Texas Car Accident Lawyers

Common Causes of Car Accidents

Car accidents occur for myriad reasons, many of which arise because of negligent drivers. At The Law Giant, Personal Injury & Accident Lawyers, we have fought for our clients to receive compensation after being injured in motor vehicle accidents caused in full or part by:

• Distracted Driving
• Drowsy Driving
• Speeding
• Reckless or Aggressive Driving
• Tailgating
• Driving Under the Influence (DUI)
• Failing to Yield to the Right of Way
• Running Stop Signs and Stop Lights
• Wrong-Way Driving
• Poor Weather Conditions
• Potholes and Poor Road Conditions
• Tire Blowouts

We understand that you may not know what happened to cause the crash. Our car crash lawyers have worked on many cases in which the underlying cause of the collision was not readily apparent. We undertake an in-depth investigation to determine what happened and why. We will review photos and videos of the crash, gather witness statements, and when necessary, hire experts to reconstruct what happened. This investigation enables us to gather evidence of another party’s fault, which we will utilize to pursue your financial recovery.

What to Do After a Texas Car Accident

Our auto collision lawyers at The Law Giant, Personal Injury & Accident Lawyers have handled thousands of car accident claims. We understand the steps you can take immediately following a crash that may help you successfully pursue compensation. We also know the common mistakes you might make, which could make obtaining compensation harder.

To improve your opportunity to obtain a financial recovery after a crash, we recommend:

• You seek medical treatment right away.
• Calling 911 to ensure the police come to the accident.
• Documenting the accident by taking pictures or video with your phone.
• Obtain witnesses’ names and contact information.
• Obtain the other driver’s name, contact information, and insurance information.
• Notify your auto insurer of the accident.
• Do not speak to the other driver’s insurance company before hiring an attorney.
• Hire an auto accident attorney as soon as possible.

We also understand that sometimes it can be impossible to go through these steps after a crash. If you were severely injured and immediately transported to the hospital, you won’t have the opportunity to obtain the other driver’s or witness’s information or to document the scene. This does not mean your claim is doomed. It simply makes it even more important for you to hire an experienced automobile accident lawyer to investigate the incident.

Evidence & Liability in Car Accident Cases

During our independent investigation of what led to your injuries, we will focus on gathering evidence, including:

• The police report
• Your statement
• Eyewitness statements
• Video of the crash from nearby surveillance cameras or dash cams
• Photos and videos of the crash aftermath
• Documentation related to the driver, vehicle, or incident
• Physical objects
• Expert witness testimony
• Your medical records

We can gather a great deal of information in the days or weeks following your accident. However, there are limitations to what we can do without filing a personal injury lawsuit. Once we file and officially begin a lawsuit related to your car wreck injuries, then we can fully utilize the discovery process. This allows us to ask the other party to provide certain information and documentation through requests for documents and to answer certain questions through interrogatories. In some cases, this provides a great deal of evidence that we can use to prove the other party’s fault and liability.

We mention both fault and liability because these elements of your case may not rest on the same party’s shoulders. Our car crash attorneys have handled many claims during which the at-fault party is not the same as the liable party. Someone who is at fault for the crash is the person who caused it. The liable party is the one who is legally responsible for compensating you for your injuries. The most common reason for the difference is when the at-fault driver was an on-duty employee. In this situation, the driver’s employer is often liable for your injuries.

Damages in Car Accident Settlements

If you suffered an auto accident injury, then you should speak with an attorney about seeking a car accident settlement. Though it may benefit your claim to file a Texas car accident lawsuit, most car accident cases are resolved through an insurance settlement, not at trial. Texas drivers are legally required to carry insurance that covers bodily injuries and property damage. If the insurance system works as it should, then you should receive an insurance payout from the liable party’s insurer that covers your economic and non-economic injuries.

At The Law Giant, Personal Injury & Accident Lawyers, our car wreck attorneys are highly experienced in negotiating insurance settlements. We carefully review your circumstances to determine an appropriate value for your damages, including your:

• Medical Expenses
• Lost Earning Capacity
• Physical Pain
• Mental Anguish
• Physical Limitations
• Disfigurement
• Property Damage

Once we know what your claim is potentially worth, we will have a candid discussion with you regarding how negotiations may go with the insurer. We always make a good faith attempt to negotiate for the maximum amount of compensation possible for our clients. In some cases, we have won million and multi-million-dollar settlements, though we never guarantee such a significant outcome in a case. If the insurer refuses to fairly negotiate or wrongly denies your claim, then we can push forward in your case and prepare for trial.

The Texas Modified Comparative Negligence Rule

When you are hurt in a car accident, it is not uncommon for the other drive to claim you were also at fault. Many car crash claims become tit-for-tat arguments. When you face defensive allegations of negligence in a crash that was another driver’s fault, call us immediately. You need to address this issue as quickly and thoroughly as possible to minimize the impact it has on your potential compensation. Under Texas’ modified comparative negligence rule, you may still receive compensation after a car accident if you were less than 50 percent at fault. However, your financial recovery will be reduced by your percentage of fault. If you a judge or jury finds you were 51 percent or more at fault for the accident, then you cannot receive compensation. It’s essential that you work with a car accident lawyer to help you determine who was negligent in your car accident and fight false allegations of negligence on your part.

Fatal Car Accidents in Texas

Our car accident lawyers are highly experienced in representing surviving family members after fatal car accidents. We understand how challenging this time is for families. You and your relatives never expected to live without your loved one so soon, and now you have to live without that relationship, their income and employment benefits, and their love and support. You and your family may also be saddled with medical, funeral, and burial expenses for which you were not prepared. We are here to help you hold the at-fault driver responsible and pursue the compensation you need to cover your emotional injuries and economic losses.

When to Hire an Attorney for a Car Accident

If you were not hurt in a Texas car accident and only suffered property damage, then you likely can handle the insurance claim on your own. However, you should contact an automobile accident attorney if you suffered injuries in a car accident, or your loved one was killed in a crash. When you are injured, or your spouse, parent, or child was killed, and you believe another driver was responsible, then an attorney can help you pursue an injury claim after the car accident. This can be tough to do on your own. You may not know who to talk to, what to say, and how much to fight for. We do. We know what needs to happen to improve your chance of obtaining compensation.

Texas Statute of Limitations for Car Accidents

Every state has time limitations on filing various types of lawsuits. If you were injured in a car accident due to someone else’s negligence, then you have a personal injury claim. In Texas, you have only two years to file a personal injury lawsuit. For car crashes, the clock typically starts running the day of the accident. This is why it is important to talk with an attorney as soon as possible. Two years may seem like a long time, but it can take months to investigate the crash and learn the full extent of your injuries. Insurers can also use stalling tactics to try and run out your time.

If you lost a loved one in a crash, you also only have two years to file a wrongful death claim. Given how difficult it may be to live without your parent or spouse’s income, it is essential that you speak with a lawyer and pursue compensation as soon as you can.