Austin Motor Vehicle Accident Lawyer

According to the Texas Department of Transportation, there were over 11,000 traffic accidents in the city in the most recent year with available data, resulting in almost 100 deaths, more than 300 serious injuries, and over 7,600 other suspected injuries. Survivors can be left in pain, dealing with expensive medical bills, and worried about how they can make ends meet while they’re unable to work. If you were injured in a motor vehicle accident in Austin, Travis County or anywhere in Texas, Loewy Law Firm can help.

For more than 20 years, our Austin-area law firm has been getting injured Texans the money they need after motor vehicle accidents that weren’t their fault. Contact us today at (512) 280-0800 to speak with a compassionate and experienced attorney about your case. Initial consultations are free, and we won’t charge you a fee for our services unless we secure compensation on your behalf.

Types of Motor Vehicle Accident Cases We Handle

Loewy Law Firm handles a wide variety of motor vehicle accident claims in Austin and throughout Central Texas. Contact us if you’ve been seriously injured in any of the following:

• Car Accidents – Car accidents are one of the leading causes of preventable injuries in Texas, costing Texans about $17 billion annually. We’ve successfully handled many challenging car accident claims and know what it takes to get top dollar for our clients.
• Motorcycle Accidents – Motorcyclists are exposed to the full force of a collision, which makes them five times more likely than passenger vehicle occupants to suffer injuries in a crash. At the same time, their claims can be harder to win, as defense teams rely on stereotypes of bikers as reckless people to push blame onto them. We know how to fight back and secure maximum compensation for our motorcycle accident clients.
• Truck Accidents – Commercial motor vehicles are far bigger than passenger vehicles, which is why truck crashes kill more than four times as many passenger vehicle occupants as truck occupants. Complicating things further, many different parties could be to blame, from the truck driver to the motor carrier to the shipping broker and beyond. Loewy Law Firm knows how to investigate truck collisions, identify all liable entities, and hold them financially accountable for their mistakes.
• Bus Accidents – Bus accidents have the same challenges as truck accidents, with the added complication of municipal involvement in the case of a CapMetro collision. We can work through the added government-entity requirements and prepare an effective case within the tight notice deadlines that apply to CapMetro and other public agencies.
• Bicycle Accidents – Bicyclists are given the same rights and obligations under the law as motorists, but are not always treated like it. Drivers frequently cut in front of them, fail to yield to them when they should, and crowd them when passing. Loewy Law Firm can uncover evidence of driver negligence to hold them accountable for their unsafe behavior.
• Pedestrian Accidents – A pedestrian struck by a car absorbs the entire impact with no frame, seatbelt, or airbag between them and the vehicle, so the injuries in our pedestrian cases tend to be fractures, head trauma, and spinal damage that call for months of treatment and larger compensation. Drivers and their insurance companies commonly respond by blaming the pedestrian, claiming the victim crossed outside a crosswalk or wore dark clothing. Loewy Law Firm gathers the crash reconstruction, camera footage, and witness statements that answer those arguments and refuses to accept a lowball offer for a client with life-altering injuries.

The list above is not the limit of what Loewy Law Firm takes on. If a vehicle of any kind caused your injuries, whether a rideshare car, company car, delivery vehicle, ATV, electric scooter, boat, or any other motorized vehicle, call us to go over the details of your case.

Causes of Motor Vehicle Accidents and Case Strategy

Whether you saw exactly what the other driver did or only felt the impact, the cause of the crash still has to be proven with evidence, and the likely cause points to where that evidence is found. Loewy Law Firm builds each case around the proof that fits the mistake. A few examples:

• Texting or using a GPS app: a subpoena for the driver’s phone records and app activity, checked against the time of the impact.
• Speeding on I-35 or MoPac: a preservation demand for the vehicle’s event data recorder, which stores speed and braking for the seconds before a crash, sent before the car is repaired or scrapped.
• Reckless driving like running a red light, cutting across lanes, or failing to yield at intersections along Congress or Manor: intersection cameras, dashcam footage, witness statements, and any citation in the officer’s crash report.
• Driving drunk or high: the blood test and any conviction from the criminal case, which can be used as evidence in yours.
• Falling asleep behind the wheel of a commercial truck: the electronic logging device data required by 49 CFR § 395.8, which shows whether the driver was past the 11-hour limit in 49 CFR § 395.3.
• Tailgating: photos of the damage to both vehicles and the officer’s crash report, which commonly cites the rear driver for failing to keep the assured clear distance required by Texas Transportation Code § 545.062, along with any dashcam footage from you or a nearby vehicle.
• Hit and run: paint transfer and debris from the scene, footage from nearby businesses and traffic cameras, and witness descriptions of the vehicle to identify the driver, and when the driver is never found, a claim under the uninsured motorist coverage on your own policy, which Texas Insurance Code § 1952.104 allows for an unknown driver as long as the vehicle made physical contact with you or your car.
• Driving on prescription medication: the toxicology results from the crash, the driver’s pharmacy records, and the warning label on the medication itself, which shows the driver was told not to operate a vehicle while taking it.

The cause of the crash also directs our strategy on who to pursue for payment. For example, a truck driver who fell asleep past the federal hours limit was working for a carrier that can be held responsible for putting him on the road, and Texas Alcoholic Beverage Code § 2.02 allows a case against a bar or restaurant that kept serving a driver who was obviously intoxicated. Loewy Law Firm identifies quickly whether a business stands behind the driver, because a company’s coverage is usually far larger than an individual policy.

Proving Negligence in an Austin Motor Vehicle Accident Case

Whatever vehicle hit you and whatever the driver did wrong, compensation is won by proving the same four elements of negligence, and the other driver’s insurance company will most likely dispute whichever one is hardest for you to prove.

Duty

Every driver on a Texas road owes a duty of reasonable care to everyone else on it, including pedestrians and cyclists. In a crash case the insurance company seldom disputes duty.

Breach

A breach is anything a reasonably careful driver would not have done in the same situation: texting while driving, running a red light, following too closely. The phone records, event data, and camera footage described above are the evidence that proves breach.

Causation

You have to prove that the breach caused your injuries and that injuries of that kind were a foreseeable result. Causation is the element the adjuster disputes most in cases where you had a prior back or neck condition, because the adjuster argues the crash did not cause the pain you have now. Loewy Law Firm works with your treating physicians to separate your condition before the crash from the injuries the crash caused.

Damages

Damages means the injury resulted in measurable losses, meaning medical bills, lost income, and lasting physical harm, with records to support each one. Without damages you have no case even when the other three elements are proven. The next section covers the losses you can recover.

Loewy Law Firm crafts every case around the four elements from the beginning, matching each piece of evidence we gather to the element it proves, so that when we present the case to an adjuster or a jury there is no gap for the defense to point to.

Compensation Available in Motor Vehicle Accident Claims in Austin

Texas law holds anyone who causes a motor vehicle accident financially liable for its consequences. Economic losses you can recover are the ones with a dollar figure attached, for example:

• Medical bills and hospital expenses
• Future treatment and rehabilitation costs
• Lost wages and missed income
• Reduced future earning capacity
• Vehicle repair or replacement costs

Not all of the consequences of a motor vehicle accident have an exact financial cost, however. Consequently, your compensation could also cover your personal, subjective losses, including:

• Physical pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment of life
• Permanent disability or impairment
• Disfigurement and scarring
• Loss of companionship and consortium
• Anxiety, depression, and post-traumatic stress

Loewy Law Firm can work with medical, vocational, and economic experts to understand all the ways the accident has affected your life – not just now, but in the future, as well. That way, we can pursue compensation that pays for what you’ve already endured and provides you with peace of mind for the future, too.

Why Choose Loewy Law Firm?

The days and weeks after a serious motor vehicle accident are a difficult time, but you don’t have to go through them alone. Adam Loewy of Loewy Law Firm can support you during your healing process and help you pursue the compensation you deserve from the people who hurt you. We offer our clients:

• A commitment to client service – We deliberately keep our case volume lower than many competitors so that we can invest more of our time and resources into each individual client. If you need assistance with medical treatment, we can connect you with healthcare providers and help you manage costs while your case is pending. We want you to lift as much of the stress from your shoulders as possible.
• A reputation of excellence – For more than 20 years, past clients and professional organizations alike have recognized us for the high quality of our representation. Loewy Law Firm has a 10.0/Superb rating through Avvo.com, which is the highest the service bestows.
• A history of securing life-changing results – We’ve recovered tens of millions of dollars for our clients over the last 20 years. This includes a $10 million settlement for a truck crash, a $4.8 million settlement for an Uber crash, and a $2.25 million settlement for a motorcycle crash. While these results do not guarantee a positive outcome in your case, they highlight the ways we’ve delivered on behalf of accident victims like you.
• No upfront cost – We know you’re probably worried about money right now, which is why you will pay nothing out-of-pocket to get high-quality legal help. We’ll start with a free consultation so you can get your questions answered without cost or obligation. Should you choose to hire us, you will only pay an attorney’s fee if and when we win your case.

Want to learn more about what Loewy Law Firm can do for you? Then contact us today to get started.

Frequently Asked Questions

Below, you’ll find the answers to some of the questions our clients most frequently ask us about motor vehicle accident claims in Austin.

What if I was partially to blame for the accident?

Under Texas’s modified comparative negligence rule, you could still be entitled to compensation even if you were partially at fault for an accident. However, any percentage of fault a court assigns to you will reduce your compensation accordingly. If it finds you to be more than 50% to blame, you can’t recover compensation at all. A motor vehicle accident lawyer can protect your right to recovery by securing strong evidence and persuasively arguing on your behalf. (See Tex. Civ. Prac. & Rem. Code § 33.001)

How long do I have to sue for a motor vehicle accident in Austin?

Texas’s statute of limitations on personal injury claims gives you two years from the date of the accident to file suit. There are circumstances that could further reduce how much time you have to file, so it’s a good idea to speak with a motor vehicle accident lawyer right away, since missing the deadline usually bars your case. (See Tex. Civ. Prac. & Rem. Code § 16.003.)

How much does a motor vehicle accident lawyer cost?

Most Austin motor vehicle accident lawyers operate on a contingency fee model, which means you do not pay anything upfront to hire them. Instead, their fee is a percentage of the compensation they recover on your behalf, so you don’t pay an attorney’s fee unless they win your case. That way, you do not have to pay out-of-pocket to seek the money that the law entitles you to.

Work With a Top-Rated Motor Vehicle Accident Lawyer in Austin

Don’t deal with the pain and uncertainty of a motor vehicle accident on your own, turn to Loewy Law Firm for help. While you rest and treat your injuries, we can thoroughly investigate the accident, identify all liable parties, calculate the amount they owe you, and demand they pay you accordingly – whether that’s at the negotiating table or at trial. Contact us today at (512) 280-0800 for your free consultation, and let’s discuss your next steps together.