If you were involved in a crash over the holidays, you’re not alone. Traffic collisions increase significantly this time of year – especially in the days between Christmas and New Year’s Eve. In fact, in one survey, Houston was ranked second only to Los Angeles in the deadliest cities for holiday travel across the country. Certainly, drunk and other impaired drivers are to blame for many of these collisions.
If you were injured in a crash over the holidays caused by a drunk, negligent or reckless driver, you’re likely still focusing on healing, as you should. However, you’re likely also starting to think about getting the compensation to which you’re entitled to cover medical bills and other expenses.
Medical documentation is crucial
It’s crucial not to rush into a settlement the other driver’s insurer may offer. You need to make sure you have the strongest possible case.
For example, if you didn’t seek medical treatment after the crash, it’s important to do it now. Anyone who’s been involved in a crash should be evaluated by a doctor. Most importantly, they can spot injuries that might not be readily apparent. However, medical documentation after a crash can be critical to detailing the extent of your injuries. It also lets you link the cost of treatment, therapy and other medical expenses that may continue for months or even longer to your crash injuries.
Why each driver’s level of fault matters
If you’ve been talking to insurance company representatives representing the other driver, now is the time to stop. Anything you say can potentially be twisted into an admission of fault – even a simple expression of regret if the other driver was also injured.
Most crashes aren’t 100% the fault of one driver. That doesn’t mean the other driver(s) can’t get compensation.
Texas follows what’s called a “modified comparative negligence” or “51%” rule. That means as long as you were no more than 50% at fault for the crash, you can get some compensation. That’s why it’s crucial to accurately determine how the crash occurred based on the facts and evidence. The percentage of fault you’re assigned can make a significant difference in how much you can collect.
It’s a lot to think about, but the decisions you make in the days and weeks after a crash can determine whether you have the financial resources you need to cover your medical care, lost wages and other economic and non-economic damages. That’s why it’s crucial to have sound legal guidance throughout the process.