Help! Need Advice - Car Accident/Lawyer

My daughter totaled her car last night; I was the passenger. She's fine, but I spent the night in the ER - no broken bones but was sent home with a sprained nack and back, now in incredible pain with numbness in my left arm.
We were approaching an intersection, a truck was sitting in the left-hand turning lane on the opposite side and for whatever reason, turned in front of my daughter - she couldn't stop. We smashed into the truck going about 45 mph, my side got the worst of the impact. The occupants of the truck were teenagers and there are questions about substance abuse. We had a witness who stopped and gave a statement.
I've never been in a situation like this and don't know the first thing about what I should do. I think I need an attorney and further medical treatment. Any advice/tips on how to handle this are greatly appreciated. I can't even think straight right now thanks to the lortab and flexeril.
Sucks. :cry:

There is another DU'er who is a lawyer in Texas..she does disability law but can probably make you a recommendation for a lawyer.

DO you have health insurance? Do get medical care regardless of whether you have a lawyer if you do have health insurance. That much will not harm your case.

I do injury law in California not Texas..so beyond that I can't advise..but the DU'er is a long time Du'er, "lastliberalintexas" and is quite credible.

I do have health insurance; the driver has State Farm Auto. I'm in San Antonio. :hi:

Most states require her to do so within 24 hours. DO see a doctor.

In any event, make certain to get a Texas lawyer. ASAP.

Did the police write a summons for the trucker or indicate in the police report that the truck driver was at fault? Do not sign or say anything that makes a statement about the crash (not an accident) or your condition. Insurance companies love to arrange a quick settlement that limits their liability.


You may have continuing pain and disability for a long time. You may lose time at work. You may not be able to work. You may not be able to take care of your home. You may not be able to have sex with your mate. Do not scam the system, but do not sign away compensation for legitimate injury and loss. Talk to a lawyer.

and a witness in a car behind us stopped and gave a report corroborating what happened - I have her contact information. And don't worry, I won't sign anything.

police report?

I'm sorry about your injury. My daughter had a fenderbender the other night - one that was just enough to total out her own car and that of her friend (whom she rear-ended). :eyes:

I'm so sorry about your daughter's accident and her friend. Hope they're OK. :hi:

Sorry to hear about your accident - hope you will both recover.

Your instinct to contact an attorney is correct. I would suggest also to write down all your observations while they're still fresh in your mind.

But, as mentioned, DU does not (and cannot) give out legal advice, and we would not suggest soliciting it from anonymous members. Please do contact an attorney in the next 48 hours.

Then contact a good attorney and follow their advice. Don't sign anything nor talk to any insurance companies or their representatives without legal council.

Do not give them a statement and do not agree on a settlement without consulting with an attorney. I'm not a lawyer, but have been in several accidents where I was the passenger and the other car was at fault. As soon as either of you talk to them, whatever you say will be used against you. Don't sign anything either. My advice (like I said, not professional just speaking from experience), get a lawyer ASAP and make sure to let her insurance company know as well.

An adjustor for State Farm will be calling you and your daughter for a statement any time now. DO NOT talk to them about the accident until after both of you have consulted a lawyer. When they call you, simply say, "I'm not going to discuss this until I have talked to a lawyer." Say nothing more. The adjustor will not accept your answer and will try to change your mind. Don't fall for it. Hang up on the adjustor if you have to.

DEFINITELY continue to get medical treatment.

Call a lawyer ASAP.

You may have a claim against your daughter's insurance company, so don't talk to them either, until you have consulted a lawyer.

Her daughter has to tell HER carrier within 24 hours that they were in an accident and give general details.

She does have a claim against her daughter's company. She was a passenger. She can tell them general info.

Please don't advise people unless you know the law.

They can give WHERE the accident happened. When. Whether they were injured and the iformation concerning the other party to THEIR carrier.

They are under NO OBLIGATION to discuss it with THE OTHER PARTY'S carrier.

Nowhere do I advise the daughter not to report the accident to her insurance company. Also, please state upon what authority you are relying to assert that the daughter must report the accident to her carrier within 24 hours.

If you had any experience in personal injury law, you would know that the worst thing a client could do at this point would be to talk to an adjustor or give a statement.

My advice is very sound.