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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 automobile accidents. Often, someone is injured through no fault of their own. In times like these, it’s important to have experienced attorneys with a proven 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.

personal injury law office in austin tx

Why Clients Choose Us for Their Austin Car Accident Claims

After a car accident, you want a personal injury law firm that fights to win. At Texas Law Guns, Injury and Accident Lawyers, we don’t settle for what the insurance company wants to pay – we fight for what our clients are actually owed, and our record proves it.

  • $750 Million Recovered: We have secured more than $750 million in verdicts and settlements for injured clients across Texas. We refuse to accept lowball offers and take cases to trial when insurance companies won’t do what’s right for you.
  • A 99% Success Rate: Our track record speaks for itself. Our personal injury lawyers have achieved a 99% success rate across categories of injury claims, a record that precedes when we head to the negotiation table.
  • One Practice Area. One Purpose: We handle nothing but personal injury cases. Every resource, every attorney, and every member of our support staff is dedicated to this one area of law, which means your car accident claim gets our full attention.
  • Trial-Ready From Day One: We prepare every case as if it’s going to trial. Insurance companies know our reputation as trial attorneys, and that reputation often pushes them toward fair settlements.
  • No Fee Unless We Win: Our law firm handles every case on a contingency fee basis. You pay nothing up front and nothing out of pocket unless we recover money for you.

When the insurance company has lawyers working against you from day one, you need a proven and dedicated legal team in your corner. Let that be us. Call us today for a free consultation: we’re available 24/7!

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 traffic 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’re 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 personal injury 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 catastrophic injuries, a crime (i.e., a hit-and-run accident), wrongful death, or insurance bad faith.

Serving Austin and all of Travis County

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

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

No matter where you are at, we can help you. Reach out to our law firm today.

Austin car accident lawyer

Car Accident Laws in Texas: What You Need to Know

Texas operates under an at-fault system, meaning the driver responsible for causing an accident is also responsible for paying the resulting damages. That puts the burden of proof squarely on you to establish the other driver’s negligence.

Texas Is an At-Fault State

Unlike no-fault states, where each driver turns to their own insurance after an auto accident, Texas gives injured drivers more options. You can file a claim directly against the at-fault driver’s insurance company, or file a lawsuit against the at-fault driver in court. 

Minimum Insurance Requirements

Texas law requires drivers to carry at least $30,000 of coverage for injuries per person, up to $60,000 per accident, and $25,000 for property damage. These figures are known as 30/60/25 coverage. If you’ve been in a serious accident, that may not be enough. For example, a single surgery can exceed $30,000, and two injured passengers must split that $60,000 cap between them. Many crashes leave accident victims facing losses that far exceed what the at-fault driver’s policy will cover.

Modified Comparative Fault

Texas follows a modified comparative negligence rule. This means that you can recover damages only if you’re 51% or less at fault for the accident. If you’re partially responsible, your compensation is reduced by your percentage of fault. If your responsibility is 51% or more, you can’t recover any damages. Insurance companies know this rule all too well and will look for any opportunity to assign fault to you to reduce what they pay.

The Two-Year Statute of Limitations

In Texas, most car accident lawsuits must be filed within two years of the date of the crash. Missing that deadline almost always means losing your right to compensation permanently, so speak to an Austin car accident lawyer as soon as possible.

Reporting Requirements

Under Texas Transportation Code Section 550.026, any driver involved in an accident must immediately report it to the local police department if it occurred within a municipality, or to the local sheriff’s office if it occurred outside one, provided the crash resulted in injury or damage. 

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’re 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 Austin Police Department 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 an 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 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?

The answer depends on how the accident happened and who was involved. In Texas, liability can extend beyond the driver who hit you, and identifying every responsible party is one of the most important things we do when building your claim.

Depending on the circumstances, potential defendants may include:

  • The At-Fault Driver: The driver whose negligence caused the accident is the primary defendant in most car accident claims. Their liability insurance is the first source of compensation for your medical bills, lost wages, and other damages.
  • The At-Fault Driver’s Employer: If the negligent party was working at the time of the accident — making a delivery, driving a company vehicle, or running a work errand — their employer may share liability under the legal doctrine of respondeat superior.
  • A Vehicle Owner: If the at-fault driver was operating someone else’s car with permission, the vehicle owner’s insurance policy may be on the hook for your damages before the driver’s own coverage applies.
  • A Government Entity: If a poorly maintained road, a broken traffic signal, or a defective highway design contributed to the accident, a city, county, or state agency may bear partial responsibility. Claims against government entities in Texas come with shortened notice deadlines – sometimes as little as 90 days – so time is critical.
  • A Vehicle or Parts Manufacturer: If a mechanical failure caused or worsened the accident (e.g., defective brakes, a faulty tire, or a malfunctioning safety system), the manufacturer may face liability under Texas product liability law.
  • An Uninsured or Underinsured Motorist: If the at-fault driver carried no insurance or insufficient coverage, your own UM/UIM policy becomes a primary source of recovery.

Liability in car accident cases isn’t always obvious. We investigate every angle of your claim to make sure every responsible party is held accountable, and every available source of compensation is pursued. 

What Compensation is Available in an Austin Car Accident?

When you’re injured in a car accident, Texas law entitles you to seek compensation for every loss tied to that injury. Insurance companies will try to settle your claim for as little as possible and as fast as possible, before you know the full extent of what you are owed. Here is what you may be entitled to recover.

  • Medical Bills: This covers every medical cost tied to your injury, including emergency room treatment, surgery, hospitalization, prescription medications, physical therapy, follow-up appointments, and any future medical care your injury requires. Future medical costs are among the most contested items in any claim, which is why we document them thoroughly from day one.
  • Lost Wages: If your injuries kept you out of work during recovery, you are entitled to recover every dollar of income you lost during that time, including salary, hourly wages, tips, bonuses, and self-employment earnings.
  • Loss of Earning Capacity: If your injuries permanently limit your ability to work or prevent you from returning to your previous occupation, you can recover the difference between what you earned before the accident and what you are now able to earn going forward.
  • Pain and Suffering: Texas allows recovery for the physical pain and discomfort caused by your injury, both past and future. These damages can represent a substantial portion of your total recovery and are calculated using the multiplier or per diem methods described earlier on this page.
  • Emotional Distress: Serious accidents take a psychological toll. Anxiety, depression, post-traumatic stress disorder, and sleep disturbances are all compensable when they result from another driver’s negligence.
  • Property Damage: The cost of repairing or replacing your vehicle and any other personal property damaged in the accident is recoverable as part of your claim.
  • Loss of Enjoyment of Life: If your injuries prevent you from participating in activities, hobbies, or daily routines you enjoyed before the accident, you can seek compensation for that loss.
  • Punitive Damages: In cases involving gross negligence, such as drunk driving or street racing, Texas courts may award punitive damages to punish the at-fault driver and deter similar conduct in the future.

The insurance company has one goal: to pay you as little as possible. We have one goal: to recover every dollar you are owed. Call Texas Law Guns, Injury and Accident Lawyers today for a free consultation. You pay nothing unless we win.

Austin Car Accident 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 can’t 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.

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 brakes and tires, can lead to vehicle failures and car accidents.
  • Dangerous or defective road 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 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 our law firm directly at (866) 387-2113.

Client Testimonial: 5/5 ★ ★ ★ ★ ★

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.