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Post by GBarton

Oct 24 — 2023

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What to Do After a Car Accident in San Antonio — The First 24 Hours

The actions you take in the first 24 hours after a car accident in San Antonio have more influence over the outcome of any injury claim than almost anything that happens afterward. Evidence disappears. Injuries that seem minor at the scene present as serious conditions 24 to 48 hours later. Insurance adjusters begin building the company’s defense before you have spoken to an attorney. And statements made at the scene or on the phone with an insurance company in the hours following an accident are among the most damaging evidence in personal injury cases — not because they are false, but because they are made before you have a complete picture of your injuries or of what caused the accident.

This post walks through exactly what to do — and what not to do — in the first 24 hours after a car accident in San Antonio, with specific reference to how these decisions affect your ability to recover compensation under Texas law.

Step 1 — Check for Injuries and Call 911

Before anything else, assess yourself and any passengers for injuries. If anyone is injured, call 911 immediately. If you are unsure whether anyone is injured, call 911 anyway — the police report generated by the responding officer is one of the most important documents in any subsequent insurance claim or personal injury lawsuit, and it is only generated if law enforcement responds to the scene.

Do not move injured persons unless they are in immediate danger from fire, traffic, or another imminent hazard — moving an injured person unnecessarily can worsen spinal injuries. If the vehicles are drivable and can be moved to a safe location without disturbing physical evidence, do so only after the police have documented the scene or after you have photographed it thoroughly.

Step 2 — Document the Scene Before Anything Is Moved

Use your phone to photograph and video everything at the scene before vehicles are moved, before debris is cleared, and before conditions change. Photograph the positions of all vehicles involved, all visible damage to every vehicle, skid marks and road debris, traffic signals and signage, weather and road conditions, any visible injuries, and the license plates of all vehicles involved.

This documentation is time-sensitive in a way that most accident victims do not appreciate. Skid marks fade. Debris is cleared. Vehicle positions are reconstructed from memory rather than from physical evidence. A thorough photo and video record taken at the scene is frequently the most important evidence in determining fault and reconstructing what happened — and it is evidence only you can preserve in the minutes immediately following the accident.

Step 3 — Exchange Information but Limit What You Say

Exchange the following information with every other driver involved — name, address, phone number, driver’s license number, license plate number, insurance company and policy number, and vehicle registration information. If there are witnesses, ask for their names and phone numbers before they leave the scene.

What you do not do at the scene is admit fault, apologize, or make any statement about how the accident happened beyond the basic facts of what occurred. This is not about being dishonest — it is about recognizing that in the immediate aftermath of an accident, with adrenaline elevated and a full picture of the facts not yet available, statements made at the scene are frequently inaccurate and almost always used against you.

Do not say “I’m fine” or “I don’t think I’m hurt” at the scene. Many serious injuries — including whiplash, soft tissue injuries, concussions, and internal injuries — do not produce obvious symptoms immediately. A statement that you are not injured made at the scene becomes evidence an insurance adjuster will use when your symptoms present fully 24 to 48 hours later.

Step 4 — Cooperate With the Police Officer but Understand What You Are Required to Say

You are required to provide your name, driver’s license, proof of insurance, and vehicle registration to the responding officer. You are required to answer questions about what happened in a general factual sense. You are not required to speculate about fault, estimate speeds, or make statements that go beyond the basic facts of the collision. Provide what is required factually and accurately, and leave fault determinations to the investigation.

The police report generated by the responding officer will note any citations issued, the officer’s assessment of contributing factors, and statements made by each driver. Review the report carefully when it becomes available — typically within five to ten business days through the San Antonio Police Department or the Texas Department of Transportation — and contact an attorney promptly if the report contains inaccurate information that should be challenged.

Step 5 — Seek Medical Attention the Same Day

Even if you do not feel seriously injured, seek medical attention at an urgent care clinic or emergency room the same day as the accident. The medical records generated by that visit establish a contemporaneous connection between the accident and your injuries — a connection that is significantly harder to establish when treatment is delayed by days or weeks.

Insurance adjusters are specifically trained to argue that a gap in treatment indicates the injuries were not serious or were not caused by the accident. A same-day medical visit eliminates that argument. It also protects you from the common situation where injuries that seem minor at the scene — a stiff neck, a headache, back soreness — develop into more significant conditions in the days following the accident, at which point documented treatment history becomes essential to establishing the nature and extent of your injuries.

Tell the treating medical provider exactly what happened — that you were in a car accident, the mechanism of impact, and every symptom you are experiencing, even ones that seem minor. Medical records that document only the most obvious symptoms at the time of the visit frequently fail to capture the full picture of what the accident caused, which affects both your treatment and any subsequent compensation claim.

Step 6 — Do Not Speak to the Other Driver’s Insurance Company

In the hours and days following the accident, the at-fault driver’s insurance company may contact you — sometimes within hours of the accident, before you have seen a doctor or consulted an attorney. The adjuster is professionally trained to gather information that limits the company’s liability exposure. They may ask you to provide a recorded statement, to describe your injuries, or to confirm details about how the accident occurred.

You are not required to speak with the other driver’s insurance company before you have retained an attorney. Politely decline to provide a recorded statement or to discuss the details of the accident until you have legal representation. Provide your name and contact information if asked, and refer them to your attorney once you have retained one.

Your own insurance company is different — you are typically required under the terms of your own policy to cooperate with your insurer’s investigation, and failure to do so can affect your coverage. Review your policy or ask an attorney about your specific obligations to your own insurer.

Step 7 — Preserve All Evidence and Begin Documenting Your Injuries

From the day of the accident forward, preserve every piece of evidence related to the accident and your injuries. Keep all medical bills, treatment records, prescription receipts, and documentation of any medical equipment or assistive devices. Keep a written journal documenting your daily symptoms, pain levels, limitations on your activities, and the impact of your injuries on your work and daily life. Photograph your injuries as they develop — bruising, swelling, and visible injury often look worse in the days following an accident than at the scene itself.

Save all communications related to the accident — emails, text messages, and written correspondence with insurance companies, medical providers, and anyone else involved. Do not post anything about the accident or your injuries on social media — insurance defense teams routinely monitor claimants’ social media for evidence that contradicts injury claims.

Step 8 — Contact a Personal Injury Attorney Before Accepting Any Settlement Offer

The most consequential decision you will make after a car accident in San Antonio is whether to accept an early settlement offer from the insurance company or to consult with an attorney before doing so. Insurance companies frequently make early settlement offers — sometimes within days of the accident — before the full extent of your injuries is known, before you have completed treatment, and before a complete picture of your future medical needs and lost income has been developed.

Signing a settlement release extinguishes all future claims arising from the accident — permanently. If your injuries turn out to be more serious than they appeared when you accepted the early offer, you have no recourse. An attorney who evaluates your claim before any settlement is accepted can assess whether the offer reflects the full value of your damages — including medical expenses past and future, lost income and reduced earning capacity, pain and suffering, and any permanent impairment — or whether it represents a fraction of what you are entitled to recover.

Under Texas Civil Practice and Remedies Code Section 16.003, the statute of limitations for personal injury claims in Texas is two years from the date of the accident. That deadline is absolute — a claim filed after two years is barred regardless of the merits. While two years seems like a long time, the practical timeline for building a strong personal injury claim — completing treatment, documenting injuries, obtaining expert opinions, and negotiating with the insurance company — is measured in months, not years.

At Barton & Associates, personal injury consultations are free. Call 210-500-0000 any time, 24 hours a day.

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