Assisting Personal Injury Victims in the Pursuit of Justice and Financial Compensation Across Central Texas
Car accidents are one of the leading causes of death in Texas. Car crashes happen in the blink of an eye. Someone may be driving down the road and going about their day when the negligence of another person changes their life. Accidents can lead to serious injury, medical bills, missed time from work, pain, suffering, and other economic or non-economic damages.
Getting compensation for your losses involves dealing with the other driver's insurance company, which is never a good idea to do without legal guidance. Contacting a skilled Austin car accident lawyer immediately is essential for one injured in an auto wreck. If you've been injured in a car accident, reach out to our team of personal injury attorneys today.
Contacting a skilled Austin car accident lawyer immediately after an accident is essential. An attorney will protect your legal rights, assist you with the paperwork, and help you find the right doctors. Additionally, a lawyer will communicate with the auto insurance company on your behalf so you can focus on healing.
Contact a car accident lawyer in Austin for a free consultation to get your justice and recover compensation. Call our personal injury law firm at (888) 853-8169.
Are Car Accidents Common in Texas?
Although the city of Houston has the most motor vehicle accidents in the state, Austin has its own issues with car crashes affecting residents and visitors alike. According to the Texas Department of Transportation, Austin had nearly 13,000 auto accidents in 2022. These thousands of traffic accidents resulted in over 100 fatalities, over 500 serious accidents, and more than 3,000 suspected severe injuries.
Since the year 2000, not a single day has gone by where an individual has not died on the roads of Texas. The leading causes of auto accidents in Texas involve distracted driving, speeding, driving under the influence of alcohol or drugs, and other unexplained reasons for auto accidents.
In 2022, more than 46,000 lives were claimed in fatal car accidents across the country. Tragically, Texas is considered a fairly dangerous state for motorists. In 2023, the Lone Star State recorded over 15,000 motor vehicle crashes that resulted in serious injuries.
Rear-end collisions and Fender benders are the most common type of car crash in Texas and the most common type across the entire country. Rear-end accidents commonly occur at red lights, stop signs, and during stop-and-go traffic. Distracted driving or driver inattention is one of the leading causes of a rear-end accident.
Texas statistics show a significantly higher rate of male drivers and passengers dying in auto accidents than female drivers and passengers. Additionally, car accident fatalities among both genders were generally higher for young motorists between the ages of 18 and 25 years old.
Texas has seen a slight decrease in the number of fatal car accidents annually, but these numbers are still very worrying. In 2022, the fatality rate on Texas roadways was 1.55 deaths per every hundred million vehicle miles traveled, which reflected a 1.99% decrease from the year before.
If you or a loved one have been negatively impacted by an auto accident, you must know your Austin car accident resources, which include legal representation from a Texas auto accident attorney. Car accident lawyers in Austin, TX, will represent your case in pursuit of fair compensation for your injuries and other losses. Most personal injury cases settle out of court. Still, our law firm has the experience and confidence necessary to take your case to trial in pursuit of justice and financial recovery. Our Texas car accident attorneys have a 99%-win rate for trial cases, and we would be proud to represent your interests in a courtroom trial.
What Should You Do After Motor Vehicle Crashes in Austin, Texas?
According to data from the Texas Department of Transportation, there is a reportable car crash that injures at least one individual every two minutes and three seconds. Despite the tragically common occurrence of car, truck, and motorcycle accidents, very few among us know exactly what to do in the traumatic moments directly following the collision. Knowing how and how not to respond can safeguard your well-being and health while strengthening the validity of your personal injury claim.
You must stay put following a car crash in Texas. You must remain at the accident scene even if you want to leave to get help. Leaving a car crash scene, especially one in which an individual was seriously injured or killed, can bring about potential criminal charges.
Before leaving your motor vehicle, assess the damage to yourself and your passengers. If you are not too badly hurt, move your vehicle to a safe location along the side of the road so that it is out of the way of other moving vehicles. Then, leave your car and check on the injuries and wellness of anyone else involved in the auto accident. If someone is badly hurt, do not attempt to move them unless there is no other choice.
Call 911 to summon law enforcement and medical professionals to the scene of the crash. Police officers will create an accident report detailing the facts of the crash, the parties involved, and the time the accident took place. The police report will be valuable evidence to your Austin accident attorneys when it comes time for them to represent your case.
You must seek professional medical treatment following a motor vehicle collision. Even if you believe your injuries to be relatively minor, failure to get immediate medical attention could result in your case being devalued or dismissed. Additionally, some personal injuries do not manifest or may worsen with time, and failure to get medical treatment for those injuries could weaken your personal injury claim. Insurance companies are looking for any excuse to limit their exposure and save money in settlements. Do not make things easy for them by ignoring the doctor's orders or failing to see them.
While you should remain polite, if possible, you must never apologize or attempt to diminish the severity of your injuries when talking to anyone at the accident scene. Claiming responsibility for the car wreck or diminishing the seriousness of your injury could devalue your car accident claim.
Gather information from all parties involved in the auto collision. Take down names, contact information, driving license numbers, license plate numbers, and insurance provider contact information. If there were any witnesses to the car crash, attempt to get their information and even request that you record their statement about how the accident occurred.
Before leaving the wreck's scene, take pictures and videos of the damaged vehicles, debris in the road, street signs, roadway conditions, weather conditions, injuries to your person, and other valuable evidence.
If an insurance adjuster arrives at the scene and wants to speak to you, you do not need to answer their questions. Instead, direct them to your Texas car accident attorney for any questions. Remember that anything you say to the insurance adjuster or any documents you might sign at the accident scene could be used against your personal injury case. Never sign documents or admit fault for a car crash without your Austin accident attorney present.
If you have not done so already, now would be the time to reach out to car accident lawyers in Austin, Texas, to represent your interests. Our Texas law firm has extensive experience representing clients in various personal injury claims, including car accidents, rideshare accidents, motorcycle accidents, pedestrian accidents, commercial truck accidents, and more. Please schedule a free case review today to learn how our Austin accident lawyers may be of valuable legal assistance to you and your loved ones during this difficult time.
Does Texas Follow a No-Fault Policy for Car Accident Cases?
Texas operates under a traditional fault-based insurance system rather than a no-fault policy. This means that after a car wreck occurs, the individual deemed responsible for causing the accident is liable for any injuries and damages incurred. In Texas, drivers must carry liability insurance coverage, which covers bodily injury and property damage caused to others in an accident for which the insured driver is deemed at fault.
While no-fault insurance systems allow individuals to file claims with their own insurance companies regardless of who was at fault, Texas holds back on such arrangements. This could be seen as both advantageous and disadvantageous. On the positive side, victims may seek full compensation from the at-fault party, potentially covering medical expenses, lost wages, and pain and suffering. However, this can also complicate the personal injury claims process, as proving fault can lead to disputes between insurance companies and may involve lengthy negotiations.
In practice, if you are involved in a car accident in Texas, it's crucial to document the situation thoroughly and consider professional legal representation -- this can help ensure you receive the compensation to which you are entitled, especially in cases involving complex liability issues or significant injuries.
How to Determine Negligence After a Car Wreck Occurs?
In some auto accident cases, it's clear as day who is the legally at fault party behind the cause of the crash. In other car accident cases, various factors may have contributed to the crash, which can muddy the waters and make things less clear when determining fault or liability. Determining fault is essential to every personal injury case, as it allows injured victims to obtain financial compensation from the at-fault parties. If you cannot correctly identify who was responsible for the car crash, you may not be able to recover the maximum compensation for your personal injury case.
Potential parties who may be held liable in car accident cases include the following:
- Other drivers
- Motor vehicle manufacturers
- Car maintenance companies
- Vehicle part manufacturers, if a part or system was defective
- Corporations like Uber, Lyft, delivery companies, and more
Negligence in car accident cases is defined as a motorist's failure to practice ordinary or reasonable care behind the wheel of a motor vehicle. Alternatively, you can think of it as a motorist failing to do what any other reasonable person would have done in similar circumstances. To prove negligence in a car accident case, the injured plaintiff must prove the following four elements to show that the at-fault party acted negligently: duty, breach of duty, causation, and damages.
If it can be shown that the defendant owed a legal duty of care to the plaintiff under the circumstances, that's the first step. Then, you must show that the legal duty of care was breached by failing to operate a motor vehicle safely, such as reckless driving, drunk driving, or other negligent actions. As a result of the defendant's actions or inactions, the plaintiff suffered injuries. Finally, the plaintiff must show that the defendant's actions injured or caused them to suffer actual damages, such as lost time at work, motor vehicle repairs or replacements, and more.
An Austin car accident attorney at our law firm would proudly represent your legal rights as you attempt to establish negligence on the part of the other driver in your motor vehicle crash. To learn more about how our Texas legal team can assist you through the process of filing your personal injury claim, don't hesitate to get in touch with us to schedule your free initial consultation today.
What is Modified Comparative Negligence?
Texas is a modified comparative negligence state for car accidents. This legal doctrine allows for the division of blame among several parties involved in an auto accident. That means that even if you share a certain amount of fault for causing the crash, you may still have the right to recover compensation.
If you were partially responsible for causing the crash, your compensation will be reduced accordingly. For example, if a judge finds that you were 30% at fault for the car accident, your recoverable economic and non-economic damages would be reduced by 30%. For those fighting for the maximum compensation, it is crucial to establish that you were not in the wrong and that all fault rests on the shoulders of the other motorists.
Negligence laws vary wildly by state, so you must speak with a car accident lawyer in Texas for accurate information on your case. Under our modified comparative negligence system, if you were more than 51% at fault for the personal injury accident, state law prohibits you from recovering any form of compensation.
The car accident lawyers of our Austin law firm have years of experience representing clients in complex personal injury cases. An Austin car accident lawyer will do everything possible to potentially minimize your assigned fault, thus maximizing the compensation you stand to recover. To learn more about how a Texas car accident attorney could assist you with your case, please get in touch with us to schedule your free, no-obligation case evaluation today.
What Are Common Mistakes to Avoid After an Auto Accident in Austin, TX?
After being involved in a car accident, it's understandable that you may feel overwhelmed and unsure of what to do next. However, there are certain mistakes you should try to avoid, which can help protect your legal rights and improve your chances of receiving fair compensation for your injuries and damages.
Admitting Fault
It's natural to want to apologize or take responsibility after motor vehicle accidents, but insurance companies can use this against you. Instead, stick to the facts when speaking with others at the accident scene. Plus, fault is often not immediately apparent and may be determined by a thorough investigation.
Not Seeking Medical Treatment
Even if you feel fine after the auto accident, seeking medical attention as soon as possible is important. Some injuries may not have immediate symptoms, and having documentation from medical providers of any potential injuries can help support your personal injury case.
Failing to Gather Evidence at the Accident Scene
Be sure to take photos of the accident scene, vehicle damage, debris left in the road, the condition of the roadway, and any visible injuries. Also, contact information from witnesses should be gathered, and insurance information should be exchanged with the other driver(s).
Not Contacting an Austin Personal Injury Lawyer
Insurance companies may pressure you into accepting a low settlement, but having an Austin, Texas, personal injury attorney on your side can help ensure you receive fair compensation for your losses. Additionally, an experienced car accident attorney can assist you with the various legal issues surrounding your case, including negotiating with the insurance company, going head-to-head with the auto accident claim representing the defense, and seeing to your interests both in and out of the courtroom.
Talking to Insurance Adjusters
It's wisest to avoid speaking with insurance adjusters without your Austin car crash lawyer present, as they may try to use your words against you. Let your Austin accident lawyer handle all communication with the insurance company on your behalf.
Do You Need the Legal Services of an Austin Car Accident Attorney?
If you or your loved one suffered injuries due to an auto collision, we are here to help. At DJC Law, our Austin car accident lawyers will fight to get you fair compensation for your losses. For a free review of your case, please contact us today.
If you've been in a car accident that was not your fault, an Austin, TX, car accident lawyer might be able to help you receive more compensation than you would on your own. This is especially true if you incurred a serious injury from the accident, resulting in costly medical bills, potentially time lost from work, as well as mental and emotional anguish like post-traumatic stress disorder.
Even if your injury wasn't severe but, let's say, your car was totaled, Austin personal injury attorneys can help you file a car accident claim with the at-fault driver's insurance company or your insurance company (or both).
When speaking to someone who has filed a claim, an insurer's goal is to reduce what they have to pay you, so having a top car accident attorney supporting this effort can help you receive the maximum compensation you deserve. The personal injury settlement for car accidents varies greatly depending on the serious injuries incurred, property damage, fault, and other relevant factors.
Rather than looking for a catch-all average, you'll have better luck working with Texas auto accident lawyers to help calculate the compensation you're entitled to. For more information on how these calculations are made, contact our legal team to schedule a free case consultation.
The Texas statute of limitations for filing a personal injury lawsuit after a car collision is up to two years from when the accident occurred. This applies to pedestrians, drivers, passengers, and motorcyclists.
In many cases, victims of car accidents don't fully understand the extent of their injury until some time has passed, as medical bills pile up and conditions, in some instances, worsen. It's not uncommon to file a lawsuit at any point within the range of these two years. But we must insist you do not delay contacting a Texas car crash lawyer to discuss your case.
The amount of compensation you ask for after being in a car accident very much depends on the severity of the accident and the injuries you suffered. When discussing "pain and suffering" as it relates to personal injury claims, it's a catch-all term that refers to the non-financial losses you suffered (i.e., excluding medical bills, car repair costs, etc.). If your losses extend beyond financial losses, there's a strong possibility you deserve compensation for "pain and suffering."
Austin injury attorneys can help you quantify that amount and fight to ensure you receive it.
How Much Do Austin Car Accident Lawyers Cost?
The cost of hiring TX auto accident attorneys can vary significantly based on several factors, including the complexity of the case and the lawyer's experience. Most Austin personal injury attorneys operate on a contingency fee basis, meaning they only get paid if you win your case.
This arrangement typically involves a percentage of the settlement amount, usually ranging from 25% to 40%. This allows clients to seek legal help without the burden of upfront fees, ensuring that those who may not have financial resources can still access legal representation.
In addition to the contingency fee, clients may incur other costs associated with their case, such as court filing fees, obtaining medical records, and hiring expert witnesses. Discussing these potential costs with your Texas car crash attorney during the initial consultation is essential so you have a clear understanding of the financial commitments involved.
Ultimately, the benefit of having professional representation can often lead to higher compensation than you might achieve on your own. Personalized legal support not only helps you navigate the complexities of your car accident injury claim but also ensures that all avenues for compensation are explored.
Contact our Texas car accident lawyers to schedule your free case review today.
What Are Common Causes of Car Accidents in Austin?
Several factors can cause car crashes. While some auto accident cases may seem self-evident, others are more complicated and require a thorough investigation to determine the cause of the crash and approve liability.
Among the most common causes of car crashes in Austin, TX, are the following:
- Adverse weather conditions
- Defective or malfunctioning equipment
- Distracted driving and driver inattention
- Driver fatigue and drowsy driving
- Driving while intoxicated or under the influence of drugs
- Eating, drinking, personal grooming, and adjusting the stereo controls while driving
- Failing to signal or check mirrors before merging
- Failure to yield to the right of way
- Illegal turns
- Lane splitting
- Poor road conditions
- Potholes and tire blowouts
- Reckless driving or aggressive driving
- Reversing without looking
- Running stop signs and red lights
- Speeding
- Tailgating or driving too closely behind the lead vehicle
- Talking on a cell phone while driving you
- Texting while driving
- Unsafe lane changes
- Wrong way driving
- And more
Whatever the cause of your auto accident, if you or your passengers have suffered severe injuries, you should not be the ones responsible for the costly medical bills. As your legal representatives, our Austin car accident lawyers will endeavor to fight for your rights in pursuit of the most optimal outcome for your injury case. To learn more about our legal services, contact our Texas auto accident lawyers to schedule your free consultation today.
What Are Common Auto Accident Injuries?
Whether you've been injured in a reckless driving accident, a drunk driving accident, or an accident caused by some other form of negligence, you may have suffered severe injuries as a result. Car crashes can cause injuries to almost any part of the body, and sometimes, those injuries can be long-lasting and life-altering. The severity of your personal injury may be partially dependent upon what type of crash you survived, as well as the speed at which the vehicles were moving at the time of the accident.
Common car accident injuries include the following:
- Abrasions
- Amputated limbs
- Back and neck injuries
- Broken bones, including broken hips, backs, ribs, femurs, and tibias
- Burns
- Catastrophic injuries, including traumatic brain injuries
- Complete or partial paralysis
- Crushing injuries
- Deep cuts and lacerations
- Dental injuries and jaw fractures
- Dislocated joints
- Eye injuries, including vision loss
- Facial disfigurement
- Head trauma and concussions
- Heavy bruising
- Herniated disc injuries
- Internal bleeding and organ damage, including injuries to the liver, kidneys, and spleen
- Knee and ankle injuries
- Meniscus tears
- Open head wounds
- Post-traumatic stress disorder, anxiety, and depression
- Puncture wounds
- Road rash
- Soft tissue injuries, including strained muscles
- Spinal cord injuries
- Whiplash
- Wrongful death
Our Texas personal injury law firm has extensive experience representing the legal rights of injured clients and their families. We also have the experience to help car accident victims who have sustained severe emotional or psychological trauma due to the accident. As your legal representative, our lawyers will work to maximize your compensation so that you can get justice and obtain financial recovery. Contact us to schedule your free case evaluation today.
What Types of Car Accident Cases Does Our Texas Personal Injury Law Firm Represent?
Auto accidents can occur in various ways. The speed of the vehicles, vehicle ownership, point of impact, the existence of drugs or alcohol in the motorist system, and other factors can play a role in a Texas car accident claim. You must retain professional legal counsel from an Austin accident attorney who has handled all types of car accident cases so that you know they have the experience necessary to help you through the legal process.
Our Texas personal injury attorneys represent the following types of car crash cases:
- Bicycle, pedestrian, and motorcycle accidents
- Commercial truck accidents and delivery vehicle accidents
- Distracted driving collisions
- Drunk driving accidents
- Head-on collisions
- Highway crashes
- Hit-and-run incidents
- Intersection crashes
- Multiple vehicle collisions and pileups
- Rear-end accidents and fender benders
- Rideshare accidents
- Rollovers
- Sideswipe accidents
- Single car accidents
- T-bone accidents
- Uninsured or underinsured auto accidents
- And more
Can a Personal Injury Lawyer Represent Cases Involving Fatal Car Accidents in Austin, TX?
Motor vehicle accidents tragically killed many people on the highways and roads across the state of Texas. Among the most dangerous areas for fatal car accidents include Interstate access points, intersections, and neighborhood roads not far from your home.
Whereas in a personal injury case, the injured victim would be able to file a claim on their own, in a wrongful death case, someone must file the legal action on their behalf. In Texas, the decedent's spouse, children, or parents have the right to file a wrongful death lawsuit against the fault parties. Suppose none of those individuals file a wrongful death action within three months of the death. In that case, the personal representative of the estate may file a wrongful death lawsuit, provided all interested parties do not object.
While we are a personal injury law firm, our attorneys have extensive experience representing grieving families filing wrongful death lawsuits against liable parties. If another person's negligence or recklessness caused a car crash, you may have the grounds for a wrongful death claim. By filing your claim, you stand a chance of recovering financial compensation.
Having an experienced attorney in your corner throughout the wrongful death claims process is highly recommended. Your attorneys can gather evidence, negotiate with insurance companies, and assist you throughout the legal process to help you get justice and financial recovery.
A wrongful death lawsuit must be filed within two years of the loved one's death. If you miss the two-year window, your wrongful death case may be dismissed. There are certain exceptions to the two-year statute of limitations, and to learn more, we advise you to contact our Austin law office to schedule your free initial consultation with our legal team.
What Sort of Car Accident Settlement Could You Potentially Recover?
After a car crash, victims may potentially recover three types of compensation: economic, non-economic, and punitive.
Economic damages help compensate for financial losses. They include the following:
- Funeral, memorial, and burial expenses in the event of a fatal accident
- Lost wages and decreased earning capacity
- Out-of-pocket expenses
- Past and future medical expenses
- Property damage
- Rehabilitation costs
- Vehicle repair or replacement costs
Non-economic damages can help compensate you for other non-financial consequences you've experienced due to the accident. These include the following:
- Decreased enjoyment of life
- Disfigurement, disability, or dismemberment
- Loss of companionship or consortium
- Mental anguish and emotional distress
- Physical pain and suffering
- PTSD
- Wrongful death
If the judge or jury determines that the negligent party's actions were especially egregious, reckless, or intentional, punitive damages may also be ordered. Punitive damages are meant to punish the wrongdoer and dissuade others from repeating similar actions in the future.
Schedule a Free Case Consultation with Car Accident Lawyers in Austin, TX, Today
Several factors may influence the maximum compensation you stand to recover with a car accident lawsuit in Texas. In most cases, the more serious the injuries, property damage, loss of income, and other losses, the greater the award of financial compensation. To ensure you get the justice you deserve and the compensation you require, we advise you to seek professional legal counsel from experienced auto accident attorneys.
Contact our personal injury law firm in Austin, TX, to schedule your free case consultation with our legal staff today. We pride ourselves on providing compassionate and aggressive legal representation to clients who need our services. Whereas other law firms may be afraid to go to trial, we have a proven track record of a 99% success rate in trial cases, and we will represent your interests in the courtroom if necessary.
To learn more about our legal services and how we may assist you during this difficult time, please contact our Austin law offices to schedule your free initial consultation with our legal team today. You can reach us at (888) 853-8169.