Car accidents happen every day in Austin, TX. Indeed, a car accident is probably occurring somewhere, even as you read these words. Many of these accidents result in serious injuries. In some cases, the person who suffers the injury is not the person who caused the accident. It is situations like these that trigger personal injury claims.
Money cannot undo what has already been done. If you or your loved one has suffered a serious injury in a car accident in Austin, Texas, you have our deepest sympathies. What can be done, however, is to ensure that you receive fair compensation for your suffering. Our Austin car accident attorneys are here to do just that.
Contact George Salinas Injury Lawyers at (210) 934-1953 to schedule a free consultation with our Austin personal injury lawyer today.
Why Choose George Salinas Injury Lawyers After You Get Into A Car Accident?
You have many choices when it comes to an Austin car accident attorney, but we know that if you place your trust in George Salinas Injury Lawyers, you will be in good hands.
Our Texas-based personal injury law firm has received 4.9 out of a possible 5 stars on Google Reviews — and with good reason. Our legal team has more than 110 years of collective experience and we have collected hundreds of millions of dollars for our clients during our long and distinguished legal careers.
George Salinas Injury Lawyers represents injured victims only, and we understand how much is at stake when you have been hurt and are struggling to rebuild your life. You are more than just a number to us — we know that you count on our team to help you recover the funds you need to pay your medical bills and provide for yourself and your loved ones when your injuries impact your work. We take that responsibility seriously and we work hard to fight for you.
Our firm offers free consultations so we can evaluate your case and help you understand what we can do for you. We only charge you legal fees if we win your case, and you pay a percentage of compensation so our interests are directly aligned with yours.
We have strong negotiation skills to help you settle outside of court, but also trial experience in case no fair settlement is reached. And, throughout your case, we will keep you updated, communicate with you regularly and work hard to gather the necessary evidence to bring the strongest possible claim.
You can count on our firm to be the advocates you deserve, so give us a call to meet with a member of our legal team and learn what we can do for you.
How Our Austin Car Accident Attorneys Can Help You Receive Fair Compensation
Winning a car accident claim can take time, energy, resources, and extensive legal knowledge. At George Salinas Injury Lawyers, our Austin car accident attorneys apply over a century of combined experience to resolve our client’s car accident claims. All told we have recovered hundreds of millions of dollars for our clients.
Our Austin wrongful death lawyers can perform the following actions:
- Investigate the scene of the accident. We can revisit the accident scene to gather evidence, take photographs, and speak with witnesses.
- Review the police report. We can scrutinize the police report for inaccuracies or omissions that might affect your claim.
- Pursue a dram shop claim. In a DUI accident case, we can file a claim against a bar or nightclub that overserved the defendant prior to the accident.
- Access surveillance footage. Witnesses or nearby businesses or traffic cameras might have filmed the accident.
- Hire accident reconstruction specialists. This helps form a clearer picture of exactly how the accident happened.
- Negotiate with insurance companies. We can fight for fair compensation on your behalf.
- Examine your medical records. This allows us to understand the long-term impact of your injuries.
- Assess vehicle damage. We can assess vehicle damage to determine the severity of the collision.
- File an uninsured motorist claim. If the at-fault driver is uninsured or underinsured, or if the driver fled the accident scene.
- Elicit expert testimony. We can bring in medical, economic, and automotive experts to provide testimony that supports your claim.
Our Austin car accident attorneys can devise an effective case strategy to help you recover the compensation you deserve after an Austin, TX collision.
Do I Need a Lawyer for My Car Accident Claim?
An Austin uninsured motorist accident lawyer can help if you are injured or if your claim is sizable. If you’re not sure whether your claim is complex or large enough to benefit from the services of a lawyer, schedule a free initial consultation with us to find out. Hiring a car accident lawyer can help make this process easier for you and your family.
Texas laws can be complicated regarding car accidents. You can bring a claim if the other driver is at least 51% responsible for your losses, according to Texas Code Section 33.001. However, Code Section 33.003 makes clear your damage award will be reduced based on your percentage of the blame as determined by the trier of fact.
Your attorney will help you to understand whether the other driver bears the majority of responsibility for the auto accident and should thus be held accountable. If there’s a question of shared fault, your lawyer can also show the extent of the damages attributed to the other driver so you don’t lose out on some of the compensation you deserve.
Even when fault is clear, you still have the burden of making a civil case and proving, by a preponderance of the evidence, that the other driver breached their legal obligations and caused you harm. Not only that, but you also must show the extent of your losses — which is more complicated than it seems when you have ongoing injuries.
The bottom line is, the at-fault driver is likely going to have insurance handling their claim, and insurance companies have legal professionals on their side who know the laws and who will try to manipulate the system for their benefit to pay you as little as possible for your losses. You owe it to yourself to have your own trusted advocate who can fight for you.
Your Austin truck accident attorney will be there from day one, gathering evidence, putting together a strong claim, sending a demand letter to negotiate with the insurer, and fighting in court or during settlement negotiations, to get you the money you need to move forward.
Will My Austin Accident Lawyer Charge Me By the Hour?
No. At George Salinas Injury Lawyers, our personal injury lawyers don’t charge by the hour; they charge on a contingency basis. That means your lawyer will take a certain percentage of your settlement as legal fees (30% to 40% is typical). If you lose your case, you will not be required to pay the attorney’s fees. Your lawyer may also pay all case expenses and deduct them from your settlement if you win.
Studies have demonstrated that even after paying attorney fees, those who are represented by lawyers end up with larger damages in the end due to their attorney’s advocacy. This means there’s no real downside risk when hiring a lawyer — you simply get a trusted professional on your side.
How Does Texas Car Accident Insurance Work?
Texas requires all motorists registered in-state to carry at least the following amount of auto insurance:
- $30,000 per victim for physical injury– This insurance pays victims of a crash a policyholder causes.
- $60,000 per accident for physical injury– If you cause a crash and multiple parties are injured, insurance will pay up to $30,000 per individual victim with a total of $60,000 in combined compensation for all victims, if you have bought the minimum required coverage.
- $25,000 per accident for property damage– Again, this pays for property damage a policyholder causes to others — not the policyholder’s own property damage.
Drivers who do not have the required insurance can face consequences, including fines and other penalties. Fortunately, fewer than one in ten Texas drivers are uninsured–one of the lowest rates in the nation of uninsured drivers.
Unfortunately, the minimum insurance requirements set by Texas law often do not provide drivers with enough coverage to fully pay for all accident losses — especially when injuries are catastrophic. Those who can’t get full compensation from another driver’s insurer may wish to turn to underinsured motorist coverage. Insurers must offer underinsured motorist coverage to you when you buy a policy, and if you don’t want it, you must opt-out in writing according to the Texas Department of Insurance.
Many people also buy more than the required minimum amount of bodily injury and property damage liability coverage in an effort to protect their assets. And, some drivers are required to have more coverage. For example, Federal Motor Carrier Safety Administration regulations require as much as $5 million in liability insurance for some trucks.
Accident victims can sometimes sue an individual driver directly if that driver has too little insurance to fully cover damages but this strategy often isn’t successful because many people don’t have the money to pay large verdicts out-of-pocket. That’s one reason it’s so important to identify all potential defendants at blame for an accident — which could include a careless driver, but also potentially the driver’s employer or those responsible for the vehicle or road maintenance or design.
George Salinas Injury Lawyers will help you to understand how much insurance compensation is available to cover your losses and will work hard to get the insurer to pay as much as possible after someone harms you.
Does Texas Apply Comparative Negligence?
Yes, Texas applies modified comparative negligence. In Texas, you can recover compensation if you were also partially at fault for the accident. However, if you are 50% or less at fault for an accident, you will lose that exact percentage of your damages. If you are more than 50% at fault, however, you will lose all of your damages.
What are the Elements of Negligence, and How Do They Apply to Car Accident Claims?
You can break down a negligence claim into the following five different elements:
- Duty of care: A driver owes everyone else on the road a duty of ordinary care. A driver must obey traffic laws, for example, and not follow other cars too closely, etc.
- Breach of duty: To breach a duty of care means to fail to meet its demands. A driver might breach their duty of care by running a red light, for example, or by weaving out of their traffic lane.
- Cause-in-fact: The defendant’s negligence caused your damages. You might prove, for example, that you would not have broken your leg if the defendant had not run a red light.
- Proximate cause: Given the defendant’s negligence, your injuries were foreseeable to a reasonable person. Proximate cause is not present if your injuries were the result of a freak accident that no reasonable person could have foreseen.
- Damages: You must prove that you suffered harm. You can also seek damages for property damage, emotional harm, physical injuries, and more.
You must prove every element to establish negligence and win a car accident claim.
Do I Need to Prove Liability “Beyond a Reasonable Doubt”?
No. “Guilty beyond a reasonable doubt” is the standard that criminal courts use. The prosecution needs to meet that standard, for example, to convict someone of DUI. To win a personal injury claim, all you need to prove is liability by a “preponderance of the evidence.” This is enough evidence to convince a reasonable person that it’s more likely than not that the defendant is liable.
What Damages Can I Recover After a Car Accident in Austin?
Austin car accident victims are entitled to be “made whole” or to receive full compensatory damages following a collision. You should be eligible for two different types of damages including economic and non-financial losses.
Economic damages that you may be eligible to receive include payment for;
- Past and future medical bills
- Lost wages if you take time off work or use vacation or sick leave to recover from injuries
- Loss of future earning power if you become unable to continue to do your job because of the impairments your injuries cause you to experience
- Rehabilitative therapies
- Childcare costs
- Transportation to appointments
- Other out-of-pocket expenses associated with the injuries that your accident causes you to endure.
Can I Seek Damages for Emotional Distress?
Yes, you can seek damages for emotional distress. You can also seek damages for pain and suffering, loss of enjoyment of life, and many other non-economic damages. Non-economic damages typically add up to well more than half of the total value of a personal injury claim. These can be harder to measure, but are just as important. Examples of non-economic damages you should be paid for include
- Pain and suffering
- Emotional distress
- Post-traumatic stress disorder
- Disfigurement or scarring
- Loss of companionship / loss of consortium if your relationship with your loved ones is impacted by your injuries.
You do not want to accept a settlement until you know the full extent of your injuries, the damages you’ve endured, and the costs you’ll bear. Once you accept a settlement, you cannot undo it and change your mind if it turns out you should have received additional compensation.
It’s also important to remember that it is your burden to prove the extent of your damages so you can be fairly compensated. You should:
- Keep careful records of out-of-pocket expenses.
- Document your pain using a pain journal to show how your life is impacted
You may also need expert witnesses to testify about the ongoing impairments and the resulting lost earning potential, as well as the ongoing medical bills you’re likely to incur if you settle your case or receive a damage award before your injuries have fully healed.
Can I Seek Punitive Damages?
You can seek punitive damages in Texas if (and only if) you can prove by “clear and convincing evidence” that the defendant acted with gross negligence, malice, or fraud. Clear and convincing evidence” is a standard that is more difficult to meet than “a preponderance of the evidence” but easier to meet than “beyond a reasonable doubt.”
What Kind of Evidence Should I Be Seeking?
The following are the kinds of evidence that could help you prove your Austin car accident case:
- Police reports
- Witness statements
- Medical records
- Photographs of the accident scene
- Surveillance or CCTV footage
- Cell phone records (to prove texting while driving, for example).
- Event data recorder (EDR) data from the at-fault driver’s vehicle to gather Information on speed, braking, and other information
- Expert testimony from accident reconstruction experts or medical professionals
- Vehicle damage reports
- Weather and road condition reports
- Traffic citations or violations from the at-fault driver
- Your employment and wage records to prove lost earnings
- Your personal journal that describes the impact of the accident on your daily life.
- Dashcam footage
- Social media posts by other parties
Even evidence that might be inadmissible in court (a police report, for example) might be helpful in settlement negotiations.
What to Do After a Car Accident in Austin?
There are certain key steps you should take after a car accident in Austin. Here’s what you need to do:
- Stop at the crash scene: Stopping at the scene of the accident is important to avoid being charged with a hit-and-run crime.
- Contacting the police: You should report the accident, Police can come to the scene, conduct an investigation, and prepare an accident report that will be invaluable in proving your claim.
- Take photos: Document the scene of the crash, the surrounding area, the damage to your car and other vehicles, and the injuries you sustained.
- Exchange contact details. Get the contact information of the other driver and any witnesses to the crash as this will be important in proving how the collision occurred.
- Report the accident to your insurer. Always report any collision, even if the other driver claims they’ll pay for your losses. They may not have the money and you may need help from your own insurance company to pay for damages.
- Get medical help. An experienced medical professional can document your injuries so you’ll have proof they are linked to the collision. A doctor can also identify hidden injuries that may not have outward symptoms immediately but that could be life-threatening or cause ongoing complications.
You should also consult with an experienced Austin Uber accident attorney who can provide help in understanding your rights and navigating the legal system. You have just two years to make your claim under Texas Code Section 16.003, so it pays to have an advocate on your side from day one to put together your claim and ensure you can protect your rights.
What Should I Do if Someone Died in a Car Accident?
If someone dies from a personal injury, the surviving spouse, children, and parents can file a wrongful death claim. If they don’t do so within three months of the victim’s death, the victim’s estate executor can file the claim.
Schedule a Free Initial Case Consultation With Our Austin Car Accident Attorneys
You might be uncertain about the true value of your Austin, TX, car accident claim or your chances of winning. Many personal injury lawyers work on a contingency fee basis. This means we don’t get paid unless we win compensation for you. Therefore, if a personal injury lawyer offers to take your case on a contingency fee basis, your claim is believed to be strong.
Please get in touch with our Austin car accident attorneys at George Salinas Injury Lawyers for a free case review.