Law Offices Of Vic Feazell, P.C. Law Offices Of Vic Feazell, P.C.
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Waco Car Accident Attorneys

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Car accidents are one of the most common causes of serious injury and wrongful death in the United States, annually resulting in significant pain and suffering for millions of Americans. The consequences of a car accident can vary significantly for victims. In some cases, victims may only suffer minor physical damage, while in others, injury victims may have to cope with brain injury, paralysis, or any number of other types of life-altering physical trauma, in addition to the emotional and financial troubles that typically accompany a car accident.

At the Law Offices of Vic Feazell, P.C., we believe that no one should have to pay for the consequences of a car wreck that was not their fault. Fortunately, personal injury law in the United States allows car accident victims to pursue compensation for their injuries and undue suffering in these circumstances. With the help of a car accident lawyer in Waco, TX, many victims are able to better financially support themselves after an accident and get the justice they need.

Free initial consultations are available. Call us at (254) 938-6885or contact us online.

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TYPES OF CAR ACCIDENT CASES WE HANDLE

Both the causes of car accidents and the repercussions of them can vary considerably.

However, some of the most common causes of car accidents include:

After struggling through an accident or loss due to these types of car wreck or related issues, a victim may feel like they have no hope for getting the compensation they should be owed; however, with the help of a skilled attorney, this does not have to be the case.

WHAT YOU NEED TO KNOW ABOUT NO-FAULT ACCIDENTS

To deal with the ambiguity of determining fault after a car accident, states are classified as either “fault” or “no-fault” states. In no-fault states, it doesn’t matter who caused the accident – both parties are responsible for filing a claim with their own insurance provider to receive compensation. Texas, however, is classified as a “fault” insurance state, meaning that liability for insurance compensation will lie with the party who caused the accident. In other words, if you have been the victim of a car accident in Texas and you were not at fault, you should not be responsible for any medical or vehicle repair expenses.

It can often be difficult to determine the party at fault in an accident. On occasion, two or more parties may bear some responsibility for the accident and may be liable for certain portions of the expenses. This is called comparative negligence.

UNDERSTANDING COMPARATIVE NEGLIGENCE LAWS IN TEXAS

Injured victims have the right to recover financial compensation for injuries caused by the negligence or wrongdoings of others. But what happens if a victim was in some way partially responsible for a crash? Thankfully, Texas law does allow for victims to still recover compensation if they are partially at fault for an accident, under certain circumstances.

What Does Texas use to Calculate Percentage of Responsibility

Texas uses a system called modified comparative negligence to calculate the percentage of responsibility and financial liability of each party involved in an accident. This formula of proportionate responsibility compares the fault of each driver or party involved.

Compensation will then be reduced by the percentage of a victim’s negligence – provided that they are less than 51% at fault. This means that if a victim is found to be 51% or more at fault for causing a wreck, they are barred from recovering compensation.

Here is an example of how Texas’ modified comparative negligence formula would work in a car accident:

  • Driver A and Driver B are involved in a car wreck.
  • Driver A is injured and files a personal injury lawsuit against Driver B.
  • Driver A is awarded $100,000 and was found to be 20% responsible for the accident. Driver B is 80% responsible.
  • Driver A can only recover $80,000 because modified comparative negligence prevents victims from recovering from the more at-fault party for their own actions.

If you or someone you love has been involved in a car wreck, be aware that your percentage of fault can impact your ability to recover the compensation you deserve. By working with proven attorneys, you can level the playing field with insurance companies that want to pay as little as possible, and position yourself for the best chance of recovering what you need.

NEGOTIATION VS. LITIGATION: RESOLVING YOUR CAR ACCIDENT CLAIM

When you file a car accident claim seeking damages, your claim will either be resolved through negotiation or, if that is not possible or appropriate, litigation.

What is the difference between negotiation and litigation?

  • Negotiation: Negotiation is the act of working with the insurance company to reach a fair settlement on your behalf. The vast majority of car accident claims are settled in negotiation, meaning there is no trial.
  • Litigation: When the insurance company is not willing to accept responsibility or offers an unreasonably low settlement to the victim, litigation may become necessary. This is the process of preparing and taking a case to court in order to obtain a verdict from a judge or jury.

At the Law Offices of Vic Feazell, P.C., we understand that you want to have your case resolved as quickly as possible. While we always strive for swift and favorable settlements for our clients, this is not always possible. Insurance companies will often devalue or even deny rightful claims.

When this is the case, we are fully prepared to represent you and your best interests at trial. However, while we may offer our honest and professional advice regarding your case, the choice to go to trial is always yours.

What to Do After a Car Accident

What you did immediately after your car accident will make a big difference in how your claim later develops. With some luck – or perhaps due to your own pre-planning – you took the right steps and got the right information.

Your claim or lawsuit will be stronger if you were able to:

  • Call for emergency help: Emergency responders not only help save lives after a serious car accident, but they also create accident reports that can be invaluable to your claim. If EMTs, firefighters, and police officers arrived at the scene of your crash, then let our attorneys know, so we can reach out to their offices and inquire about getting copies of reports.
  • Exchange identifying information: You will always want to know as much as you can about the other drivers involved in your accident. You need insurance and identifying information. Even something as simple as a driver’s license or phone number is beneficial and helps us correctly assess who is liable for your injuries and damages.
  • Take photos and video: Documenting the scene of your crash is the best chance to get tangible evidence of what happened and why. Use your smartphone to take pictures of everything that might be relevant to your claim later. Damage, injuries, road conditions, and the weather are all highly important for your documentation. Please allow our attorneys to review any digital evidence you captured immediately after your car accident. We might also be able to get photos from other drivers during legal processes like discovery.
  • See a doctor: Going to a doctor for a checkup after an accident is the right move. You could have underlying injuries that need diagnosing and treating that only feel like an ache or soreness after a crash. If you saw a doctor or went to urgent care after your collision, then we would like to network with your medical provider to study your medical records, which lets us better calculate your current and future damages.

COMMON TYPES OF DRIVER ERROR

In many cases, errors committed by drivers are unintentional, but this doesn’t mean that they shouldn’t be taken seriously. A driver’s negligent actions have the potential to cause substantial, life-changing injuries, and in some cases even death.

Some common types of driver error include the following:

  • Failure to signal
  • Merging at an inappropriate time
  • Turning into the wrong lane
  • Running through red lights
  • Swerving to avoid obstructions in the road
  • Failure to check blind spots

COMMON EXAMPLES OF RECKLESS DRIVING

Reckless driving comes in many forms, but usually involves a driver’s unnecessary endangerment of others on the road to pursue his or her own interests.

Common examples of this include, but are not limited to, the following:

  • Texting or talking on the phone while driving
  • Swerving between lanes
  • Ignoring posted speed limits
  • Speeding up to make it through red lights
  • Tailgating

HOW AN ATTORNEY CAN HELP YOU AFTER AN ACCIDENT

If you were involved in a car accident in Waco or the surrounding areas, you may be wondering whether you even need an attorney. In fact, in some cases, it may be possible to resolve your claim on your own.

If your case is very straightforward with no complications, you may choose to work with the insurance companies yourself. However, if there are any complexities at all, or if there is any chance that liability could be disputed, we strongly encourage you to work with an experienced car accident lawyer.

When determining if you need an attorney for your claim, consider the following:

  • Were you seriously injured in the accident?
  • Did someone die due to the collision?
  • Were you potentially partially at fault?
  • Was the other motorist under- or uninsured?
  • Did your vehicle suffer significant damage?
  • Was your vehicle totaled?
  • Did you have to take time off work to recover?
  • Has the insurance company already tried to get you to accept a settlement?
  • Was your claim denied?

An attorney from our firm can help you navigate your car accident claim if you are experiencing any difficulties with your claim. We encourage you to contact us right away to learn more.

FAQs

How long do I have to file a car accident claim in Texas?

As with all personal injury claims in Texas, there is a time limit for filing your car accident claim. This is known as the statute of limitations and, in Texas, it is typically two years from the date of the accident. If your loved one died in a car crash, you have two years from the date of death to file a wrongful death claim. Additionally, there is a two-year statute of limitations on property damage claims resulting from motor vehicle accidents in Texas.

Is it expensive to hire a car accident attorney?

Hiring a car accident attorney should be on the top of your to-do list after being in a crash. But you might understandably hesitate if you’ve been told that hiring a lawyer is expensive. However, the truth is that hiring a car accident is virtually risk-free for your finances thanks to contingency fee agreements. Under a contingency fee agreement, you don’t have to pay any attorney fees unless your attorney ends your case with a successful settlement or award.

What type of compensation can you get in your car accident claim?

Car accident claimants can seek a variety of compensation, which can each be sorted into three categories. The first category is economic damage, which is related to tangible costs like medical bills and lost wages. The second is non-economic damage, which is related to abstract costs like pain and suffering. The third is punitive damage, which is ordered by a court to further penalize a defendant for wrongdoing. Punitive damage is somewhat rare, though, so it might not be attainable in your case.

How are damages related to pain and suffering calculated?

Given that pain and suffering damage takes an abstract concept and turns it into a concrete monetary value, it might not be a surprise to learn that calculating these damages can be a little tricky. In some cases, a car accident attorney will total the economic damages and multiply it by any number that seems fair to get the non-economic damage total. In other cases, the non-economic damage total is based on multiplying a flat dollar amount by the number of days that the claimant is expected to experience pain and suffering because of the accident.

Can you file a claim if the other driver was uninsured?

Yes, you can file a car accident claim if the other driver was uninsured, but it will depend on your uninsured/underinsured motorist (UM/UIM) insurance policy. You can opt to buy UM/UIM insurance from your auto insurance provider. This insurance will provide coverage up to the policy cap if you’re hit by an uninsured driver or the other driver’s insurance is not enough to cover the full extent of your damages. In a UM/UIM claim, you will be in the unusual position of filing a claim against your auto insurance provider, not that of the other driver, so you could be fighting your own insurer.

Do you need to report the accident to your insurance company right away?

Texas law usually requires you to report a car accident to your insurance provider within 10 days. If the police responded to the crash, then they should create a police report and a clerk will use it to notify the related insurance parties. However, you should not assume that this will happen. It is better to report it on your own – but only after you have spoken to a car accident attorney.

Can you sue if you get into a work-related car accident?

Car accident claims can get more complicated if you were driving a work vehicle or got into a crash while completing a job-related duty. You might be able to file a workers’ compensation claim through your employer for certain benefits while also filing a claim against the other driver who hit you. The key is that you won’t be able to recover damages from the other driver that have already been provided through your workers’ compensation policy.

Does it take a while to settle a car accident claim?

To settle a car accident claim, careful work needs to go into the case and negotiations with the responding insurance company. With a talented car accident lawyer handling your case, you could see a settlement within just a few months, assuming that the other driver does not try to complicate liability. If your case is complicated, the damages are high, or liability is contested, then reaching a settlement can take much longer. Some cases will settle after a year or more, for example.

INJURED? REQUEST YOUR FREE CASE EVALUATION.

As the victim of a car accident caused by someone else’s negligence, our Waco car accident lawyers at the Law Offices of Vic Feazell, P.C., believe you may be owed compensation for your losses. Discuss your particular circumstances with us and find out how we can help fight for your interests by calling (254) 938-6885.

Give us a call todayto speak with our dedicated legal team.

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