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November 14, 2019

Austin Car Accident Lawyer

Have you been injured in a severe auto wreck and aren’t sure where to turn? Consult a qualified car accident lawyer in Austin to hold the liable party accountable for their negligent actions.

Few types of accidents are as serious as car crashes. The sudden impact of a collision can be fatal, and those lucky enough to survive can suffer from catastrophic injuries.

You could be stuck with a permanent debilitating injury, which leaves you unable to work while you recover to the best of your ability. A lack of income can put your family in financial ruin, which is why you’ll want to do everything in your power to ensure the responsible party covers your financial losses.

At Crain Lewis Brogdon, LLP, we are passionate about helping car crash survivors move forward with their lives. Your Austin car accident lawyer will examine the evidence to determine who is to blame for your injuries so they can be compelled to compensate you accordingly.

It will also be our responsibility to review your damages carefully so that no loss goes unaccounted for. With our firm in your corner, the chances of your claim being a success will increase exponentially.

Claims Against the At-Fault Driver

More often than not, car accidents are caused by the irresponsible or reckless actions of the driver who hit you. Maybe the driver was under the influence of drugs or alcohol, for example, or they were too tired to drive safely.

Other times, the driver might have been driving while distracted. When a driver is paying attention to anything other than the road, such as looking at a GPS, chatting with a passenger, texting or talking on the phone, or reaching for a beverage, the chances of an accident become dangerously high.  

There is also a chance that they were driving aggressively, whether by weaving in and out of traffic, rolling through stop signs, running red lights, failing to use their turn signals, speeding, or following too closely. However, it might come as a surprise to learn that the driver who hit you might not have been driving irresponsibly and someone else could have played a part in the cause of your crash.

Other Entities That Could Be Liable for Your Damages

Apart from the other involved driver, there are a few other parties who could have contributed to the cause of your injuries. Automakers, for instance, can be brought to justice when they knowingly install faulty car parts or fail to issue recalls on defective parts in a timely manner. Technicians who perform maintenance or repairs on either involved car can also be held accountable, if they were negligent.

Furthermore, the Texas Department of Transportation (TxDOT) could be named as the defendant in your case when the roads themselves were hazardous. If you were injured because of an unsecured construction zone, large pothole, broken traffic light, or missing street lamp or sign, you may be able to bring a claim against TxDOT under the Texas Tort Claims Act.

Despite the fact that pursuing a car accident claim is sure to be overwhelming, remember that it will be worthwhile when you are able to walk away with the compensation you deserve.

Quantifying Your Losses

It’s critical to the outcome of your case that you go into great detail about the damages you’ve experienced as a result of your injuries. Your lawyer will be responsible for making sure that each and every way your life has been affected by the collision is considered when calculating the value of your claim.

Some of the most frequently sought damages in car accident claims include the following:

  • Pain and suffering
  • Inconvenience
  • Loss of enjoyment of life
  • Property damages
  • Loss of consortium
  • Scarring or disfigurement
  • Lost wages and earning potential
  • Loss of household services
  • Coverage of your medical bills and equipment

Each of these losses will be categorized as economic, meaning they impacted your finances, or non-economic, meaning they impacted your lifestyle. This is important because these classifications will ultimately help establish how much your total damages are worth.

Austin Car Accident FAQ

When you’re involved in a car accident, the aftermath is rarely easy, but when you have to file a claim in order to recoup your damages, you might be feeling intimidated and unprepared for the legal process.

For this reason, we have answered some of the most commonly asked questions we receive regarding the car crash claims process. In the event that you have a question that wasn’t answered here, we can discuss your concerns during your free initial claim evaluation.

Can I still file a claim if I partially caused the collision?

Absolutely. Texas’ contributory negligence laws are modified comparative, which means even those who are partially responsible can still pursue a claim against the other party who caused your injuries. However, you will be assigned a percentage of culpability, up to 50 percent, and any compensation you are awarded will reflect this liability.

For example, let’s say you were found to be 20 percent responsible for the cause of the accident, and the jury awarded you $400,000 for your damages. This award will then be reduced by 20 percent, and your case will be closed with a final award of $320,000. Your lawyer will ensure that you are treated fairly when your percentage of fault is being determined.

What are punitive damages?

Punitive damages, also known as exemplary damages, are an additional award that you can receive under specific circumstances. Not only are punitive damages rarely awarded, but only the judge can issue them. If, after reviewing the evidence, the judge finds that the defendant acted egregiously or was willfully causing you harm, then they have the option of awarding punitive damages.

It’s worth noting that the purpose of exemplary damages is to punish the liable party and to send future wrongdoers a message that similar behaviors are not going to be tolerated by the Austin court system.

Is there a deadline for filing my car crash claim?

The deadline in question is the statute of limitations for car accident claims. In Texas, civil claims need to be filed within two years of the date of the accident, or, if you were diagnosed with injuries stemming from the wreck at a later date, the statute of limitations could begin running from the date of your diagnosis.

This time limit is of utmost importance because, if your claim isn’t filed before the statute of limitations expires, then your case will be barred from going to court and you’ll lose out on the opportunity to secure the funds that are rightfully yours.

Enlist Help from an Austin Car Accident Attorney

When you’re already dealing with the physical impact of your injuries, the last thing you need is to be stuck covering your costs. Reach out to an experienced  Austin car accident lawyer at Crain Lewis Brogdon, LLP for help building a powerful case against the culpable party.

In fact, you can schedule your free claim review today by completing the online contact form we have provided at the bottom of this page, or by giving our office a call at 214-522-9404.