Austin Car Accident Lawyer

Texas No-Fault Car Accidents

When it comes to car accidents, states are deemed to be either a “fault” or “no-fault” state. This largely determines how victims of car accidents are paid insurance, with no-fault states forcing insurance companies to provide coverage no matter who is at fault for an accident and fault states putting the burden on the driver or party who was at fault for the accident. Texas is considered a “fault” insurance state, meaning that victims of car accidents caused by other people do not need to seek coverage from their insurance company or pay for the damages themselves.

Unfortunately, we at the Law Offices of Vic Feazell, P.C. know that many victims of car accidents in Austin do not receive the compensation they deserve after they are harmed in an accident due to the actions of another party. However, in such a situation, a person has many legal options available to help them pursue the financial coverage and assistance they need. We encourage you to contact our firm as soon as possible to discuss your unique circumstances with an Austin car accident lawyer.

Call (254) 938-6885 to schedule a free initial consultation with an Austin car no-fault attorney.

A CLOSER LOOK AT Texas STATE CAR INSURANCE LAWS

As a Texas driver, you are required to obtain minimum insurance coverage, including:

• $25,000 in bodily damage
• $25,000 in vehicle damage

If an accident occurs and another driver does not have this coverage, he or she may have to pay out-of-pocket expenses for the damage caused to you or to your vehicle because Texas is a “fault” state. Basically, what this means for you is that, in almost every case of a car accident, someone will be found to have been at fault. This means that the other party or their insurance provider must provide compensation for the injuries and damages.

TEXAS CAR ACCIDENT LAWS

In Texas, you are required to report an accident to the police if it results in injury, death, or property damage exceeding $1,000. Law enforcement will prepare a report, which can be crucial for insurance claims and legal actions.

To succeed in a car accident claim in Texas, you generally need to prove specific elements. These elements may vary depending on the circumstances of the accident and the nature of your claim.

Here are the key elements you typically must prove in a car accident claim in Texas:

1. Duty of Care: You must establish that the at-fault party owed you a duty of care. In a car accident case, this duty is usually straightforward, as all drivers owe a duty of care to operate their vehicles safely and follow traffic laws.
2. Breach of Duty: You need to demonstrate that the at-fault party breached their duty of care. This could involve showing that the driver acted negligently or recklessly, such as by speeding, running a red light, or driving while distracted.
3. Causation: You must establish a causal link between the breach of duty and the accident. In other words, you need to prove that the at-fault party's actions or negligence directly caused the accident and your injuries.
4. Damages: You must show that you suffered actual damages as a result of the accident. These damages can include medical expenses, property damage, lost income, pain and suffering, and other losses related to the accident.

Generally, the statute of limitations is two years from the date of the accident. Failure to file within this period can result in your claim being time-barred.

CAN I GET COMPENSATION IF AN ACCIDENT WAS PARTIALLY MY FAULT?

Personal injury cases are complex, which can make it difficult to determine who was at fault for an accident. Liability is an important aspect of calculating compensation, and insurance companies will do everything they can to ensure that liability is assigned correctly, especially if it seems that the plaintiff may be liable for their own injury. If the injured party is responsible for their own injury, then the insurance company may limit the amount they have to pay out. If you have been injured in an accident, an experienced personal injury attorney can help you prove that you were not at fault for your injury.

Negligence must be proven, and it is based on a number of factors. It must be proven that the dangerous situation that caused injury was on the property of the defendant, that the plaintiff knew that the hazard was a risk to those on the property but didn’t take steps to fix the problem, and that the plaintiff was not negligent themselves. In some states, the plaintiff cannot recover compensation if they are even a bit at fault, but in Texas, you are able to recover some compensation for your injury, even if you are partially responsible.

FAULT PERCENTAGE & COMPENSATION

In Texas, modified comparative negligence, or proportionate responsibility, is used to determine fault in a personal injury case. This clause allows victims of an accident to still seek compensation for their injuries, even if they are partially at fault for the accident. Plaintiffs may be no more than 50% at fault for the accident if they wish to seek compensation. The plaintiff can receive compensation, but the total amount will be reduced by the same percentage of fault they are found to have. For example, a plaintiff who is found to be 30% at fault for their injury can only receive 70% of their total claim value.

If a plaintiff is found to be more than 50% at fault for their own injury, they are ineligible to claim compensation. For this reason, it is critical to contact a qualified personal injury lawyer, who can help you protect your case. It can be challenging to prove negligence, but your attorney can help you collect and present evidence to defend your claim.

COMMON TYPES OF CAR ACCIDENTS

A car accident, also known as a traffic accident or motor vehicle accident, is an unexpected event involving the collision of one or more vehicles, resulting in damage to the vehicles, injuries to the people involved, or even fatalities. These accidents can occur for various reasons and in different circumstances.

Here are some common types of car accidents:

• Rear-End Collision: This occurs when one vehicle strikes the vehicle in front of it. Typically, this happens when the following driver fails to stop in time due to distractions, speeding, or following too closely.
• Head-On Collision: In a head-on collision, two vehicles moving in opposite directions collide with their front ends. These accidents often result in serious injuries or fatalities due to the force of impact.
• T-Bone (Side-Impact) Collision: Also known as a broadside or intersection collision, this happens when the front of one vehicle strikes the side of another, often at intersections when one driver fails to yield the right of way.
• Single-Vehicle Accident: These accidents involve only one vehicle. They can result from various causes, including running off the road, hitting an obstacle, or rolling over due to factors like poor weather, road conditions, or driver error.
• Multi-Vehicle Pileup: This type of accident typically occurs on highways and involves several vehicles colliding into each other in a chain reaction. Fog, heavy rain, or other low-visibility conditions often contribute to pileup accidents.
• Sideswipe Accident: In a sideswipe accident, two vehicles traveling parallel to each other make contact, typically due to one vehicle merging or changing lanes without checking their blind spot.
• Hit and Run: In a hit-and-run accident, one party leaves the scene after a collision without exchanging information or reporting the accident to the authorities. This is illegal and can lead to serious consequences.
• Pedestrian or Bicycle Accident: These accidents involve a motor vehicle colliding with a pedestrian or a bicyclist. They often result in severe injuries or fatalities due to the vulnerability of the non-motorized individuals.
• Rollover Accident: Rollover accidents occur when a vehicle flips onto its roof or side. They are often associated with SUVs and tall vehicles and can result from various factors, including high-speed turns and vehicle design.
• Rear-End Chain Reaction: These accidents happen when one vehicle rear-ends another, leading to a chain reaction involving multiple vehicles, especially in congested traffic or low-visibility conditions.

WHAT CAUSED YOUR ACCIDENT?

There are thousands of different ways in which a car accident may occur, from a speeding or drunk driving crash to malfunctioning brakes or missing highway signs. In an effort to help our clients as best as possible, the Law Offices of Vic Feazell, P.C., is prepared to handle a variety of car accident claims, including the following:

• Driver error
• Reckless driving
• Speeding
• No-fault accidents
• Drunk driving
• Whiplash
• Car defect / Malfunction
• Highway defects

Parties who act recklessly or negligently and causing you harm in a driving accident, should be held accountable for their wrongdoings and actions. Driven by a passion for justice, our team of car accident attorneys in Austin, TX is dedicated to making sure that injured people receive the money they are owed for the life disruption they have suffered.

OTHER MOTOR VEHICLE ACCIDENT CASES WE HANDLE

At the Law Offices of Vic Feazell, P.C., we know that a motor vehicle accident can happen in a number of ways, and that sadly, cars are not the only vehicles that can cause individuals to suffer devastating injuries and other losses. As such, we have dedicated our law firm to aggressively representing the interests of those harmed in any driving accident, including those who have suffered in:

• Railroad / Train accidents
• ​​​​Boating accidents
• Airplane accidents

SHOULD I GET AN ATTORNEY AFTER A CAR ACCIDENT?

If you have been injured in a car accident in Austin, TX, you may be suffering from significant physical injuries, devastating psychological issues, and hefty financial burdens. Your first instinct will be to let the insurance company handle your claim. Unfortunately, many insurance companies would rather save money than ensure all your emotional, physical, and financial needs are covered.

Hiring an attorney means you have a knowledgeable and experienced advocate to fight on your behalf. Now you can focus on putting your life back together and recovering for your injuries, while your attorney holds those responsible for causing the car accident liable for your losses. Statistically, hiring an attorney increases the the value of your claim by 3.5 times, on average. The attorneys at Law Offices of Vic Feazell, P.C. can help – contact us today to request a free consultation.

SPEAK WITH OUR KNOWLEDGEABLE LEGAL TEAM AFTER AN Auto ACCIDENT

If you or someone you know has been hit by another vehicle in Texas due to their negligence or actions, you should be provided the appropriate compensation, something which the Austin car accident lawyers at the Law Offices of Vic Feazell, P.C. can help you pursue. Whether you are seeking restitution for a personal injury or the wrongful death of a loved one, we are here to help.

Call (512) 271-5278 to discuss what legal options you have available to you and to find out how we can help you after you’ve been involved in a car accident in Austin, TX.

Recommended Reading:

• Can I Get Compensation if an Accident Was Partially My Fault?
• How Texas's Comparative Negligence Statute May Affect Your Case
• Avoiding These 5 Common Mistakes Could Strengthen Your Auto Accident Claim
• The Elements of a Car Accident Negligence Claim: Every driver has a responsibility to drive safe while on the road, this means that a driver should follow all road laws and not engage in any negligent behavior. Unfortunately, negligent driving is common and can often lead to accidents. There are three main elements of a car accident claim filed against a negligent driver; duty of care, breach of that care, and causation. To learn more read our blog on the topic!