Car accidents are an unfortunate reality of living in Texas. According to Pro-Care Medical Centers, approximately 1,500 car accidents occur every single day somewhere in the Lone Star State, adding up to a crash every two minutes and six seconds.
Sadly, your odds of being involved in an accident are pretty high, but knowing what to do after an accident is crucial for enforcing your legal rights and ensuring you can seek recourse for any damages you sustain.
With Forbes Advisor reporting that Texas has been ranked the third most dangerous state in the country for drivers, building an action plan is critical for knowing how to react if you’re the victim of negligent and dangerous driving.
In this comprehensive guide, we outline the unique challenges drivers face in Austin, how car accident claims work, and the steps you must take to gain the fair settlement you deserve.
Local Expertise: Austin Car Accident Lawyers
Were you injured in an Austin car accident that wasn’t your fault?
Calling a lawyer and getting legal representation is essential to avoid falling victim to the underhand tactics used by insurance adjusters to reduce the value of your claim. With the complexities of car accidents and claiming compensation, you need a skilled legal professional.
At DJC Law, we understand the difficulties associated with asserting your legal rights and holding at-fault parties to account. With our years of experience serving car accident victims in Austin, we’re well-equipped to help you claim the settlement you’re entitled to, whether holding auto insurance firms to the fire or taking your case to a trial.
Contact DJC Law for your free consultation today!
Austin’s Unique Car Accident Landscape
Austin has seen rapid growth due to its booming economy, attractive neighborhoods, and increasing importance within the Lone Star State. Unfortunately, AOL.com found that an average of 559 people are killed or seriously injured every year. One death is too many, and, in many ways, the city has been a victim of its own success regarding road safety.
Our research has shown that Austin’s road infrastructure and complex networks haven’t kept up with the city’s growth, making Bat City more dangerous for all road users. Some of the unique challenges we’ve identified include:
- Traffic Congestion – KXAN found that in 2022, Austin was the 19th most congested city in the country, with drivers spending an average of 53 hours delayed in traffic, a 65% year-on-year increase. More vehicles means more frustration and a greater likelihood of car accidents.
- Increased Severity – Texas Department of Transportation statistics found that Austin’s commitment to road safety meant that the city experienced 1,400 fewer accidents than expected, based on population, in 2022. However, while there were fewer accidents, accidents tended to be more severe.
- Vulnerable Road Users – Austin has been a pioneer in encouraging more cyclists, pedestrians, and e-scooters as an alternative to driving. Sadly, Make Roads Safe found that non-vehicle road users made up a huge number of deaths, with 408 pedestrian accidents and 199 accidents involving bicycles in 2021.
Driving habits also contribute to Austin's unique car accident landscape. The Texas Department of Transportation found that more than one in four accidents is still caused by distracted driving. To put this in context, less than 5% of accidents were caused by speeding.
It’s clear that while the city has much work to do in improving and expanding the road network, more driver education is required to get these numbers down. It’s why the Austin Vision Zero program is so essential to meeting the stated goal of reducing serious injuries and deaths to zero by 2030.
Travis County Traffic Accident Overview
Travis County is the fifth-most populated county in Texas, with Austin as its capital. If we zoom out, we find that Pro-Care Medical Centers statistics report that 27% of fatal car accidents involved impaired driving and 26% involved distracted driving.
However, the Texas Department of Transportation also mentions that Travis County tracks with its population, with the fifth most car accidents in the state, with the fifth most fatalities and total accidents.
It’s also worth mentioning that although most accidents involve Austin, a significant proportion also occur on rural roads. Wildlife encounters, a lack of traffic controls, and bad weather contribute to the overall accident rate. For example, the Austin American-Statesman found that Austin drivers hit 100 deer between 2017 and 2019.
However, Travis County officials have had some success in making roads safer. The Vision Zero project has reported that revamped roads have contributed to a lower accident toll, with a 30% decline in crashes on these roads.
Austin’s Distinctive Driving Challenges
Austin faces several distinctive driving challenges, with data showing the same hotspots for auto accidents cropping up again and again. Enormous numbers of accidents still occur on the Interstate 35 Corridor, the MoPac Expressway, Highway 183, and Research Boulevard.
Here’s a breakdown of what makes these areas so problematic:
- Interstate 35 Corridor – The Texas A&M Transportation Institute flags Interstate 35 as the busiest highway in Austin, handling 2000,000 vehicles daily. The Austin Police Department reports that 20% of all fatal accidents in 2022 occurred here, with merging conflicts and congestion contributing to these numbers.
- MoPac Expressway – Loop 1 is yet another hotspot, making up 12% of all accidents, per the Austin Transportation Department. Issues like express lanes with an extra 15 mph on the speed limit and sudden exit ramps onto areas like Slaughter Lane and the Barton Skyway make this a hub for rear-end accidents. Ongoing construction because of continuous expansions only adds to the chaos drivers face.
- Highway 183 – Austin’s main east-west highway connects the Austin-Bergstrom International Airport and runs directly through the city, with the Texas Department of Public Safety reporting that 15% of all Austin road fatalities occur here. Frequent interchanges and sharing lanes with commercial trucks mean crash severity spikes here.
- Research Boulevard – Technically a section of Highway 183, this part of North Austin suffers from heavy traffic due to nearby residential and commercial areas. Approximately 60% of accidents occur on the turn lanes and at many of the intersections because of frustration and slow signaling, based on data from the Austin Police Department.
What each of these four hotspots has in common is congestion. As the city expanded, so did the number of vehicles, and the city’s infrastructure consistently failed to cope. Poor road design has only resulted in more frustration, with road rage incidents on the rise.
It’s a trend that has blighted the whole country. According to the Washington Post, the number of injuries and deaths from road rage has doubled since 2018, with seemingly no end in sight.
Understanding Car Accident Claims in Austin
Navigating a car accident claim after sustaining injuries is confusing and traumatic. Texas has its own rules regarding when you can claim and the legal threshold for a viable claim. You have the right to claim compensation for your losses, but actually filing a claim and negotiating a settlement is something that should only be managed by a legal professional.
Knowing your rights is critical. Texas has its own framework for establishing the rights of accident victims, and being aware of these protects you legally and financially. For example, Texas operates under a modified comparative fault model, meaning blame is apportioned in percentage terms.
Working with a law firm like DJC Law is vital for initiating your case and understanding whether you have a viable chance of gaining compensation.
Legal Threshold for Viable Claims
Texas is an at-fault state, meaning the driver to blame must pay the damages to the other parties they injured. However, the legal threshold follows the 51% rule, meaning you cannot seek monetary compensation if you’re 51% or more responsible for an accident.
Legally, you must also file your personal injury lawsuit within two years of the date of your accident. That’s why we recommend initiating legal proceedings at the earliest possible opportunity to prevent the clock from running out.
Finally, the legal threshold for a viable claim is proving that the negligence of the other driver directly led to your injuries, whether tangible or non-tangible. Working with a car accident lawyer Austin is crucial to establish this connection and prove your losses.
Initial Case Evaluation Criteria
Lawyers rely on assessing whether a car accident claim fulfills the four key legal elements that will enable you to win your case. These are establishing a duty of care, breaching that duty of care, demonstrating a direct connection between the duty and your injuries, and showing that losses resulted from the at-fault driver’s actions or inactions.
Legal professionals will always begin with these four elements. Here’s how they work:
- Duty of Care – Did the at-fault party have a duty of care to protect others from harm?
- Breach of the Duty of Care – Did the at-fault party fail in their duty of care?
- Connection – Did the at-fault party’s breach of their duty of care directly lead to your injuries/damages?
- Losses – What actual losses did you suffer due to the at-fault party’s actions or inactions?
All personal injury lawsuits rely on proving these four elements with reliable evidence. Examples of evidence could include eyewitness testimonies, medical bills, dashcam footage, the official police accident report, and more.
Taking advantage of a free consultation with a legal professional enables you to run through your case and determine whether you have a viable chance of claiming damages.
Comparative Negligence Explained
Comparative negligence is a legal principle that aims to establish who contributed to the accident, and the at-fault party will be required to pay damages. Texas is an at-fault state operating on comparative negligence laws, meaning that insurance adjusters will assign blame to different parties.
It contrasts with so-called no-fault states, where all accident victims will make a claim through their own insurance companies. In these states, it doesn’t matter who was at fault, and it won’t act as a barrier to receiving compensation for your losses.
Texas Comparative Negligence Law
Texas follows a modified comparative negligence model regarding personal injury lawsuits, which includes car accidents. Under the Texas Modified Comparative Negligence Standard, all injured parties have the right to seek damages, regardless of whether they assume some responsibility for the accident.
51% Bar Rule Breakdown
Modified comparative negligence states typically operate using a 50% or 51% bar rule. Texas utilizes the 51% rule, meaning that you can't recover any damages if you’re more than 51% responsible for an accident.
How does fault impact compensation?
If another driver is 100% responsible for an accident, you’ll come to a settlement, and you’ll receive that settlement in full. In contrast, you may encounter a proportionate responsibility scenario.
For example, let’s say you’re awarded 100% compensation for your car accident. However, the court found that you were 20% responsible for the accident because of something you did. In this case, you’d only receive $80,000 of the original settlement due to your role in the crash.
However, let’s say that in the same scenario, you were 55% responsible for the crash, meaning you were considered to be the majority contributor. Under the 51% bar rule, you wouldn’t be entitled to receive a cent of any personal injury settlement.
Calculating Partial Responsibility
Partial responsibility is otherwise known as shared liability, and determining who assumes responsibility, in percentage terms, is one of the most significant sticking points of car accident claims. Ultimately, it’s up to the court to decide percentages based on the available evidence.
For example, let’s say that Driver A was hit from behind by Driver B. The problem is Driver A turned without signaling, and Driver B was following too closely. These are traffic violations, meaning each party contributed to the accident. In another situation, it might have been found that Driver B or Driver A was driving a vehicle under the influence, or one of the drivers was texting while driving. Likewise, perhaps one driver was operating their vehicle on a suspended license.
Issues like this make calculating partial responsibility so tricky, so working with a legal professional is vital for deciding whether you have a case. It’s a matter of deciding who contributed most to the accident.
What Type of Compensation is Available After a Car Accident?
Different types of car accident compensation are available to accident victims. These types of compensation are split into two categories: economic and non-economic. Economic losses are tangible, meaning they cost you money directly, such as your medical bills. Non-economic losses are the intangibles, which could include your pain and suffering.
Skilled lawyers will explore every avenue of compensation to maximize your settlement and ensure you leave nothing on the table. Remember, once you agree to a settlement, you can’t reopen the case and ask for more money later.
Let’s discuss the different types of compensation.
Medical Expense Recovery
Medical expenses make up the largest proportion of economic damages by far, especially if you don’t have a good health insurance plan or you have the legal minimum in auto insurance.
Examples of medical expenses covered include:
- Ambulance costs
- Hospitalization
- Follow-up treatments
- Prescription medication
- Surgery
- Emergency room treatment
- Wheelchairs, canes, and crutches
- Mental health treatment
Lost Wage Compensation
Did your accident cause you to miss work? Any wages lost because you couldn’t do your job can also be included in your final settlement. No limits exist on how much this can add up to. If you’re seriously injured and cannot return to work, you can also claim for future lost earnings potential.
Property Damage Claims
Any property damaged in a car wreck is also eligible for compensation. The cost of repairing or replacing your vehicle will be included. Likewise, if any of your personal property, such as your phone, was damaged or destroyed in the accident, you have the right to be compensated.
Pain and Suffering Calculations
Pain and suffering damages cover the non-economic impact an accident had on an accident victim’s life. It covers issues like disability, mental anguish, disfigurement, and loss of consortium between spouses.
Pain and suffering are subjective, but Texas courts will fall back on one of two methods to develop a figure for pain and suffering. The most common method is the multiplier method. Courts will use a multiplier of between one and five, based on the severity of the victim’s injuries, and multiply it by their economic losses.
For example, if you suffered permanent brain damage, a court may assign a multiplier of five. If your direct economic losses were $500,000, your pain and suffering would be $2,500,000 plus your economic losses, making a figure of $3,000,000.
Another option for calculating pain and suffering is the per diem method. The court determines a daily dollar amount and then multiplies it by the number of days of your recovery.
For example, if this figure was $150 per day and you needed two years to recover, your pain and suffering would be worth $109,500, which would be added to your economic damages.
Emotional Distress Compensation
The psychological impact of an accident is also incorporated into your personal injury claim. Psychological distress and trauma increase your potential settlement further.
For example, if you were diagnosed with anxiety, depression, or Post-Traumatic Stress Disorder (PTSD), the impact of these conditions would be factored in. Moreover, your family members can be awarded emotional distress compensation in some circumstances, such as in the case of a wrongful death claim.
Loss of Quality of Life
Loss of quality of life is a type of compensation designed to address the adverse consequences experienced in the aftermath of a car accident. It’s not about emotional worry or personal discomfort but the far-reaching impacts of your injuries.
Some examples of loss of quality of life include:
- Loss of ability to perform certain tasks.
- Damaged reputation.
- Humiliation.
- Permanent impairment.
- Loss of a sensory function.
- Inability to perform certain activities previously enjoyed.
No standard formula exists for calculating these losses. Instead, issues like age, background, and work history are used to come to a fair amount.
Punitive Damages in Extreme Cases
Punitive damages are extra damages awarded by a court. These damages have nothing to do with the impact of an accident on you. Instead, they’re designed to punish the at-fault party for their actions or inactions.
They usually come into play when gross negligence is involved. In many cases, the at-fault party is often charged with criminal negligence on top of their civil claims. Generally, punitive damages are at the mercy of the court and shouldn’t be expected as part of most accident claims.
How Long Do You Have to File a Car Crash Claim After Your Accident?
Texas has a strict statute of limitations for filing car crash claims. You have two years from the date of your accident to formally file a car accident claim. Miss the deadline, and you’ll be unable to claim any compensation.
Note that no limits exist on how long car accident claims can take. The only rule is to file the necessary legal papers within the two-year statute of limitations.
What are Most Lawyer Fees for a Car Accident Injury Claim?
Most car accident lawyers operate on a contingency basis, meaning you don’t pay anything if you don’t win a settlement. Legal professionals will take their fees from any final settlement, with anything left over going to you.
Typically, most lawyers charge anywhere from 30% to 40% in legal fees. While this sounds high, it’s vital to mention that personal injury lawyers more than prove their worth in winning larger settlements. According to Nolo, hiring a lawyer to pursue your claim will increase your settlement by an average of three to four times compared to fighting your case alone.
How Long Do Most Car Accident Settlements Take? Settlement Process & Timeline
The length of time it takes to settle a car accident largely depends on the circumstances. No lawyer can provide a guaranteed date for when you’ll receive your settlement. Simple car accident cases might settle within a few months, where liability is clear and losses firmly established. On the other hand, when fault and loss are contested, cases can drag on for years.
Stages of a Car Accident Claim
Filing a car accident claim requires following a defined process that begins from the moment you notify your insurer of an accident to hiring a lawyer to uphold your rights and hold insurers to account.
Let’s run through the standard stages you can expect to encounter as part of your car accident claim.
Initial Investigation
The initial investigation involves insurance adjusters and your lawyer gathering evidence and determining what actually happened. The goal of this process is to establish whether you have a valid claim.
Examples of evidence that will be gathered as part of this initial investigation include:
- Accident scene photos.
- Assessing vehicular damage.
- Assessing injuries to both parties.
- Obtaining witness statements.
- Obtaining an official police accident report.
- Providing statements.
The initial investigation will likely take a few weeks, but more complex cases can take even longer, especially if there are any unexpected delays in gathering evidence.
Demand Letter Preparation
The demand letter is the formal compensation request filed by your lawyer with the other driver’s insurance company. It consists of a summary of the accident and the role of the at-fault driver in contributing to it. It will also include various pieces of documentation outlining how your legal team has come to their compensation figure.
Your lawyer won’t send this demand letter until your medical condition and needs have been established.
Negotiation Phases
Negotiating with the auto insurance company often represents the longest part of the process. Typically, the insurer will make an initial offer far below what you’re entitled to, with your attorney responding with a counteroffer.
Your attorney will take control of negotiations and continually provide evidence to assert your right to a fair settlement. Depending on the case, the negotiation phase can drag on for months. It’ll also depend on how willing the insurer is to compromise.
The goal is to extract as much as possible without going to court. Mediation might also become a factor if negotiations grind to a halt. If you can’t get a fair settlement, the next step is to take the case to court.
Factors Affecting Settlement Duration
Every case is different, so settling on an exact timeframe is practically impossible. However, certain factors always impact how long you can expect to wait for a settlement. Typically, cases involving disputed liability and more severe injuries will always take longer.
Here are the primary factors that can influence your timeline:
- Injury Severity – More severe injuries often require more extensive medical evaluations. Plus, insurers are likelier to fight harder for a lower settlement because going to court becomes more financially viable from their perspective.
- Contested Liability – When liability isn’t clear-cut, expect more investigations, interventions, and negotiations. When paired with more serious injuries, disputed liability could extend your timeline by months.
- Insurer Bad Faith – How willing is the insurance company to play ball? Bad faith tactics can drastically delay the process by asking for more and more paperwork and constantly questioning claims.
- Litigation – Credible threats of litigation often speed up claims because the last thing insurers want is the time and expense of a court trial.
- Complexity – More complex cases take longer to settle, especially if pain and suffering and punitive damages come into the fold.
It’s frustrating to see your case drag on and on, especially if you’re on the hook for medical bills and currently can’t work. Again, that’s the value of working with an attorney because they’ll do everything in their power to hound insurers and drive your case forward.
Expediting the Claims Process
Other than working with an experienced Austin personal injury attorney, there are actions you can take to drive your claim forward. Responding promptly and maintaining clear lines of communication ensure that you don’t suffer any unnecessary delays.
Follow these tips for speeding up the process:
- Respond to all requests for documentation quickly.
- Always provide clear information to all parties.
- Keep in touch with your attorney to continually push forward.
- Consider mediation if negotiations are moving at a glacial pace.
Above all, don’t settle too quickly to get the case over and done with. It’s a common tactic that insurers use to reduce their costs. Take objective advice from your lawyer and stay the course to ensure you get the settlement you deserve.
Why Should I Hire an Austin Car Accident Attorney?
Choosing to hire a car accident attorney means you’re best equipped to deal with the difficulties presented by auto insurance firms. You get the legal expertise needed to protect your rights, an experienced hand in dealing with the strategies used by insurance adjusters, and support. At the same time, you get the breathing space to focus on recovering and putting your life back together.
Still on the fence about hiring legal help? Here’s why a local Austin attorney should be your first call after a crash:
- Legal Knowledge – Personal injury law is complex, and one mistake can jeopardize your ability to claim the settlement you deserve. From knowledge of comparative fault to court filings, a car accident attorney knows precisely what to do.
- Tough Negotiators – Insurers have teams of adjusters and lawyers with the sole purpose of getting out of paying you. Experienced lawyers see through these games and push your case.
- Accurate Assessment – Leave no stone unturned in pursuit of a settlement. Lawyers explore every avenue to ensure that nothing goes amiss to determine what your case is truly worth.
- Prove Liability – Under Texas’ comparative fault laws, blame is assigned proportionally. Your lawyer will exploit all available evidence to ensure that the at-fault driver is proven to be liable.
- Collecting Evidence – Auto accident attorneys collect and preserve all available evidence to build a robust case. They’ll also go the extra mile in subpoenaing witnesses and obtaining crucial evidence, like traffic surveillance footage.
- Objective Advice – Receive tailored advice on settlement offers, court trials, and how to deal with insurance companies from the professionals who have seen it all before.
- Court Representation – Taking your case to court? Your attorney will guide you through the stressful process every step of the way, navigating all legal procedures and fighting tooth and nail on your behalf.
Your greatest weapon in pursuit of justice is an experienced lawyer who will fight for you. Since personal injury lawyers operate on a contingency fee basis, this is a risk-free investment because if you lose, you pay nothing.
What are Common Car Accident Injuries?
Car accident injuries can occur even in low-speed collisions. Whiplash, concussions, and fractured bones are among some of the most common injuries experienced by Texas car accident victims. Every injury can be long-lasting and result in years of pain.
So, what are the most common car accident injuries we come across?
- Whiplash
- Traumatic Brain Injuries (TBIs)
- Back injuries
- Soft tissue injuries
- Lacerations
- Burns
- Nerve damage
- Post-Traumatic Stress Disorder (PTSD)
- Neck injuries
- Internal bleeding
- Scarring and disfigurement
These are but a taster of the potential injuries resulting from an auto collision. By far, the most common physical injuries are issues like whiplash. According to Homberg Chiropractic & Wellness, more than three million new cases of whiplash occur each year, and around half will progress to chronic symptoms.
Back injuries are also incredibly common. In a study by ScienceDirect, 869,000 crash-related injuries involving the cervical spine reach U.S. hospitals annually. However, physical injuries are only one part of the equation.
Many of those involved in car accidents develop mental health issues as a result of going through a traumatic experience. Lighthouse Counseling Solutions found that nearly half of all car accident victims suffer some degree of PTSD, meaning around two million Americans experience it.
It also must be mentioned that most of the numbers given are likely understated because many people don’t seek any medical attention, meaning they suffer in silence. It underlines the importance of seeking medical help, even if you feel fine in the minutes and hours after your accident.
What are the Common Causes of Car Accidents in Austin?
Austin experiences a range of car accident causes, but the most common by far are distracted driving, drunk driving, and weather-related accidents. These are the three primary causes of all accidents in Bat City. Unfortunately, the problem remains a stubborn one, impacting countless lives every year.
Let’s discuss each of these common causes.
Distracted Driving Incidents
Distracted driving is anything that takes your eyes, hands, and mind away from the task of driving. Even looking at your phone for a split second is like closing your eyes and praying that you don’t hit something.
It remains the leading cause of death nationwide. In 2023, one in six of all crashes on Texas roads involved a distracted driver, per data from the Texas Department of Transportation. This added up to 399 deaths and 2,793 serious injuries. In Austin alone, it amounted to 26% of all car accidents.
Drunk Driving Accidents
Driving under the influence slows your reaction times and mitigates your ability to perceive hazards. It also increases the odds that you’ll engage in riskier driving behaviors. Unfortunately, Texas as a whole makes the Hall of Shame in this category.
According to the Austin American-Statesman, Texas was the second worst state in the country for drunk driving, with 42% of all fatalities in 2022 involving alcohol. This is even though the following year saw a 15% decrease in drunk driving deaths, per the Texas Department of Transportation.
However, Austin has seen one of the most significant improvements. According to the National Highway Traffic Safety Administration (NHTSA), although Austin is the 11th most populated city in the country, its drunk driving death rate was just 7.08 per 100,000 people, putting it 65th in the nation and 11th in Texas.
Weather-Related Accidents
Austin’s climate means the winter season results in hidden dangers for drivers across the city. Although local data is limited, we can examine statewide data to see how weather contributes to accident patterns.
The Texas Department of Transportation found that in 2021, wet roads accounted for 16.3% of all accidents on Texas roads, with rainy conditions contributing to over 10% of crashes. Believe it or not, icy, snowy, and slushy roads together accounted for fewer than 2% of crashes, as drivers appear to moderate their driving behaviors in extreme weather.
Uninsured and Underinsured Motorist Claims
Getting hit by an uninsured or underinsured driver creates problems because even if you win a settlement, there’s often little hope of actually getting the money. After all, if someone didn’t pay for insurance, it’s likely they don’t have significant personal assets to chase. For that, there’s uninsured/underinsured insurance coverage.
Under Texas law, all drivers must have a minimum amount of liability insurance. Known as the 30/60/25 model, this translates to $30,000 per injured person, $60,000 per accident, and $25,000 per accident for property damage. Obviously, these exceptionally low limits mean that the victim will usually find themselves out of pocket.
Holding uninsured/underinsured motorist coverage, which is an auto insurance add-on, enables you to make a claim through your insurance provider. Moreover, if you experience a hit-and-run car accident, you can pursue a claim through the same coverage.
Texas Specific Protections
Texas has recognized the problem of accident victims being left out of pocket because of drivers having no insurance or a lack of insurance. The Texas Department of Motor Vehicles estimates around 20% of all drivers on the roads are uninsured.
Under the Texas Insurance Code § 1952.101, all auto insurers must offer uninsured/underinsured motorist coverage to all customers when selling auto insurance policies. You can reject it, but this must be done in writing.
Uninsured coverage protects you if the other driver has no insurance. And underinsured motorist coverage protects you if the other driver has insurance but your damages surpass their coverage limits.
The types of damages covered include:
- Bodily Injury – Medical bills, lost wages, pain and suffering, and funeral costs.
- Property Damage – Repair costs to your vehicle and comes with a deductible reimbursement.
This type of coverage in Texas has limits based on the limits of your ordinary auto insurance policy. So, if you only have the minimum insurance coverage, you’ll receive the same limits on this type of coverage. It’s another reason why the legal minimum is insufficient for drivers today.
Claim Filing Process
The claim filing process requires you to prove that the at-fault driver had no or insufficient insurance. Note that Texas law offers no-fault protection, meaning a valid claim can’t be denied because you were partially at fault. The only caveat is that the 51% bar rule still applies, so if you were 51% or more responsible for an accident, your insurer can deny your coverage.
Typically, the claim filing process works like this:
- Step One – File a claim with your own insurance company.
- Step Two – Provide evidence that the at-fault driver had no insurance or lacked sufficient insurance. This can usually be done through a police report.
- Step Three – You’ll then work with your insurer to determine the damages.
You may also want to hire an experienced car accident attorney to help manage the process or to pursue a further personal injury lawsuit against the driver if your claim is denied or your damages exceed what you can get through this coverage.
What to Do After a Car Accident in Austin
Knowing what to do after a car accident in Austin is critical for building your case, preserving evidence, and ensuring that your medical needs are taken care of. In the aftermath of an accident, you’re traumatized, confused, and unsure what to do.
Follow this basic step-by-step process for doing all the right things after an accident:
- Check yourself for injuries. Call 911 and ask for an ambulance to attend if you need immediate medical attention.
- Call the police and ask a traffic officer to attend the scene.
- Gather evidence in the meantime by using your smartphone to take pictures of your injuries, damage to the vehicles, and road conditions. Ask any eyewitnesses if they’d be willing to give a statement and collect their details.
- Exchange insurance information with the other driver while waiting for a police officer to attend and complete a police accident report. You’re legally required to provide this information.
- Once you’re able to leave the scene, go to your nearest medical center. You might feel fine, but issues like whiplash and concussion might not show any symptoms until hours after your accident.
- Notify your insurance company that you’ve been involved in a collision. Your policy will require you to report the accident, with most insurers giving you 24-72 hours to report an accident.
The final course of action is to contact an Austin car accident attorney to discuss your case and your next steps.
Why Choose DJC Law?
DJC Law possesses over 25 years of experience in fighting for the rights of everyday Americans in Austin. As a veteran-owned personal injury law firm, we specialize in supporting our clients through their darkest moments.
Our track record speaks for itself, with a 99% win rate in all cases. Over the last quarter of a century, we’ve secured $400 million in settlements for our clients because we don’t stop until we win a fair settlement.
Working with our firm on your case means working with a legal team that genuinely cares about you and your family. We’re genuinely passionate about protecting the little man, which is why so many of our clients remain friends long after their cases have concluded.
Although U.S. News and World Report has honored us as one of the nation’s top law firms, our heart lies within the local community. We’ve never forgotten our roots, which is why we’re ready and waiting to provide you with the bespoke legal representation you deserve as you seek justice after your car accident.
Contact DJC Law Serving Austin, TX, to Schedule a Free Case Evaluation
Do you have a viable case?
We’re here to assess your case and provide honest, truthful advice on your likelihood of claiming a settlement successfully. Our legal team will analyze your case, turn legalese into simple, straightforward language, and discuss what the process will look like.
To learn more about how we can support you, contact us today for your free consultation.
Austin Car Accident FAQs
What if you are in an accident with an uninsured or underinsured motorist in Austin?
You can claim through your uninsured/underinsured motorist coverage with your own auto insurance firm. If you don’t have this coverage, your next option is to file a car accident lawsuit against the driver directly to recover your damages.
How are damages from a car accident calculated?
Damages from car accidents are calculated using actual expenses, such as medical bills or car repair costs. Non-economic damages are calculated using the multiplier or per diem method, which is what’s used to determine pain and suffering. Previous cases can also be used as a benchmark to determine precisely what your trauma is worth in dollar terms.
Who is liable for my medical expenses?
In the beginning, you are liable for your medical expenses. You may work through your health insurance provider or use your legal team to negotiate a pause on your medical debts while your case proceeds. Once your personal injury case concludes, any outstanding costs will come out of that final settlement.
How can defective automobiles lead to car accidents in Austin?
Defective automobiles can result in additional liabilities. If a defective automobile, such as one caused by a manufacturer’s defect, contributed to your accident, you may also file a claim against the auto manufacturer themselves.
If you believe a defect on your vehicle, such as a faulty brake, resulted in your accident, speak to your lawyer for further guidance on what to do next.
Austin Car Accident Resources
Want to learn more about what to do if you’re involved in a car accident or looking to make a claim? Here is a selection of additional resources on the subject: