What To Do After Being Hit By A Car In Fort Worth, TX

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Fort Worth roads are filled with traffic and activity every day. Drivers, motorcyclists, bicyclists, and pedestrians share the streets, each hoping for a safe journey. But unfortunately, being hit by a car can happen when you least expect it. During the aftermath, you could be facing serious pain, confusion, and uncertainty.

If you’re not sure what to do, this guide will walk you through the steps on how to protect your health and rights after being hit by a car as a pedestrian or bicyclist in Fort Worth, TX.

What's the first thing I should do after being hit by a car?

The first thing you should do is call the police immediately. Some people hesitate to involve law enforcement, especially when a traffic accident seems minor. However, having police at the scene serves several important purposes:

• Safety: Accident scenes can be dangerous. Police officers help secure the area and prevent further incidents.
• Medical assistance: They ensure that anyone injured receives prompt medical attention.
• Official documentation: Officers will create a Texas Peace Officer's Crash Report. This document includes details about your traffic accident, including a narrative and diagram of the event.

Should I see a doctor even if I feel fine?

After being hit by a car, adrenaline can mask pain and injury symptoms. You might feel shaken up, but otherwise, okay. However, many serious injuries, such as concussions or internal bleeding, don't show immediate symptoms, especially if you’re feeling shock and adrenaline.

Pedestrians who are hit by cars often suffer from common injuries like fractures, sprains, head trauma, and soft tissue damage, which may not be immediately obvious. Visit a doctor or emergency room as soon as possible after being struck by a vehicle. A medical professional can:

• Identify hidden injuries: Some injuries, such as internal bleeding or concussions, may not present immediate symptoms but can be life-threatening if left untreated. A thorough medical examination can reveal these hidden injuries and prevent potential complications.
• Start necessary treatment promptly: Early diagnosis and treatment are crucial for recovery. Quick medical intervention can help prevent injuries from worsening and reduce the risk of long-term health issues. For example, setting fractures or treating soft tissue injuries early can improve healing outcomes.
• Create a medical record that links your injuries to the traffic accident: Having a documented medical evaluation immediately after the accident establishes a clear connection between the incident and any injuries sustained. This record is essential for insurance claims or lawsuits, as it provides concrete evidence that the injuries were caused by the accident.

What information should I collect at the accident scene?

Gathering information from the crash scene can streamline the claims process and help your pedestrian accident attorney build a strong case.

While collecting this information, remain calm and composed. Avoid discussing fault or apologizing, as these statements could be used against you later. Stick to exchanging necessary information and leave the fault determination to professionals.

Here's what you should collect:

• The details of the driver who hit you: Name, contact information, and insurance company.
• Vehicle information: Make, model, and license plate number of the car that hit you.
• Witness information: Names and contact details of anyone who saw the accident.

How can I document the accident scene after being hit by a car?

If you're able to, use your smartphone to take photos and videos of the accident scene. Visual records are crucial for providing evidence in your case, helping to reconstruct the incident and supporting your account of what happened. Important details to capture include:

• Damage to vehicles: Take clear photos of any damage to the vehicle that hit you, as well as any other vehicles involved in the incident.
• Overall accident scene: Capture the entire scene from different angles, showing the positions of vehicles, crosswalks, sidewalks, and any other relevant elements.
• Visible injuries: Document any injuries you have sustained, no matter how minor they may seem. This can include cuts, bruises, or more serious injuries.
• Relevant traffic signs and signals: Photograph any nearby traffic signs, signals, or road conditions that could have contributed to the accident, such as stop signs, traffic lights, pedestrian crossing signals, or hazardous road conditions.

What should I do in the days following the accident?

Once the immediate shock has subsided, take these steps to protect your rights and well-being:

• Document your account of the accident: Write down everything you remember about the incident while it's still fresh in your memory. Include details like the sequence of events, the location, weather conditions, and any conversations you had. Even small details can be important.
• Notify your insurance company: Inform your insurance provider about the accident. Share the basic facts, including who was involved and where and when it occurred. Avoid discussing the specifics of your injuries beyond mentioning that you are receiving medical treatment.
• Avoid communication with the other driver's insurance company: The other driver's insurance company may reach out to you for a statement. It's best not to engage with them directly, as they might use your words against you. Let your lawyer handle all communications with the insurance companies to ensure your interests are protected.

Why should I talk to a lawyer after being hit by a car?

Speaking with an attorney soon after your accident can significantly impact your case. A lawyer can explain your legal rights, options for seeking compensation, and what you should do to help secure a successful case outcome.

Additionally, an attorney can ensure you don't miss important deadlines. In Texas, you typically have two years from the accident date to file a lawsuit. However, the sooner you act, the better. An attorney can start building your case immediately by preserving evidence and witness testimony before they're lost or forgotten.

Plus, a lawyer can handle all communications with insurance companies and protect you from saying anything that could potentially harm your case.

What if I was hit by a commercial vehicle or as a pedestrian?

Traffic accidents involving commercial vehicles (e.g., trucks or buses) and pedestrians can be more complex. These cases often involve multiple parties and may require a more in-depth investigation. A lawyer will need to investigate the truck driver and the company that employs them by looking at:

• Electronic logging device (ELD) data: ELD data shows the driver's hours of service, rest breaks, vehicle speed, and route information.
• Black box data: Many trucks have event data recorders that capture speed at impact, braking patterns, steering inputs, engine performance, and dashcam footage.
• Maintenance records: These documents can reveal regular upkeep, known mechanical issues, and compliance with safety regulations.
• Driver qualification file: This includes driving history, training records, medical certifications, and drug and alcohol test results.
• Cargo records: This includes information such as the cargo weight, distribution, and securing methods.

How much compensation can I expect after being hit by a car?

The amount of compensation you may receive depends on several factors unique to your situation, including:

• Severity of injuries: More serious injuries generally result in higher compensation, reflecting the impact on your health and quality of life.
• Medical expenses: This includes both current medical bills and anticipated future medical costs related to the accident.
• Lost wages and impact on earning capacity: Compensation can cover the income you lost while recovering and any future reduction in earning capacity if you're unable to return to work or need to work fewer hours.
• Pain and suffering: This accounts for the physical pain and emotional distress caused by the accident.

Given these variables, it's crucial not to accept a settlement offer from an insurance company without consulting a lawyer first. Remember, insurance companies are in business to make a profit, so a lawyer can help you understand what constitutes fair compensation for your specific circumstances. An attorney will also assess your claim's value, considering your maximum medical improvement, to ensure you receive the compensation you deserve.

What if the driver who hit me was uninsured?

If an uninsured driver hits you, you may still have options to recover compensation. In Texas, insurance companies are required to offer you uninsured motorist (UM) coverage. This covers your medical expenses, lost wages, physical pain, and property damage if you’re hit by an uninsured driver. It also applies to hit-and-runs when the driver can’t be identified.

While you’re not required to carry UM in Texas, it’s highly recommended that you get it. This can save you a lot of trouble and money when the unexpected occurs.

Another option is to use your personal injury protection (PIP) coverage if you have it. This pays for your injuries, regardless of who was at fault. Insurance companies are required to offer $2,500 of PIP coverage. However, you could increase your coverage to $5,000 or $10,000 if you choose to. Like UM, you’re not required to carry PIP in Texas.

If you don’t have UM or PIP, you may be able to cover some of your medical costs with your health insurance plan. Just be aware that you may have to pay some out-of-pocket expenses such as co-pays and deductibles.

Take your case seriously from the start

If you've been hit by a car in Fort Worth, don't wait to seek legal help. The decisions you make in the aftermath can have long-lasting effects on your health, finances, and future. With over 25 years of experience handling personal injury cases in North Texas, Coby L. Wooten, Attorney at Law, P.C., can investigate crashes, deal with insurance companies, and fight for the full compensation you deserve.

Attorney Wooten has a proven track record of obtaining maximum verdicts and settlements for injury victims, including multi-million dollar outcomes for severe injuries and fatalities. Don't let evidence disappear or witness memories fade. Contact us online or call our Fort Worth law office today for a free case evaluation.

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