An automobile accident is the most common type of personal injury case filed in our courts.
A car accident occurs every ten seconds in the United States, according to the National Transportation Safety Board. According to statistics, there were 6,000,000 auto accidents in the United States in 2005, resulting in 43,443 deaths and 2,699,000 injuries. Automobile accidents are the leading cause of death among Americans aged 3 to 33.
Inattentive or distracted drivers, drunk driving or drug or alcohol-related crashes, and speeding or reckless driving are all frequently cited causes of auto accidents and car crashes. Defective products are another cause of car accidents.
Austin, Texas, Car Accident Lawyers
No one can really anticipate getting into a car crash with another motor vehicle in Austin, Texas, but when the unexpected happens and physical damages occur, personal injuries may not be the only legal concern. Many people, who are involved in car wrecks, often suffer psychological and emotional damages as well.
A car crash could affect every major part of your life, including your ability to work, pay off medical bills, and afford car repairs. Should that be your experience, you will need to have supportive legal guidance and a team of aggressive car accident attorneys fighting for you. We care about our clients as if they were a part of our own family. When someone suffers personal injuries from a car accident, we understand the major impact it has on a person’s life.
You must be able to trust your lawyers completely. If you are worried about how much you will be charged for their representation, or how well they will handle the circumstances of your case, then they are not the right attorneys for you. We are proud of our level of commitment and the community support we receive. We work hard to get fair settlements from which we never take excessive and unfair commissions.
What you need to know about insurance coverage
Texas law requires every owner or driver of a vehicle to provide evidence of “financial responsibility”, either through self-insurance or more commonly, through the maintenance of liability insurance. Liability insurance is designed to provide compensation to another person in the event that you cause an accident and are found to be liable for damages arising from the accident.
Pursuant to Texas law requires the minimum amount of liability insurance coverage as follows:
- $15,000 for bodily injury or death of one person in any one accident
- $30,000 for bodily injury or death of two or more persons in any one accident, not to exceed the per-person limits above
- $5,000 for damage to property of others in one accident
The preceding amounts represent the bare minimum of liability insurance coverage required by Texas law. Individuals frequently obtain higher amounts of liability insurance coverage to protect their personal assets in the event that they are at fault in a serious accident. In addition to liability insurance, a consumer may choose to purchase other types of coverage when purchasing auto insurance. Here are some examples of additional types of coverage:
Medical Payment Coverage
This type of insurance provides payment for injuries sustained by the insured driver and his or her passengers, regardless of the driver’s fault. This type of coverage is also known as “med-pay” or “personal injury protection (PIP).” The policy limits stated in the insurance policy declarations sheet for the person who purchased the coverage determine the amount of med-pay benefits.
Uninsured or Under-insured Motorist Coverage
These types of coverage protect you against a negligent defendant who lacks liability insurance or has insufficient coverage to fully compensate you for your injuries. If you are in an accident with an uninsured but negligent driver, you can file a claim under your own uninsured motorist coverage. Your own insurance carrier would then be obligated to pay any judgment rendered, up to the limits of the policy you purchased. If the person who caused the accident has liability insurance, but the policy limit of his or her liability insurance is less than your policy’s uninsured motorist coverage, and your damages exceed the limits of the other person’s liability coverage, an additional claim for underinsured motorist benefits may be made under your own policy.
Collision Coverage
Collision coverage is a type of optional coverage that pays for the repair or replacement of your own vehicle after an accident, regardless of fault. This coverage is distinct from the above-mentioned property liability insurance coverage. An individual who is not at fault in an accident may file a claim for property damage either through his or her own collision coverage or through the negligent defendant’s property damage liability insurance coverage. A deductible is typically included in collision coverage, but not in property damage liability insurance coverage. In an automobile accident case, after a claim has been paid under collision coverage, the insurance carrier that paid the claim may sue the negligent defendant’s property damage liability insurance carrier to recover the amount paid out. This is known as subrogation, and it has no bearing on recovery.
Legal Issues
Motor vehicle accidents take place due to various reasons and each year many people die, millions sustain injuries in such accidents. These accidents generally happen due to someone else’s carelessness. Such kinds of accidents take place due to some sort of distractions surrounding us and as such increase the likelihood of such incidents.
Most Accidents Caused by Negligence
In most cases involving automobile accidents, the law of negligence is applied. Negligence is generally defined as the failure to exercise reasonable due care in order to avoid foreseeable harm to a person, place, or thing. A negligent driver of a vehicle may be required to pay for any damages caused by his or her negligence, whether the damages are to a person or to property. When driving, people are generally expected to use “reasonable care under the circumstances.” Most lawsuits for damages caused by an automobile accident are based on a failure to use reasonable care.
Courts consider a number of factors in determining whether or not a driver was negligent. Examples of these factors include, but are not limited to, the following:
- Inattention to the actions of other drivers
- Driving too fast or too slow
- Disregarding weather, road conditions or traffic conditions
- Failure to observe traffic signs or signals
Accidents Caused by Intentional or Reckless Conduct
Accidents can also be caused by a driver’s intentional or reckless behavior. A road-rage accident is an example of an accident caused by the driver’s intentional behavior. A driver’s reckless behavior would be when they drive unsafely, with a willful and wanton disregard for the possibility that their driving will cause an accident.
Driving under the influence of drugs or alcohol is another example of a driver’s intentional or reckless behavior.
Accidents Caused by Product Defects or Other Factors
Accidents can also be caused by factors that have nothing to do with a driver’s actions. For example, under product liability laws, an automobile manufacturer or parts supplier may be held liable for a defect in a vehicle or a vehicle component. A product liability suit is a lawsuit filed against a product’s seller for selling a defective product that caused physical harm to a consumer or user.
Accidents can also be caused by factors outside of the driver’s control. These are some examples of these factors:
- Improper design or maintenance of the roadway
- Malfunctioning traffic signals
- Poor lighting
- Failure to provide proper warning of construction or other road hazards
- Trees, utility poles or other hazards that obscure a driver’s field of vision
Accidents Caused by Drunk Drivers
Alcohol-related motor vehicle crashes kill someone every 31 minutes and injure someone every two minutes, according to a National Highway Traffic Safety Administration (NHTSA) report. Unfortunately, drunk drivers may be uninsured or underinsured, with few assets to pursue legal action. Under certain conditions, it may be possible to seek restitution from the person who supplied the driver with the alcohol. A bar, liquor store, or restaurant may be held liable for damages caused by a person’s drinking under Texas law if it sold alcohol to an obviously intoxicated minor.
Texas law may impose liability on bartenders who serve alcohol in a social setting, such as at a party or at their home. Texas does have a “dram shop act” (“dram” was once a common term for “liquor”); Texas law may impose liability on those who sell alcohol to people of legal drinking age.
If you or a loved one has been injured in a car accident, it is critical to act quickly to preserve evidence, investigate the cause of the accident, and file a lawsuit before the statute of limitations expires. Don’t put off taking action to protect your rights; contact us today for a free consultation.
Car Accident Attorneys in Austin
If you or someone close to you is a victim of motor vehicle accident injury, you need help of an experienced auto accident attorney who will ensure to recover your compensation. At The Austin Personal Injury Lawyer we have a team of experienced and qualified motor vehicle accident lawyers who can help you to get the justice you deserve. We evaluate your case free of cost and help you in making your case strong. We obtain the desired results for our clients and put in our best to help you win. You need to file your claims within the deadline so meet an motor vehicle attorney in our office and today.
We can help you recover damages for:
- Emotional distress
- Expenses for medical checkups
- Treatment costs
- Loss of earnings
- Upcoming medical costs
- Loss of future earnings
- Miscellaneous expenses