurance premiums going up, so they don’t notify their insurance provider in a timely manner. If you don’t have insurance information from the other driver because the person fled the scene, then know that you might have coverage through your own insurance policy, known as uninsured motorist coverage.
Most policy terms require prompt notice, and there is a small window of time that needs to be met. So, reach out to your insurance company and talk to a hit-and-run lawyer in Texas without delay. These are some of the first phone calls that you should be making after the accident.
Mistake #5: Admitting Fault or Guessing What Happened
Never say anything that might indicate that you were partially at fault and don’t guess about the circumstances of the accident. Be careful to make sure that you are only sticking to facts when talking to the insurance companies or police officers.
It’s bad to speculate about what the other driver was doing. Remember that anything you say could potentially be held against you. So, share the factual details without expounding on anything else. Also, it’s best to consult with your hit-and-run lawyer in Texas before talking to the insurance adjusters.
Mistake #6: Not Calling a Lawyer
You need legal representation during this time to help you get the best compensation possible. Our legal team is here to help you understand your rights, deal with the insurance companies, and build a strong case that will get you fair compensation.
Having a legal advocate is especially important if you are wrongly blamed in the situation. You need a team that can prove liability and gather the necessary evidence to back your claim. Don’t wait until you are overwhelmed or things are going well… it’s better to contact an experienced lawyer right away.
Penalties for Leaving the Scene in Texas
If you are involved in a hit-and-run in Texas, then it’s important to know that the associated laws carry serious consequences for leaving the scene. You should stay in place until the police come. The only reason to leave is if the medical emergency response team determines that your injuries are serious enough to require immediate treatment, so they rush you away to the emergency room.
Leaving after a crash can be charged as a felony, resulting in complicated legal issues in the future. Even if the accident is only a fender-bender, you could face serious consequences such as having your driver’s license suspended or even jail time.
What to Do After a Hit-and-Run
These are the steps you should follow after a hit-and-run in Texas:
- Call 911 and report the accident
- Gather evidence and witness info
- Get medical help
- Notify your insurance carrier right away
- Contact a lawyer to help protect your claim
FAQs
Is a hit-and-run a felony in Texas?
Yes, if you leave the scene and the crash caused injury or death, then it could result in felony charges.
Will my insurance cover damages from a hit-and-run?
Coverage varies on your policy, but many drivers have uninsured motorist coverage that often applies to hit-and-runs.
A Lawyer Can Help with Your Hit-and-Run Case
Hiring a lawyer is one of the best things that you can do during this time. Our legal team will guide you through filing claims, gathering evidence, and helping you get the compensation you deserve. For more information about these legal services, Wormington & Bollinger is here to help. Contact us today.