Mistakes to Avoid Following a McKinney Car Accident
There are several steps an individual should take following an automobile accident. When a person skips a step they could be at risk for health and legal problems. If a car accident victim refuses to get checked out by a medical professional, they may miss getting treatment for things such as organ damage, burns, and more. This is not only a mistake when it comes to their health, but also it could harm their claim if they choose to seek compensation from the negligent party.
To learn more about the mistakes to avoid following a McKinney car accident and how a lawyer could help you, call today. A dedicated car collision attorney could guide you through the proper steps you should take following a car wreck in order for you to maximize your compensation.
Admitting Fault Can Harm One’s Case
Admitting fault is one of the biggest mistakes to avoid following a McKinney car accident. It is not wise to make statements about fault or to apologize for an accident until all of the facts are known. This includes the facts around the other driver and the percentage of legal fault attributed to each driver. People involved in a wreck could answer factual questions, but they should not give opinions or admit fault. Admitting fault at the scene could increase the responsibility on the driver even if they later learned that another driver was primarily or entirely at fault for the wreck. That admission, especially on the scene, could affect the way juries interpret or determine fault in the case.
In addition, if there are potential criminal charges involved, it is never a wise thing to provide information, because anything anyone says could and will be used against them in court. A fault issue is an opinion, and no one can force the person to give an opinion. Factual descriptions about who was driving, how fast they were going, and similar details are completely appropriate, but opinions involving fault should generally be avoided.
The Risk of Issuing an Apology
Many people will apologize after an accident just as a way of being socially polite. The risk of apologizing is that the insurance company will use that statement against them even if the other driver is shown to be totally at fault. The insurance company will use that apology as a way to try to reduce or eliminate its obligation to pay. The State of Texas is a modified comparative negligence state, which means that the total compensation a person receives is reduced by the percentage of fault attributed to them. If their apology at the scene causes the jury to put ten percent of the fault on them, then their overall compensation will be reduced by ten percent as well. Additionally, the individual will not be able to recover anything at all for their injuries if they are found to be 51 percent or more at fault for the accident. The injured person should only talk about fault in the consultation with their attorney.
Refusing Medical Treatment
Refusing immediate medical attention is a mistake because it is difficult to verify the immediate effects of the wreck without it. The defense attorney could use the lack of a doctor’s visit or the lack of an ambulance ride to claim that the person is not injured badly, reducing the compensation that could be received. Even if the person is able to drive themselves to the hospital instead of riding in an ambulance, it is vital that they get treatment immediately so that there is initial documentation of any injuries.
One of the most common defenses used by the insurance defense lawyer is to question a person about gaps in treatment, lack of immediate treatment, or lack of medical complaints for an extended period of time after the wreck. The longer the period of time, the more the insurance company can use the timeline to argue that the injury is not a result of the wreck. For example, waiting two months to see a doctor about a back injury can make settlement much more difficult for the injured person and for their lawyer even with very good evidence of fault and evidence of a significant impact.
Call to Learn More About the Mistakes to Avoid Following a McKinney Car Collision
Immediately following a car accident it is best to speak to a committed attorney in McKinney. A lawyer could guide an individual through the legal system and help them make the determine the best route for them and their family.
Having a lawyer on their side could help an individual avoid the common mistakes to avoid following a McKinney car accident. An experienced lawyer could ensure that you have all the tools, resources, and knowledge to make decisions about your claim.