Austin Car Accident Lawyer

Were you injured in an Austin car accident caused by another driver? You may face medical bills, vehicle repair costs, and a long recovery process. Whether you were involved in a single-vehicle crash, a multi-vehicle pile-up, or a pedestrian accident, an experienced car accident attorney can help you understand the legal system. They can also pursue the financial compensation you need to move forward.

At Loewy Law Firm, we have extensive experience representing car accident clients in Austin and throughout Texas. Our team of personal injury lawyers will work hard for the best possible result for your car accident injury claim. Contact us today to learn more through a free legal consultation.

Austin Car Accident Statistics

With an ever-growing population, the streets of Austin are increasingly busy. Unfortunately, this has led to a recent spike in traffic fatalities in the city. According to the City of Austin’s Vision Zero Task Force, fatal accidents in Austin are trending upward. In a recent year, the city’s traffic fatality record was 112 fatal accidents that resulted in 120 deaths. Distracted driving is one of the biggest culprits of Austin crashes. Overall, there were 4,378 total accidents in Travis County in the same recent year.

Despite the city’s efforts, Austin still has some of the most dangerous intersections in Texas. The top five most dangerous intersections in Austin are:

  • West Slaughter Lane and Manchaca Road (South Austin)
  • Lamar Boulevard and Rundberg Lane (North Austin)
  • Lamar Boulevard and Parmer Lane (North Austin)
  • S. 183 Service Road and Cameron Road (Northeast Austin)
  • I-35 Southbound Service Road and Martin Luther King Jr. Boulevard (near Downtown).

What To Do After A Car Accident In Austin

It’s important to take the proper steps after a car accident. This will ensure that you receive the necessary medical treatment, preserve significant evidence for your auto accident claim, and maximize the potential for a successful recovery.

Steps to take after a car accident:

  1. Seek medical attention: After being injured in a car accident, seek medical attention as soon as possible. Even if your injuries do not appear serious, it is still essential to be evaluated by a medical professional. This documents your injuries for purposes of seeking compensation.
  2. Exchange information: Exchange details with the other driver involved in the accident, including name, address, phone number, insurance company, and policy number. Make sure to get the contact information for any witnesses who may have seen the accident.
  3. Take photos: If you can, take photos of your injuries, the accident scene, damage to the vehicles involved, and any road conditions that may have contributed to the accident.
  4. File a police report: Contact law enforcement and file a police report immediately after an accident. You can use the police report as evidence in an insurance claim or personal injury lawsuit.
  5. Contact your insurance company: Notify your insurance company of the accident and provide them with all relevant information.
  6. Speak to an attorney: Consider speaking to one of our experienced Austin car accident attorneys who can review your case and explain your legal options.

What to Expect in the Car Accident Case Process

Step 1: Hiring an Attorney

Consult with an experienced car accident attorney as soon as possible after the accident. The attorney will review your case, explain your rights, and outline the next steps. This initial consultation often helps determine the strength of your claim.

Step 2: Investigation and Evidence Collection

Your attorney will conduct a thorough investigation. This includes gathering evidence such as police reports, witness statements, traffic camera footage, accident reconstruction reports, and medical records. An attorney’s expertise ensures that all relevant evidence is collected and preserved effectively for building a strong case.

Step 3: Filing a Claim

Your attorney will file a claim with the at-fault driver’s insurance company. The claim will detail the extent of your injuries, property damage, and any other losses incurred. This documentation helps establish the basis for your compensation request. An attorney’s knowledge of the legal requirements and procedures ensures the claim is filed correctly and promptly.

Step 4: Negotiation

Insurance companies often try to settle claims quickly for the lowest possible amount. Your attorney will handle all negotiations, advocating for a fair settlement that adequately compensates for your losses. This includes medical bills, lost wages, and pain and suffering. Attorneys use their negotiation skills and understanding of the full value of your claim to fight for a just settlement.

Step 5: Pre-Litigation Settlement Efforts

Many cases are settled before going to court. Your attorney will present the evidence to the insurance company and negotiate a settlement. If the insurance company’s offer is fair, your case may conclude at this stage. Attorneys leverage the evidence and legal arguments to push for a settlement that meets your needs.

Step 6: Filing a Lawsuit

If a fair settlement cannot be reached, your attorney will file a lawsuit against the at-fault party. This step involves preparing legal documents and initiating court proceedings to seek compensation through the legal system. An attorney’s experience in litigation ensures that all procedural requirements are met.

Step 7: Discovery Process

During discovery, both parties exchange information and evidence related to the case. This phase includes depositions, interrogatories, and requests for documents. Your attorney will guide you through this process and prepare you for any necessary participation. Attorneys use discovery to build a stronger case by uncovering all relevant facts and evidence.

Step 8: Mediation or Arbitration

Before going to trial, the court may require mediation or arbitration. These alternative dispute resolution methods aim to settle the case without a trial. Your attorney will represent you and negotiate on your behalf during these sessions. Attorneys utilize their negotiation skills to achieve the best possible outcome in mediation or arbitration.

Step 9: Trial

If mediation or arbitration does not result in a settlement, your case will proceed to trial. Your attorney will present the evidence, call witnesses, and make legal arguments to seek a favorable verdict. The judge or jury will determine the outcome and the amount of compensation. An attorney’s courtroom experience and advocacy are critical during this stage.

Step 10: Receiving Compensation

If a settlement or a favorable court verdict is reached, you may receive compensation. This will typically cover medical bills, lost wages, property damage, and any other documented losses. Your attorney will ensure the proper disbursement of funds. Attorneys help ensure that you receive the full amount of compensation owed and manage any legal or procedural requirements involved in disbursing the funds.

A well-prepared approach to the car accident case process helps manage expectations and reduces stress. Consulting with a knowledgeable attorney provides guidance and support throughout each step, increasing the likelihood of a favorable outcome.

Common Causes Of Car Accidents

Car accidents are an unfortunate reality for many drivers. In Austin, upwards of 12,000 car accidents occur yearly, often resulting in serious injuries or even death. The most common causes of car accidents in Austin, TX include the following:

  • Distracted driving: Distracted driving can refer to any activity that takes a driver’s attention away from the road, including texting, talking on the phone, eating, applying makeup, talking to passengers, or adjusting the radio.
  • Intoxicated driving: Drunk driving is a serious problem across the country and can lead to fatal accidents. If someone is over the legal blood alcohol limit, they should never get behind the wheel. Driving under the influence of drugs is also a significant source of crashes.
  • Speeding: Excessive speed increases the chances of a speeding accident and can make a crash more severe. Drivers must follow speed limits and adjust their speed based on conditions like rain or snow.
  • Reckless driving: Reckless driving is any behavior where a driver disregards the safety of other drivers. Examples include tailgating, unsafe passing, running red lights, and weaving in and out of traffic.
  • Weather conditions: Bad weather, including rain, snow, and fog, can reduce visibility, making it hard to see potential hazards on the road and increasing the risk of an accident.
  • Mechanical failure: Mechanical failure and lack of proper maintenance can cause a vehicle to malfunction and become unable to operate safely.

How an Attorney Uses the Cause of the Accident in a Case

Understanding the common causes of car accidents helps an attorney build a strong case. Here’s how:

Establishing Liability

Identifying the cause of the accident helps establish who is at fault. An attorney will use evidence, such as police reports, witness statements, and expert analysis, to demonstrate that the other party’s negligence caused the accident.

Supporting Evidence Collection

Knowledge of common causes aids in gathering relevant evidence. For instance, if distracted driving is suspected, the attorney might obtain phone records. For intoxicated driving, they will seek breathalyzer or blood test results.

Expert Testimony

Attorneys may call upon experts to provide testimony. For example, a mechanical expert can explain how a vehicle failure contributed to the crash, or a traffic expert can discuss how weather conditions played a role.

Negotiating with Insurance Companies

Insurance companies often try to minimize payouts. An attorney uses the established cause of the accident to argue for fair compensation, showing how the other party’s actions led to the damages.

Enhancing Settlement Offers

Detailed knowledge of the accident’s cause strengthens the attorney’s position. It allows for more effective arguments for compensation covering medical bills, lost wages, and other damages.

Attorneys ensure a comprehensive approach to each case, working towards a favorable outcome for their clients.

Common Injuries in Austin Car Accidents

Unfortunately, even at low speeds, car crashes can cause devastating injuries. Some of the most common injuries that occur in Austin car accidents include:

  • Traumatic brain injuries (TBIs): Traumatic brain injuries can range from mild concussions to severe brain damage. Symptoms may include headaches, confusion, memory loss, depression, loss of coordination, balance issues, or changes in personality or behavior.
  • Neck and back injuries: Whiplash is the most common type of neck injury and occurs when the head whips violently back and forth. Lower back injuries like sprains and strains can also occur due to the force of impact during a car accident.
  • Spinal cord injuries: Spinal cord injuries are more severe injuries that can occur when the vertebrae that make up the spinal column are damaged or dislocated due to the force of impact from a car accident. A spinal cord injury can be partial or complete. A complete spinal cord injury causes paralysis below the site of the damage.
  • Broken bones: Depending on the severity of the crash, a person can have broken bones that range from simple fractures to more serious compound fractures
  • Internal injuries: Internal injuries occur when vital organs such as the heart, lungs, or liver sustain damage during a car accident. Organ trauma can be life-threatening and requires immediate medical attention.

How an Attorney Uses Injury Information in a Case

Understanding the specific injuries sustained in a car accident helps an attorney build a strong case. Here’s how:

Documenting Medical Evidence for Specific Injuries

An attorney will gather detailed medical records specific to the type of injury. For instance, in cases of TBIs, they will obtain neurological reports. For spinal cord injuries, they will collect MRI scans and doctor evaluations.

Consulting Medical Experts on Specific Injuries

Attorneys often work with medical experts who specialize in the type of injury sustained. Neurologists for TBIs, orthopedic surgeons for broken bones, and internal medicine specialists for organ damage can provide critical testimony about the long-term impacts of these injuries.

Calculating Damages Based on Injury Type

Accurately calculating damages involves understanding the specific injury’s implications. For TBIs, this includes long-term care and rehabilitation. For broken bones, it includes surgery costs and physical therapy. Attorneys ensure all these factors are considered when seeking compensation.

Negotiating with Insurance Companies Using Specific Injury Details

Insurance companies may downplay the severity of injuries like whiplash or internal injuries. An attorney will use detailed medical evidence and expert testimony related to the specific injury to argue for fair compensation.

Preparing for Trial with Injury-Specific Evidence

If a settlement cannot be reached, understanding the specific injuries allows the attorney to effectively present the case in court. Detailed knowledge of the injuries ensures a comprehensive and convincing argument, whether it’s demonstrating the impact of a TBI or the long-term effects of a spinal cord injury.

Attorneys use specific injury information to ensure that clients receive compensation to cover all aspects of their recovery and future well-being.

Statute of Limitations in Texas

When filing a lawsuit after a car accident, time is of the essence. The statute of limitations in Texas is two years from the date of the accident. This means that if you were injured in a car crash, you must file your lawsuit within two years of the date of the accident, or you may lose your right to sue. Therefore, it is essential to consult with an experienced Austin car accident lawyer as soon as possible after your accident to ensure that all your legal rights and remedies are protected.

Modified Comparative Negligence in Texas

Texas follows a fault apportionment rule of modified comparative negligence. This law determines who is at fault in an accident and how much compensation each party may be entitled to. When a court determines liability, it can assign a percentage of fault to both parties.

Under this rule, if the percentage of fault assigned to the plaintiff meets or exceeds 51 percent, they won’t be entitled to any compensation. The plaintiff’s settlement may also decrease by the percentage they are at fault for the accident. For example, if a plaintiff is 40 percent responsible for a car accident, their damages award will be reduced by 40 percent.

Types of Compensation Available for an Austin Car Accident Injury

The costs of medical care, lost wages, and property damage after an Austin car accident can quickly become overwhelming. Fortunately, injured victims may be able to recover compensation from the at-fault party. Calculating these damages accurately is a key component of your case, and an experienced attorney can help ensure all losses are thoroughly evaluated. The types of compensation available in an Austin car accident injury case can include:

  • Medical expenses: If you have suffered physical injuries due to the negligence of another driver, you may be eligible for compensation for past, current, and future medical expenses related to the accident. This may include doctor visits, hospital stays, physical therapy, medications, and any other necessary treatments.
  • Lost wages: You may be able to recover lost wages if you had to take time off of work due to the accident or if your injuries left you unable to perform your job duties. You can also pursue recovery for loss of future earnings if you cannot return to the same job or salary level.
  • Pain and suffering: Pain and suffering damages compensate victims for their physical and emotional distress from the accident. It helps compensate victims for losses that are not easily quantifiable, such as pain and suffering or mental anguish.
  • Loss of Consortium: If your injury has impacted your relationship with your spouse or significant other, you may also be able to recover compensation for your losses.

Role of Evidence in Car Accident Claims

Evidence plays a key role in car accident claims, directly impacting the outcome and the compensation you receive. Here are key types of evidence and how they contribute to your case:

  1. Accident Scene Evidence: Photos and videos of the accident scene, vehicle damage, road conditions, and any visible injuries provide a visual record. This evidence establishes the circumstances of the accident and can corroborate your account of the events.
  2. Police Reports: A police report offers an official account of the accident, including statements from involved parties and witnesses, as well as the officer’s observations. This document is often a critical piece of evidence in determining fault.
  3. Medical Records: Detailed medical records document your injuries, treatments, and prognosis. These records demonstrate the extent of your injuries and the associated costs, which are essential for calculating compensation.
  4. Witness Statements: Statements from witnesses provide an unbiased perspective on the accident. Witnesses offer valuable insights that support your version of events and help establish fault.
  5. Expert Testimony: Expert witnesses, such as accident reconstruction specialists and medical professionals, provide detailed analyses and professional opinions. Their testimony clarifies complex aspects of the case and strengthens your claim.
  6. Surveillance Footage: Video footage from nearby security cameras or traffic cameras can capture the accident as it happened. This evidence can be pivotal in clearly showing the events leading up to and during the crash.
  7. Communication Records: Records of communication with insurance companies, employers, and medical providers help track your claim’s progress and support your case. These records include emails, letters, and phone call logs.

Collecting and preserving this evidence is key to building a strong car accident claim. An experienced attorney will know how to gather, organize, and present this evidence effectively, maximizing your chances of a favorable outcome.

Importance of Medical Documentation in Car Accident Claims

  • Comprehensive Record of Injuries: Medical documentation provides a detailed record of all injuries sustained in the accident. This record is essential for proving the extent and severity of your injuries.
  • Evidence of Treatment and Recovery: Medical records show the treatments received and the recovery process. This information supports your claim by demonstrating the medical care necessary due to the accident.
  • Proof of Expenses: Medical bills and records detail the costs associated with your injuries. These documents are key in calculating the compensation you deserve for medical expenses.
  • Establishing a Link to the Accident: Medical documentation connects your injuries directly to the accident. This link is vital for proving that the accident caused your injuries and justifying your claim.
  • Expert Testimony Support: Doctors and medical professionals can use your medical records to provide expert testimony. Their insights and professional opinions can strengthen your case and validate your claims.

Maintaining accurate and thorough medical documentation is critical for a successful car accident claim. An experienced attorney will ensure that all relevant medical records are collected and presented effectively to support your case.

The Impact of Social Media on Your Car Accident Case

Evidence for Your Case

Social media posts can serve as evidence. Photos, videos, or statements about the accident can support your personal injury claim or contradict the opposing party’s account. An attorney will review social media activity to identify useful evidence.

Potential Harm to Your Claim

Posting about your accident or injuries on social media can harm your case. Insurance companies and opposing attorneys may use your posts to argue that your injuries are not as severe as claimed. An attorney will advise you to limit or avoid social media activity during your case.

Privacy Concerns

Even seemingly private posts can be accessed and used against you. Opposing parties often request access to social media accounts during discovery. An attorney will counsel you on maintaining privacy settings and being cautious about online activity.

Consistency and Credibility

Inconsistent statements or activities on social media can damage your credibility. An attorney ensures that your social media presence aligns with your claims and advises on avoiding posts that may contradict your statements.

Surveillance by Insurance Companies

Insurance companies often monitor social media for evidence to dispute claims. An attorney will warn you about this surveillance and guide you on how to protect your case from these tactics.

Legal Guidance

An experienced attorney will provide specific advice on social media use, helping you navigate the potential pitfalls and leverage any beneficial evidence. They ensure that your online activity does not undermine your car accident case.

About the Loewy Law Firm

Since founding his law firm in May 2005, Attorney Adam Loewy has recovered millions of dollars for his clients. In 2020, Loewy secured $3.8 million in a drunk driving crash, $3 million in a truck crash, and $165,000 in a car crash. These are just a few of the numerous sizable victories Loewy has won over the last 15 years.

At Loewy Law Firm, we expect our clients to be fully compensated. We negotiate aggressively and strategically with the insurance companies involved until they offer a fair settlement. If they fail to offer the settlement you deserve, we won’t be afraid to file a lawsuit and take the case to court. We will also go to bat for you if it is necessary to sue the government in the case of being involved in an accident with an emergency vehicle.

Loewy is committed to providing clients with unparalleled customer service. He takes pride in being actively involved in every car accident case he handles and is always reachable by phone call or text. Loewy has been recognized as a Texas Super Lawyer in every year of his eligibility.

Loewy Law Firm has been dedicated to giving back to Austin. We invest in our community and are always looking for new ways to help. In 2020, the Austin Bar Association awarded Loewy the prestigious David H. Walter Community Excellence Award.

Speak With a Car Accident Lawyer in Austin

At Loewy Law Firm, our Austin car accident attorneys have extensive experience helping clients injured by another person’s negligence. Our Austin car accident lawyers understand the complexities of the legal system and are well-versed in Texas laws related to car accident injury claims and car accident cases. Contact us today for a free consultation to learn more about how a personal injury lawyer from Loewy Law Firm can help you.

Frequently Asked Questions (FAQs)

What is the difference between settling a case and going to trial?

Settling a case involves reaching an agreement with the at-fault party or their insurance company without going to court, which often results in quicker resolution and guaranteed compensation. Going to trial, on the other hand, involves presenting your case in front of a judge or jury, which can lead to a higher compensation if you win but also carries the risk of receiving nothing if you lose. An attorney will help you evaluate both options, considering factors like time, costs, potential compensation, and the strength of your case.

How can an attorney help if the at-fault driver is uninsured?

An attorney will assist in filing a car accident claim under your uninsured motorist (UM) coverage for medical bills, lost wages, and other damages. They will assist with collision coverage claims for vehicle repair or replacement costs and coordinate health insurance claims to cover immediate medical expenses. If necessary, the attorney can pursue legal action against the uninsured driver to seek compensation and investigate any state compensation programs for partial reimbursement of losses. An attorney ensures you explore all possible avenues for compensation.

How do I prepare for my initial consultation?

To prepare for your initial consultation with an attorney, gather all relevant documents, such as police reports, medical records, insurance information, and any correspondence related to the accident. Make a list of witnesses and their contact information, and bring any photos or videos of the accident scene and damages. Write down a detailed account of the accident, including the timeline and any conversations with the other driver or witnesses. Prepare a list of questions to ask the attorney about their experience, approach, and fees. Being organized and providing comprehensive information will help the attorney evaluate your case effectively.

Are there any upfront fees?

Most personal injury attorneys, including car accident lawyers, work on a contingency fee basis, which means there are no upfront fees. Instead, the attorney’s fee is a percentage of the settlement or court award. If you do not win your case, you do not owe any legal fees. During your initial consultation, the attorney will explain their fee structure and any additional costs that might arise during the case. This arrangement ensures that you can pursue your claim without worrying about initial legal expenses.