Texas Car Accident Lawyers
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No matter how carefully you may drive, chances are that you or someone you love may be involved in a motor vehicle collision. It’s important to understand your rights and how an experienced personal injury lawyer may help you after a car accident.
TEXAS AUTO ACCIDENT STATISTICS
According to the Texas Department of Transportation, overall, in the state of Texas, in 2018:
- 1 person was killed every 2 hours 25 minutes
- 1 person was injured every 2 minutes 7 seconds
- 1 reportable crash occurred every 58 seconds
- 249, 241 persons were injured in motor vehicle traffic crashes.
- There were 12,161 serious injury crashes in Texas in 2018 with 14,908 people sustaining a serious injury.
- There were no deathless days on Texas roadways in 2018.
As for the most dangerous roadways in Texas, the Texas Department of Transportation reported that out of the 3,303 fatal crashes that occurred in 2018:
- 618 occurred on the interstate.
- 1,355 occurred on US and state highways.
- 225 occurred on county roadways.
- 546 occurred on city streets.
MAKING A CAR ACCIDENT CLAIM
After a car accident, you may have injuries that require medical attention, a hospital stay, or multiple surgeries with lasting damage. Don’t make it any more painful than necessary by refusing to hire a car accident attorney.
If you’ve been injured in an auto accident, a car accident attorney may:
- Assist you in determining liability. An experienced lawyer may assist you in determining how much you may be entitled to for your injuries based upon each party’s percentage of fault. A lawyer may also help you determine who or what may be responsible for your injuries.
- Assist you in collecting and organizing evidence. An attorney may help you collect as much evidence as possible, which includes: names of witnesses and other parties involved in the accident, medical records and costs of treatment, and any photos of the accident scene.
- Negotiate a fair settlement with the insurance adjustor. A lawyer may understand how much your case is worth and may assist you in conducting negotiations with the insurance company in order to help you seek a fair settlement amount.
- Assist you in proving a driver’s negligence at trial. In a car accident lawsuit, you’ll have to show that the other driver was negligent. In order to prove negligence, the following must be proved:
- That the other driver owed you a duty of care. All drivers owe others on the road a duty to exercise reasonable care and attention.
- That the other driver breached their duty of care, meaning that the driver failed to exercise reasonable care.
- That the breach caused your injuries.
- That you were, in fact, injured.
WHO IS AT FAULT?
The degree of fault associated with each party in an accident varies depending on the type of collision:
- Fault in rear end accidents. Drivers are supposed to leave enough room in front of their car to stop when the car in front of them stops suddenly. If the driver behind you couldn't stop, they probably weren’t driving safely. You could also be partially at fault if your negligence contributed to the accident. For example, if your brake lights were out or you had a flat tire and decided to stop in the middle of the road, you may also bear some comparative negligence, which may reduce your compensation.
- Left-turn collisions. Left-turn accidents are usually the fault of the driver taking the left turn. Cars driving straight into an intersection usually have the right of way in most cases. However, if the car going straight through the intersection is speeding or runs a red light, this may shift some or all of the liability away from the car turning left.
- Drunk driving. Driving under the influence may not only result in a fine or license revocation, but may also cause traumatic injuries to others involved in an accident. Once a driver is convicted of drunk driving, the conviction constitutes negligence per se, meaning that a victim need not prove all 4 elements of negligence. Rather, the victim need only prove that the drunk driver caused their harm.
- Running red lights. Drivers that run red lights or stop signs run the risk of causing side-impact collisions at high speeds. Similar to drunk driving cases, it is negligence as a matter of law, or negligence per se, if a driver is found guilty of having run a red light.
COMMON ACCIDENT INJURIES
Common injuries sustained in car accidents include:
- Bone fractures
- Neck, back and spine injuries
- Traumatic brain injuries
- Internal organ damage.
Other injuries may be harder to detect because symptoms may not appear until days, weeks, or even years after the accident occurs. These types of undetectable injuries typically include soft tissue damage, where the symptoms may include:
While some of these injuries may seem benign, they could be indicators of a more serious problem, including torn ligaments or a possible brain injury.
CAR ACCIDENT COMPENSATION
Typically, damages for personal injury claims fall under two categories: economic or non-economic damages.
The two main types of economic damages are medical expenses and lost wages. Medical expenses may include:
- Ambulance transportation
- Hospital fees
- Costs of rehabilitation and physical therapy
- Costs for possible future medical treatment
Lost wages represent the time you are off from work due to your injuries from the accident. Lost wages may include:
- Vacation time
- Loss of earning capacity
Non-economic damages are losses or injuries that are suffered by an accident victim, but are not defined in monetary terms. Non-economic damages may cover:
- Pain and suffering
- Emotional distress
- Physical impairment
- Physical disfigurement
- A lowered quality of life
- Mental anguish
COMPENSATION FOR MINORS
The parent may sue for economic expenses, such as medical expenses, for their child because, under Texas law, a parent is responsible for maintaining the health and welfare of their child while the child is a minor.
On the other hand, non-economic damages are personal to the child. Under Texas law, a minor cannot bring a claim individually until they turn 18. However, a parent may act as a personal representative of the minor and bring those claims on the child’s behalf.
STATUTE OF LIMITATIONS
For car accidents in Texas, the standard statute of limitations is 2 years, meaning that a victim must file their personal injury claim within 2 years after the date of the accident.
In car accidents involving minors, the 2-year statute of limitations begins to run on the minor’s 18th birthday. For example, if the victim was 10 years old at the time of the accident, and the statute of limitations for car accidents is 2 years, then the victim would have 10 years to file a lawsuit before being barred by the statute of limitations.
TRUST THE TEXAS CAR ACCIDENT LAWYERS AT ZINDA LAW GROUP
At Zinda Law Group, our auto accident lawyers have the experience and knowledge that has helped many injured victims seek compensation after suffering an injury from a motor vehicle accident. We have the knowledge and resources necessary to help you build the strongest case possible and to seek the compensation you may be entitled to.
Meetings with attorneys by appointment only.
FREQUENTLY ASKED QUESTIONS
HOW MUCH DOES A LAWYER CHARGE AFTER A CAR ACCIDENT?
At Zinda Law Group, our firm believes that an injured victim should never have to worry about their ability to afford excellent legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we achieve a favorable settlement, judgment, or verdict for your personal injury claim. That’s our No Fee Guarantee.
HOW MUCH DO YOU GET FOR PAIN AND SUFFERING IN A CAR ACCIDENT?
There are two methods commonly used to calculate damages for pain and suffering: the per diem method and the multiple method. The per diem method calculates the dollar amount the victim makes in a day multiplied by the amount of days the victim continues to suffer after the car accident. The multiple method is more commonly used and is made by totaling the victim’s economic damages and applying a multiple from 1 to 5.
WHAT IS THE AVERAGE SETTLEMENT FOR A CAR ACCIDENT?
Every car accident is different, so the value of your case is based on the circumstances of your accident and injuries. Typically, the total amount of a victim’s settlement is about three times the amount of their medical bills. A judge may also take into account the type of injury, the kind of treatment received, the length of therapy, and any loss of income sustained after the accident.