When we get in our car, we seldom think about the hazards of driving. Most of the time, our drives are uneventful, with an occasional near-hit because someone is acting foolishly. We often complain of the person who cut us off or blew a red light and almost hit you. If you have found your way to this page, it is most likely that you did not get so lucky and that person did hit you. When you are seriously injured in a car accident, you may be eligible for a free consultation. Our Texas car accident attorneys are here to help guide you through your legal case step by step. We will make the legal aspect of your case our responsibility so that you can focus on your health and well-being. We understand how frustrating it can be to have medical bills and lost wages from an accident that could have been avoided and we want to fight for your right to full and fair compensation. After you read about your case, please do not hesitate to call our office to set up a free consultation.
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Texas Statute of Limitations
In Texas, you have two years exactly from the date of your accident to bring your claim or settle it in civil court. Two years in terms of setting up a successful case is not necessarily a long time. You should never wait to contact an attorney. If you are cutting it close to the deadline, you may not be able to bring your case. It takes time to build a good, strong case. There is evidence that needs protecting and there are witnesses who need to be interviewed. If you miss this statute of limitations, then you will have no ability to bring your claim any longer.
How Texas Compensation Law Works
Texas law for compensation allows for you to collect compensation even if you have partial fault in causing the accident. The only way to be barred from receiving compensation is if you are found to be more than 50 percent at fault for the accident. If you have been found 50 percent or less at fault for your accident, then you will have a reduced compensation award. For instance, if you were 20% at fault for causing the accident, and you have been rewarded $100,000 in damages and injuries, then you will be able to collect $80,000. It is our duty to get you the most compensation possible by defending your role in the accident and keep them from blaming it on you.
First Steps for a Successful Car Accident Case
If you want to have a successful car accident case, you need to make yourself the priority. Your health is the most important factor. Right after the accident, you need to seek medical attention as soon as you can. If you wait to see a doctor, you will be at risk of worsening your condition. It is important that you take care of yourself right away because not only will you get the treatment you need right away, but if you don’t, the insurance company will use this as an excuse to reduce the amount of compensation that they owe you or they will try to claim that your injuries came from something that came after the car accident which would absolve them from giving you compensation.
An equally important step is to collect evidence from the scene. The best way to do this is by taking photos of the scene exactly as it is when the accident happened. You should take photos of the cars involved from many angles, tire marks on the road, a picture of the whole scene, and your noticeable physical injuries. You should also talk to any witnesses and get their contact information. Lastly, you need to get the insurance contact information from the other driver(s) involved in the accident.
Most Common Types of Car Accident Injuries
Car accidents, as you probably already know, can cause serious injuries as well as serious damage. If you tend to these car accident injuries, you will be on the mend right away. The most common types of car accident injuries include:
- Broken and fractured bones
- Head, back, or neck injuries
- Concussions and contusions
- Internal organ damage
- Cuts and lacerations
Again, your health is the most important factor to this car accident case and seeking medical attention is the most important step to making your case a successful one.
Drunk Driver Accidents
Automobile accidents happen for a variety of reasons. One of the common causes is driving while intoxicated. There are over 9,000 people killed in alcohol related accidents each year. This accounts for nearly one- third of all traffic related deaths. When a driver is impaired due to alcohol, their reflexes and judgment are impaired. This makes it difficult for them to stop on time and it can be difficult for them to stay in their lane of traffic. A driver is considered drunk when they have a blood alcohol level of .08. If a driver is involved in an accident and they refuse to take a breathalyzer, they would be considered drunk and charged accordingly.
If a driver causes an accident when they are drunk, they would be arrested at the scene. The driver would lose their license for up to 90 days, be required to attend regular alcohol education classes, pay a great deal of money in fines, they would be required to take insurance out on their license. If it is not the driver’s first offense, the penalties would be worse. The same is true if the drunk driver accident caused serious injury or death.
If a sober driver was involved in an accident with a drunk driver, they should contact an attorney immediately. The driver could be injured, which could lead to extensive medical bills and lost wages. Their vehicle could also be damaged. After a drunk driving accident, there can also be a great deal of pain and suffering. These are costs that the person who caused the drunk driving accident should be responsible for. A lawyer can help the victim get the compensation that they deserve.
Car & Tire Defect Accidents
Given that most motorists have become so dependent on their vehicles in order to manage their everyday lives, maintaining a car that is safe and fully functional is of the utmost importance. Indeed, based on the fact that Americans drive three trillion miles annually, making sure you have quality tires is an act that can literally be vital to life. Therefore, this makes the potential to experience a car and tire accident all the more unnerving.
Much like other serious accidents, suffering from a car & tire defect accident can mean the difference between life and death. Victims of these types of crashes can suffer an array of symptoms ranging from minor fractures to brain damage or even death. In other words, driving around on tires that are potentially defective can cause a car & tire defect accident as well as an array of injuries.
In terms of preventative maintenance, there is an array of things you can do to ensure your tires continue to perform at an optimal level. Be sure to keep them filled with the proper amount of air, which may require you to seek out professional help in order to make sure they are not too full or too empty. You will also want to have the rotated as needed, and replace them when they no longer have sufficient tread. The advice of a good lawyer can help you determine your best possible options when recovering from a car & tire defect accident and making sure your rights and best interests are protected.
If you have been involved in a company vehicle accident, you likely have a lot of questions, and it is important that you are able to have all of these answered to your satisfaction. First, the mere fact that you are in a company vehicle does not mean your right to seek compensation from the other driver is limited, or that the damages you are entitled to seek (such as past medical costs, lost wages or physical pain and impairment) are any different. You are entitled to make a claim under the other driver’s auto policy and seek the same compensation as if you were in your private vehicle.
One possible difference however is that if you were driving a company vehicle, and you were in the course and scope of your employment at the time of the company vehicle accident, you may also have a workers compensation claim. If you do make a workers compensation claim for the car accident, and the workers comp carrier pays for your medical treatment or lost wages due to the accident, then the workers comp carrier has a lien against any settlement you get from the other driver’s automobile insurance. In other words, workers comp gets paid back out of your settlement whatever they have paid out. Even if that applies to you, you are still entitled to seek your damages from the other driver’s auto insurance. You may also be surprised to learn that you can probably make a claim with your own private automobile insurance carrier, even though you were in a company vehicle.
If your employer has told you that they will “take care of everything” related to the accident, exercise caution. In no documented instances has an employer made a claim against a third party’s automobile insurance on behalf of their employee. In fact arguably they couldn’t, because that verges on the unauthorized practice of law. If you were injured in a motor vehicle accident while driving or riding in a company vehicle and want to make sure you know your legal rights, please contact one of our Texas car accident attorneys today to discuss your case.
Fatal accidents can be the most difficult of accidents to deal with because at least one of the motorists have lost their life due to the extent of injuries from the car accident. Often, the fatal accidents occurred as a result of speeding or not following the different traffic laws that are in place. When a car accident of this nature occurs, there may be an array of criminal charges filed – involuntary manslaughter, vehicular manslaughter, or even murder.
Most of the time, fatal accidents are due to an unintentional mishap as a result of not following the rules which led involuntarily to taking someone’s life. If a vehicle was used to cause an intentional death, then the case is tried in a very different way. You cannot deal with the consequences of a fatal car accident on your own. By choosing an experienced and professional legal team, it is possible to expedite the litigation and make the various evaluations that need to take place surrounding your case. The advice of a good lawyer can help you determine your best possible options when recovering from fatal accidents and making sure your rights and best interests are protected.
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Contact Our Texas Car Accident Attorneys Today
If you are looking for dedicated, experienced, and capable representation, then please call our Texas car accident attorneys today to get the compensation you deserve. We will support you through the entire process and ensure that you have the best chance of getting the most possible compensation.