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Austin Car Accident Lawyer

If all drivers were safe, prudent and responsible, thousands of lives would be saved every year. Unfortunately, drivers and other parties, such as employers, are often negligent and reckless, which leads to many preventable car accidents. Often, someone is injured through no fault of their own. In times like these, it’s important to have experienced attorneys with a provide track record of results representing you.

If you or a loved one was in an auto accident in Austin, contact the Austin car accident lawyers at the Texas Law Guns, Injury & Accident Lawyers right away to discuss your rights. You may be able to file a claim against a driver and/or other parties in pursuit of a financial award. Our Austin car accident attorneys can help you pursue justice and fair compensation.

Why Clients Choose Us for Their Austin Car Accident Claims

  • We have dedication. Our law firm and Austin car accident attorneys have been committed to helping clients throughout Texas for many years.
  • We have experience. We use our extensive legal experience in a car accident and personal injury law to demand justice for negligence.
  • We have results. Our personal injury lawyers have achieved over $500 million in total awards for past clients. We have a 99% case success rate.
  • We have affordable rates. We take all Austin car accident cases on a contingency fee basis. You will have no out-of-pocket costs, win or lose.

Contact Our Austin Car Accident Lawyers Today

Have you recently experienced a car accident in Austin? You don’t have to face the aftermath on your own. Our team stands ready to offer the guidance and legal expertise necessary to pursue the compensation and justice you deserve.

Call Our Office

personal injury law office in austin tx

Have You Been Injured in a Motor Vehicle Crash?

Car accidents are a leading cause of accidental injuries and death in Austin and across the state. In minor accidents, motor vehicle occupants can often walk away from the collision without serious injuries. Unfortunately, other accidents can cause severe and sometimes devastating injuries.

If you have been injured in an automobile collision, you know that post-accident matters can be complex, and recovering fair compensation for your losses is often a challenging process. Insurance companies are notoriously difficult to negotiate with because they want to pay as little as possible for their claims. Recovering monetary compensation is even more challenging when the responsible party disputes liability.

When injuries are temporarily or permanently disabling, missed work and lost income can make matters more stressful for you and your family. Answering calls from insurance adjusters, calculating your total losses, handling medical appointments and bills, and negotiating a settlement agreement can be difficult when you are trying to recover from your injuries.

When to Contact a Car Accident Lawyer in Austin, TX

You do not have to negotiate a car accident insurance settlement or handle a personal injury lawsuit alone. Hire a lawyer for an experienced professional’s advice and assistance. An Austin car accident lawyer can represent you during conversations and negotiations with an insurance claims adjuster, improving your chances of securing positive results.

If a settlement does not work, your lawyer can take the defendant to trial in Travis County. A trial could force the defendant to pay fair compensation for your damages. The defendant may have to pay for your legal fees and court costs as part of a judgment. While it can benefit you to contact an attorney after any auto accident in Austin, it is especially important to obtain legal advice if your case involves serious injuries, a crime (i.e. a hit-and-run accident), wrongful death, or insurance bad faith.

Serving Austin and all of Travis County

Our accident attorneys serve all of the communities in and around Austin, including:

  • Bee Cave
  • Dripping Springs
  • Downtown Austin
  • East Austin
  • Georgetown
  • Lake Travis
  • Lakeway
  • Plugerville
  • Rollingwood
  • Spidewood
  • Tarrytown
  • West Lake Hills
  • Westlake
  • Zilker

No matter where you are, we can help you.

 

Austin car accident lawyer

Car Accident Laws in Texas: What You Need to Know

To achieve the best possible results for your car accident claim, you must have at least a basic understanding of Texas’ related laws. That way, you can navigate them and exercise your rights. Otherwise, you could miss a step or make a mistake that hurts your chances of obtaining compensation, such as missing your deadline to file a claim. A conversation with our Austin car crash lawyers can answer any questions you may have about how the State of Texas handles car accident cases.

  • Fault-based insurance system. Like most states in the US, Texas uses a fault-based insurance law. During a car accident case, victims can hold the at-fault party liable for damages. In contrast, in a no-fault state, victims will seek recovery through their auto insurance companies regardless of fault.
  • Statute of limitations. It is imperative to file a car accident lawsuit within two years of the date of the crash or the date of injury discovery. This is the statute of limitations on all personal injury claims in Texas. If you miss your time limit, the courts in Travis County will most likely deny your claim.
  • Comparative negligence. Based on Texas’ modified comparative negligence law, a plaintiff may still recover some compensation for an auto accident he or she contributed to. The courts will reduce the plaintiff’s recovery by his or her percentage of fault. As long as the victim bears less than half the responsibility for the accident, he or she may still recover compensation.

Contact us for a more in-depth overview of Texas’ car accident laws. We can let you know how they might apply to your case. If we accept you as a client, our lawyers can navigate all relevant laws on your behalf. We can demand full compensation for your damages based on how much we believe the law entitles you to receive. We can also take care of complex filing processes and requirements for you.

What to Do After a Car Accident in Austin

After an accident, taking the following steps can help you preserve evidence and protect your personal injury claim:

  • Seek medical attention. It is important to have your injuries evaluated after an accident to ensure that you are treated as soon as possible. Sometimes you may not initially recognize the extent of your injuries, but a medical evaluation may lead to an early injury discovery. Your medical records from the visit will also help make a record of your accident-related injuries.
  • Contact the police to make an accident report. If your injuries allow you to briefly delay immediate medical treatment, it is helpful to remain at the scene of the accident to share your version of events with the responding officer.
  • Do not make any admissions against your own interests. Even if you think you were partially at fault for the accident, you should only recite the facts to the officer and not make any statements about your own fault and liability.
  • Take photos of the accident scene. Photos may provide evidence supporting your claim, especially if photos are taken before any vehicles or other evidence are moved or changed.
  • Take notes about the accident. Accident details can quickly fade from your memory, so taking notes about all of the details will be helpful later on in the legal process. Important details may include recollections of traffic lights and signs, vehicle speeds, and comments made by witnesses.
  • Get witness contact information. Take down contact information from anyone who witnessed the accident or was on the scene after the accident occurred.
  • Look for potential recordings of the accident. Nearby businesses or homes may have security cameras that recorded the accident.
  • Do not speak with insurance representatives or attorneys for other parties until you have consulted with an attorney. Anything you say to other people about your injuries and the accident may be used against you in your personal injury claim.
  • Contact a Austin car accident attorney, especially if you have suffered significant injuries and damages. Injured claimants who are represented by an attorney are typically more successful and secure greater compensation than those who represent themselves in car accident claims.

How Do I Know If I’m Okay After a Car Accident?

Concerned about your well-being following a car accident? Learn how to assess your condition and understand the signs that may indicate underlying injuries.

Learn More

How is Negligence Determined?

Most car accidents are caused by human error, such as distracted driving, failing to observe a stop sign, or turning in front of an oncoming vehicle. In a personal injury claim, the claimant generally sets forth evidence that proves the defendant’s negligence caused the car accident.
Texas is a fault-based car accident state, which means that the person whose negligence caused the accident is responsible for the resulting injuries and damages.

In some cases, the accident fault is uncontested, and the claimant only has to prove the losses that he or she suffered as a result of the accident. When liability is contested, however, the following specific elements must be satisfied to prove that the defendant’s conduct amounted to negligence:

  • The defendant owed you a duty of care. This is a straightforward element in car accident cases that is not usually difficult to satisfy. In general, drivers have a duty to drive with care and caution and to follow Texas driving laws.
  • The defendant breached that duty of care. Evidence of the defendant’s misconduct, such as texting while driving, intoxicated driving, or failing to yield to another’s right of way, can be used to demonstrate the defendant’s breach of duty.
  • The defendant’s breach of duty caused the accident. It is not enough to show that the defendant was driving carelessly or recklessly. You also need to show that it was the defendant’s careless or reckless conduct that caused the accident.
  • Your injuries and damages were caused by the accident. Not only will you put forth evidence to demonstrate the extent of your injuries and damages, but you also need to show that your injuries were a direct result of the accident. This element is sometimes an issue when the claimant has a pre-existing condition or did not follow through with recommended medical care after an accident.

Who is Liable for Your Medical Expenses?

In personal injury cases, the person who caused your accident is responsible for the medical expenses related to your accident injuries. As mentioned above, Texas’s comparative fault laws provide that damages, including medical costs, are paid in proportion to the defendant’s share of fault.

If you or another party is found to be partially at fault for the accident, the defendant will pay your medical expenses according to the defendant’s share of fault. For example, if the defendant was 75% at fault for the accident, he or she will pay 75% of your medical expenses. If the defendant was solely responsible for the accident, he or she will pay 100% of your accident-related medical expenses.

What Compensation is Available in Austin?

  • Bringing the at-fault driver or another defendant to justice could punish the individual for reckless or wanton acts. 
  • It could also institute safety changes on a larger scale, such as by pushing for legislation that could help prevent similar tragedies in the future. 
  • A positive result could bring you and your family peace, closure, and justice after a devastating car accident. 
  • Finally, a lawsuit for a car crash could result in compensation for your losses. As a car accident survivor in Texas, you could be eligible for damages such as medical bills, property damage, lost wages, pain and suffering, emotional trauma, legal expenses, and punitive damages. If you choose to hire us, we will fight for maximum compensation for you.

What is a Car Accident Claim in Austin Worth?

When you pursue a claim, your goal is to show the full scope of your losses and how the accident has affected you. The stronger your evidence, the better your chances of recovering the maximum amount allowed under the law and the available insurance coverage.

Factors that affect the value of your car accident claim in Austin include:

  • Severity of Your Injuries: Severe injuries like fractures, traumatic brain injuries, or spinal damage usually need ongoing medical care. The longer your recovery and the greater the lasting effects, the higher your potential compensation.
  • Your Prognosis: If your injuries prevent you from working or living as you did before the accident, it can increase the value of your claim. Recovery timelines and the possibility of permanent impairment are key considerations when determining compensation amounts.
  • Financial Losses: As we stated above, your claim can include current and future medical bills, lost wages, and reduced earning capacity. Property damage, such as repairing or replacing your vehicle, also adds to the total. Keep receipts, pay stubs, and other proof to support these amounts.
  • Insurance Policy Limits: The at-fault driver’s insurance coverage can affect the amount you can collect. You may need to explore other coverage options if the available policy limits don’t cover your losses.

FAQs

I Was a Passenger in an Austin Car Accident. Who Pays My Medical Bills?

Like drivers, passengers in Texas motor vehicle accidents can hold the at-fault driver responsible for their injuries and other damages. However, drivers typically have their compensation reduced in proportion to their share of fault and can’t sue at all if they carry over 50% of the blame. 

With passengers, it’s possible to recover 100% of your damages if you didn’t contribute to the crash. Depending on the circumstances of the accident, you may be entitled to compensation from:

  • The driver of the other vehicle involved in the crash;
  • The driver of your vehicle if they caused the accident;
  • Both drivers if they are both at fault; or
  • Your own uninsured/underinsured motorist coverage if the at-fault driver does not have sufficient liability insurance

We offer free case evaluations and can help you determine which option is best for your case. Get started by calling us today.

What if the At-Fault Driver Was Uninsured?

Although all drivers in Texas are required to carry car insurance, some don’t. Many individuals believe they can’t afford it, while others have their licenses suspended and aren’t even allowed to drive. 

You can purchase coverage called uninsured or underinsured motorist benefits, which will cover your medical expenses and other damages if you get into an accident with an uninsured driver. Unless you have this coverage, you have limited financial options. 

You could sue the at-fault driver, but even if you win, that driver may still not have enough assets to pay you. It may be possible to sue a third-party responsible for the accident, such as the manufacturer of defective car parts, but this option doesn’t apply to all auto accidents. Our Austin car accident lawyers will examine all possible avenues for your financial recovery.

What if I Was in a Hit and Run Accident?

If the at-fault driver is identified, you can file a claim with the other driver’s insurance company. Fortunately, you aren’t out of luck if the driver cannot be located. You can make a claim against your uninsured motorist coverage if you have it. Uninsured motorist coverage covers both economic and non-economic damages.

Naturally, accident victims worry that if they file an uninsured motorist claim, they will face higher insurance premiums. Some auto insurance firms take advantage of this misconception by offering reduced payouts in return for the same rates. Texas law, however, prohibits insurance carriers from raising your rates based on uninsured motorist claims.

What if My Loved One’s Car Accident Was Fatal?

If your loved one’s car accident was fatal, you may have the right to take legal action against the at-fault party. A wrongful death claim can help you recover compensation for the losses your family has suffered because of the crash. 

In Texas, certain relatives, such as a surviving spouse, children, or parents, can bring this type of claim. You can seek payment for expenses like funeral and burial costs, medical bills tied to the accident, and the loss of your loved one’s income. You can also ask for damages for the emotional pain and loss of companionship the death has caused.

A wrongful death attorney can handle the investigation, communicate with insurance companies, and represent your interests in court if necessary, giving you the best chance of securing the compensation your family needs.

Common Car Crash Injuries

Car accident injuries can range from mild to moderate or severe. Even mild injuries can lead to additional post-accident complications. Defendants and insurance companies often try to downplay plaintiffs’ injuries and make allegations that the plaintiff is faking or embellishing his or her injuries. Unfortunately, this is a common defense tactic used to try to reduce the plaintiff’s compensation.

However, an experienced Austin car accident attorney will have the skills and resources necessary to help you prove the extent of your injuries. Some injuries can’t be seen on an x-ray or in other types of medical imaging, such as soft tissue injuries like whiplash and other strains and sprains. Medical experts can be used to help with injury evaluation and expert testimony to help prove your injuries.

In addition to soft tissue damage, other common car crash injuries include traumatic brain injuries, broken and crushed bones, torn muscles and ligaments, spinal cord injuries, and disfigurement. The most severe car accident injuries can cause long-term disability, such as brain damage and paralysis.

What are the Most Common Causes of Austin Car Accidents?

One of the tasks an Austin car accident lawyer from the Texas Law Guns, Injury & Accident Lawyers can perform for you is a thorough investigation into the cause of your crash. Our investigators can take steps such as calling eyewitnesses, collecting evidence, revisiting the scene of the accident, hiring experts, speaking to physicians, gathering records, and hiring reconstructionists to better understand who or what caused your car accident. Then, we can help you file a claim against the at-fault party.

  • Distracted driving involves anything, such as smartphone use or eating while driving, that takes the driver’s attention away from the road and safe vehicle operation.
  • Driver inattention is similar to distracted driving in that the driver’s full attention is not on operating his or her vehicle and being aware of any potential accident hazards.
  • • Inexperienced and unlicensed drivers are frequently responsible for car accidents, especially young drivers in their first six months of driving.
  • Reckless, aggressive, or drunk driving goes beyond negligence, involving another party’s egregious conduct or wanton disregard for the safety of others.
  • Driving while fatigued is a real driving danger that has led to many car accidents, especially those that involve drivers of commercial vehicles who spend a significant amount of time driving for their job.
  • Failing to yield to another person’s right of way can lead to accidents when a driver fails to obey stoplights, road signs, and general rules of the road.
  • Speeding is a common factor in car accidents. Driving too fast makes it more difficult for drivers to react to hazards and avoid accidents. Injuries are often more severe in car accidents when speed is involved.
  • Tailgating  can lead to rear-end accidents because drivers have little room for error and limited time to react when leading drivers stop or slow their vehicles.
  • Poor vehicle maintenance, such as failing to maintain breaks and tires, can lead to vehicle failures and car accidents.
  • Dangerous or defective roads conditions can be perilous for unsuspecting drivers. Examples of dangerous or defective conditions include highway ruts, inadequate warning signs, and insufficient guardrails.
  • Vehicle defects such as brake and steering failures may lead to vehicle manufacturers’ responsibility for accidents and injuries.

Most collisions in Austin trace back to human error. Negligent or reckless drivers and vehicle owners can cause preventable vehicle accidents. If the driver was on duty at the time of the accident, his or her employer may be vicariously liable for damages. Other parties could be at fault as well, including the City of Austin for a roadway defect. Speak to our Austin car accident attorneys to find out who might be responsible for your crash.

How Much Does It Cost to Hire a Personal Injury Lawyer in Austin?

In Austin, most personal injury lawyers work on a contingency fee basis, meaning you don’t pay anything up front and the attorney only gets paid if they win your case. The fee is usually a percentage of your settlement or award. 

  • For cases that settle before a lawsuit is filed, the percentage is often around 30% to 33%. 
  • If your lawyer files a lawsuit but the case resolves before trial, the percentage may increase to about 33% to 36%. 
  • Cases that go all the way to trial can reach up to 40%, although Texas law generally limits contingency fees to around 35% unless certain conditions apply. 

In addition to attorney fees, there are case-related expenses like court filing fees, expert witness costs, and medical record retrieval. Many firms pay these costs upfront and recover them from your settlement, but it’s important to clarify whether they’ll be deducted before or after the attorney’s percentage is calculated. Most Austin personal injury lawyers offer free consultations, so it’s wise to compare fee structures, ask about tiered rates, and understand how expenses will be handled before signing an agreement.

Contact an Austin Car Accident Lawyer Now

Find out what your car accident case could be worth during a free consultation at the Texas Law Guns, Injury & Accident Lawyers today. Our Austin car accident attorneys can review your crash claim for free, explain your rights and let you know if you have grounds for a lawsuit. If so, we may offer to represent you during negotiations with insurance companies, or a trial in Travis County. For more information, contact us through our website, and we will get back to you as soon as possible. You can also call us directly at (512) 800-0000.

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Honest and hardworking people! Overall great and easy to work with. First, time ever using a law firm and I couldn’t be happier with the communication.

-Jose Ramos

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Our Austin car accident lawyers will do everything in our power to maximize the settlement you receive. If the insurance company does not offer you a fair and just settlement, we will take your case to trial in order to try and obtain a verdict that pays you what you deserve. Call now for your free, no-obligation consultation.