Austin is a busy city, which means plenty of pedestrians, bikes, and other drivers out there keeping Austin weird. Unfortunately, with so many people packed into the city, the chances of an auto accident are high. Whether you were rear-ended, T-boned, or sideswiped, you’re likely in pain and struggling to pay your growing expenses.

When you’re left suffering after a car crash, it can be tough to get help. Insurance companies aren’t always trustworthy, and the other driver might claim that you were the one at fault in order to get out of paying for the damages caused. This can be overwhelming when you need that compensation to recover.

Fortunately, an Austin car accident lawyer can help. At Colley Firm, PC, we want you to get the compensation you deserve for your injuries, and we’ll fight to make sure that happens. Whether the insurers will settle or court proves necessary, our accident attorneys will help you get the full compensation you deserve.

Causes of Car Accidents in Austin

After your auto wreck, we’ll need to first investigate the cause. This will help us determine who was responsible for your injuries and needs to be named in your personal injury claim. For example, you might have been involved in a single-vehicle accident, but that doesn’t necessarily mean that you’re the one responsible for causing the wreck.

Some factors may also be useful in court if the at-fault party was grossly negligent or breaking the law. Below are a few common causes of car crashes in Austin and the rest of Texas:

• Distracted Driving – Whether they were checking their GPS or answering a text, distracted drivers are dangerous. If you’re on a highway or driving at a decent speed, a few seconds of distraction can be incredibly hazardous.
• Driving While Intoxicated – Abusing drugs or alcohol while behind the wheel is especially dangerous and leads to many fatal crashes every year. Our car accident attorneys can use their experience to make sure you get the full compensation you need after your crash.
• Reckless Driving – Speeding, not signaling for a lane change, and tailgating other drivers are all irresponsible actions that could end in tragedy. If the other driver acted in this way, your lawyer will gather this evidence to obtain your compensation.
• Auto Part and Tire Defects – In some cases, it’s not the other driver that’s responsible. Instead, an auto part failed, such as your brakes or tires. A defective auto product can be dangerous, and the negligent manufacturer might well be the defendant in your car wreck case.
• Road Hazards – The government agency in charge of the roads is tasked with keeping the roads safe for drivers. When they fail to fix known issues and those issues cause your car accident, you may be entitled to compensation from the government.

Your Auto Accident Injuries Are Serious

Following your accident, we’ll also review the severity of your injuries. Determining what your settlement from the insurance companies should be is important: Losing your compensation could be devastating when you need it to get your life back on track.

As such, be sure to keep track of any injuries you’ve suffered, especially the following:

• Traumatic brain injuries
• Whiplash
• Spinal injuries, sometimes leading to paralysis
• Organ damage
• Internal bleeding
• Broken bones and fractures

Filing a Claim for a Car Crash

After your accident, you’ll need to stay at the scene, unless you’re removed for medical treatment, and speak to the officer who arrives to complete the accident report. The police will investigate the crash and file their report, but you’ll need to file a report of your own with the insurance company.

Austin residents will need to exchange insurance information and report their accident to their insurance company to get a settlement, but for some, it may be necessary to file an injury claim and fight for compensation through the legal system. In either situation, it’s important to take care to protect your rights, so speak to an Austin car accident lawyer before you speak to your insurer.

Insurance Companies Aren’t on Your Side

Unfortunately, you’ll need to take extra care when dealing with the insurance company, and you may still have some trouble getting your settlement. It’s easy to forget that insurance companies aren’t on our sides all the time. They’re for-profit companies, so they’re likely most focused on protecting their profits and keeping their investors happy, which means they aren’t focused on appropriately paying damages to settle your claim for its full worth.

You’ll need to take care when reporting your accident and correctly building your case. Keep in mind that any statements you make can be used against you, so don’t make any comments on fault. If they find any sign that you’re at fault or not as injured as you claim, you might be denied your settlement.

Once you’ve made your claim, you may need to speak with a car accident lawyer to ensure you’re getting the full amount you deserve for your injuries. Lowballing your settlement is a common tactic, and they may try to make you think that’s the best settlement they can offer, making you feel desperate enough to accept it.

When you’re dealing with the insurance company, a lawyer can ensure that you’re being treated properly. The attorneys of Colley Firm, PC can protect your rights, calculate your claim’s worth, and fight back if the insurers deny your claim or offer a low settlement.

Determining Fault in Texas Car Accidents

When you’re seeking compensation for your car accident, determining who’s responsible for the collision will be key to handling your case. Since Texas is a “fault” state for car insurance, you’ll need to name the responsible parties to get the compensation you deserve.

This isn’t always so simple. While some car accident claims are cut and dry, not every case is so simple. Road hazards and auto part defects can just as easily cause your accident, and you’ll need to determine who’s responsible for what you went through.

It’s best to contact an accident attorney in Austin for help before declaring the other driver responsible. An attorney can find and verify precisely who the at-fault party is.

Employer Responsibility in Auto Wrecks

In some cases, the other driver may have caused the accident but wasn’t an “independent” driver. Maybe you were hit by an 18-wheeler, a delivery person, or a taxi driver. In any of these cases, if the other person was acting within the scope of his or her employment, the individual may not be the party financially liable for your accident.

Under the doctrine of “employer liability,” someone who’s acting on behalf of an employer isn’t financially responsible if someone gets injured. For example, if you were hit by falling bricks when passing a work site, the construction company itself would be liable for your damages rather than the employee who dropped the bricks.

In this case, you may need help seeking out the employer, which can sometimes be difficult. When you’re trying to file your car accident claim and recover from severe injuries, seeking out the right defendant can be overwhelming. Fortunately, a car accident attorney can help you ask the right questions and find the party responsible for your injuries.

Texas Auto Accident Laws to Watch For

When you’re unable to get the settlement you’re owed from the insurance companies, you may decide it’s time to fight for your compensation in court. An Austin car accident lawyer can help you through the process, but you’ll need to be careful when preparing your case. Saying the wrong thing or waiting too long to file could harm your case, either reducing your compensation or resulting in a full dismissal of your claim.

When you’re seeking compensation, you need to be fully aware of any laws that might affect your case. Acting quickly with the help of a lawyer from Colley Firm, PC can make a huge difference.

Keep in mind, that the following laws may not be the only ones your attorney will address, and they’re not the only Texas laws that might affect your case. The following statutes are the major laws that will affect almost all car accident victims, and these are the ones most likely to affect the compensation you’re seeking for your injuries.

Statute of Limitations

All accidents have a time limit to file, and car accident cases are no different. While these time limits do influence the gathering of evidence, they can also leave you without compensation. In Austin and the rest of Texas, you’ll have just two years to file for a personal injury lawsuit. If you miss this deadline, you may be barred from recovering anything for your case.

If you believe your accident was a matter of road hazards or if you’ll otherwise be suing the government, you’ll have even less time to act. Lawsuits against government entities must be filed within six months. Given the small window of time to file, it’s best to contact a car accident lawyer in Austin as soon as possible to get the help you need to file.

“Fault” Laws for Car Insurance

Fault will be one of the most critical things to prove to successfully receive compensation. As a “fault” state, Texas requires that drivers provide evidence that the other driver caused the accident, and the responsible driver will then be responsible for the damages caused in the crash. Drivers are expected to carry liability insurance, which covers expenses when they’re liable for an auto wreck.

The other person, however, is likely to fight back if there’s any question of who caused the accident. An accident on your record can result in higher premiums, adding to the long-term expenses of a crash, so you can expect a fight even if the fault is clear.

As such, you may need the help of an attorney to prove you were the victim in the accident—not the cause. Thankfully, a lawyer from our Austin law firm can review the evidence and fight back against these claims, making sure that you’re not blamed for the accident.

Modified Comparative Negligence Laws in Texas

Even if you succeed in combating accusations of fault, you will still need to prove that you weren’t partly responsible for the accident. Texas recognizes that few accidents are purely the fault of a single person, so the state uses “modified comparative negligence” laws to account for this.

These negligence laws reduce your compensation based on the amount of negligence you are responsible for. Additionally, if you’re over 50 percent at fault for the accident, your case will be dismissed and you’ll be barred from recovery for your crash.

For example, let’s say that you were traveling down Interstate 35 on your way home when another driver tried to enter your lane without using a turn signal, causing a crash. However, you were adjusting your GPS at the time, so you weren’t giving the road your full attention. In this case, the other driver may claim that you were 15 percent responsible for the accident.

This may not seem like much, but it can add up to a considerable sum of money. If your compensation was worth $20,000, you’ll only recover a portion of the full amount. If you don’t prove you weren’t responsible or otherwise limit your liability, your settlement would be reduced to $17,000 (15 percent), losing $3,000 that could have gone toward your medical expenses. Be sure that you have an attorney on your side to fight these accusations of fault.

Civil Compensation after a Criminal Case

If you were the victim of someone driving while intoxicated, your case may be more serious, but it will also be unique in that there may also be a criminal case. Keep in mind that the criminal trial is not the same as a civil lawsuit. While it may seem like you should receive compensation for a single legal trial, you’ll need to file a civil personal injury claim separate from the criminal proceedings.

In most cases, you’ll be unable to go to court while the defendant is dealing with the criminal trial. You’ll either be unable to file until it’s finished, or the courts will put a hold on your case until the other is finished. Fortunately, this can help our Austin car accident lawyers win your case in the end.

Criminal court requires a much higher standard of evidence than civil court. As criminal guilty verdicts often result in jail or prison time, they’ll need to prove “beyond a reasonable doubt” that the person was driving drunk at the time of the accident.

A civil suit, on the other hand, requires only a “preponderance of evidence,” and as such, a conviction in a criminal trial may make getting your compensation easier.

If you’re struggling because the driver who hit you was driving under the influence, contact an accident lawyer for help. We’ll help you prepare for your lawsuit while the criminal case is underway.

Getting the Compensation You’re Owed

Once you’ve determined who’s responsible and how you’ll need to approach your case, you’ll need to be sure that you’re getting the compensation you’re entitled to. It’s easy to end up with less compensation than you deserve, especially when dealing with more subjective damages like “noneconomic damages.”

Determining your compensation is difficult without a lawyer on your side. You’ll need someone who knows what you’ll need to calculate in economic losses, as well as someone who can put your pain and suffering into monetary terms.

Economic Damages

When you begin considering your damages, your first thought is likely the economic damages you’re owed. These tend to be a little more urgent: Your medical bills are extensive, you’re unable to work, and your vehicle may be completely totaled after your car accident. These expenses add to the stress that you’re experiencing, and that can be difficult to handle.

Fortunately, an Austin car accident attorney can make the process easier. For economic damages, calculating the costs themselves are usually simpler than they are for other damages. A lawyer can help you get an estimate for your car’s worth, and calculating your medical bills should be as simple as adding up your bills—although future care needs to be accounted for, as well.

Not all expenses are so easy to determine, however. After all, you may have future surgeries planned and ongoing therapy that could last for some time, and now you’re unable to work in the same position you did before. Your Austin lawyer can help you estimate the future costs of these losses. For example, our law firm can determine the difference between your original and future wages.

If you need help calculating what your claim is worth, contact Colley Firm, PC. We can help you calculate your compensation’s full value:

• Current and future medical expenses
• Lost wages
• Household services
• Property damage
• Lost earning capacity

Noneconomic Damages

Noneconomic damages are a little more unique, and these may be more difficult to determine. These are the intangible damages that have affected your life in a non-financial way. While your economic damages might cover the bills for your broken leg, your noneconomic damages will cover the pain and suffering you’ve experience because of your injury.

These damages don’t just cover your physical pain. In some cases, the mental and emotional trauma of an auto accident can haunt you for years after the accident, resulting in disorders like post-traumatic stress disorder (PTSD) and other mental effects of severe trauma. Car crashes are traumatizing, and when someone else leaves you unable to drive or fearful of driving, you deserve to be compensated for this non-financial loss, as well.

Calculating these damages can be difficult when you’re the one suffering, but our car accident lawyers will have the tools to act. We know the proper calculations to make, and your case will be affected by two major factors: severity of your injuries and the impact on your life.

For example, a more severe, long-lasting injury will be worth more. A mild concussion is serious, but a brain hemorrhage is more severe and traumatic. Likewise, the more significant the impact, the more compensation you’ll be due. A football player with a broken leg may be unable to play again, where the average person wouldn’t be so affected.

What an Austin Car Accident Lawyer Can Do

In the aftermath of a car crash, you’re juggling a lot of tasks and issues all at once. You’re injured and possibly stuck in the hospital for some time. You’re unable to work, which makes supporting your family difficult, and you may be dipping into your savings already. On top of that, your car may be totaled, which means you’ll be relying on public transportation or family and friends.

This is an overwhelming amount of issues to struggle with, and this doesn’t include the often-complicated process of getting an appropriate settlement from the insurance companies or fighting for your compensation in court. What you need during this time is to focus on your recovery—and without a lawyer on your side, that’s difficult to do.

A car accident attorney can advise you and fight for you throughout the process. Navigating the law can be difficult if you’re not familiar with the processes and the rules, so you need the experience and knowledge that a top Austin law firm can provide.

When seeking an accident lawyer, you need someone who can give you the empathy and help you need to get your case handled. Don’t let yourself and your family struggle through this difficult time without the help of an attorney.

Contact a Car Accident Attorney in Austin Today

At Colley Firm, PC, our lawyers can help you through your case and ensure that you receive the compensation you deserve. It can be tough to fight alone, but fortunately, you don’t have to. When you need compensation to recover, we can help you obtain it.

Want to know how strong your case is or what your next step should be? Give our firm a call for a free consultation. We’ll review your car crash and show you exactly how we can make your case successful.

If you’ve been in an auto wreck and need help bringing your claim, give our Austin car accident lawyers a call. We’ll start with a free consultation and help you get the compensation you deserve. For more information, give us a call at 512-477-2001 or fill out the online form below.

Austin Car Accident FAQ

What do I need to do after my auto accident?

After a car accident, you’ll need to take steps to ensure that you get the settlement you deserve and that you’re not left handling the expenses another driver caused. Be sure that you stay at the scene of the accident and discuss what happened with the police. Before filing a claim with your insurance company, contact a lawyer from Colley Firm, PC.  An attorney can help you protect your settlement and get the help you need.

What are some common car crash injuries?

Car accident injuries can be especially serious and expensive. Worse, it can take time to heal, and some injuries may be impossible to completely recover from. Because of this, you’ll need to take note when you suffer one of these common car crash injuries:

• Traumatic brain injury
• Whiplash
• Spinal injury
• Broken bones
• Internal bleeding

Will I need to go to court for a car accident in Austin?

Not always. With the help of a good car accident lawyer, your case may be settled with your insurance company through negotiations. If they offer a settlement that covers all your expenses, you may not need to take further action.

How long do I have to file a personal injury claim in Texas?

In Texas, you’ll have only two years to file an injury claim against another driver. The statute of limitations is short, and if you don’t move quickly enough, you could be barred from recovering any compensation at all.

Additionally, if you’re filing a claim against the government, you’ll have even less time to file. Keep in mind that you must act within six months to get the settlement you need in these circumstances.

Who will cover my car crash expenses?

This will depend on who is responsible for the accident. In most cases, your insurance or the other driver’s insurance should cover your expenses. While Texas fault laws generally put the fault on the responsible driver, you may, in some cases, have a different party who is responsible for your injuries.

For example, accidents involving a truck driver or delivery person are different from other accidents. In these cases, the employer will be liable for the actions of their employees, and they’ll be the one you’ll file your car accident claim against.

What does fault mean for auto insurance?

Generally speaking, “fault” laws in Texas indicate that the person who caused the accident is responsible for covering the financial damages that result. Rather than both parties filing a claim with their own insurer, you’ll instead file a claim against the person responsible for the crash. This means, however, that they might accuse you of being responsible for their injuries, so be sure you have an accident lawyer who can prove that you were innocent.

What will “fair market value” mean for my settlement?

“Fair market value” is the price your car would have if it were sold on the market as-is. This is used by the insurance adjustor to determine what your claim is worth. The damage to your car may be extensive, but you should get the highest value possible for your car.

This will depend on the state of your car before the accident and what a car of “like kind and quality” would be worth. Fair market value will also consider the car’s age, history, and mileage. When it comes to your settlement, you’ll need to know this so that you know how much to ask for in damages.

I was in a single-vehicle crash. Can I still be compensated for my injuries?

In some cases, yes. Road conditions caused by government neglect can cause serious accidents, even if another car wasn’t on the road. It can be difficult to sue a government agency, but a good attorney can guide you through the process and ensure that you get the settlement you deserve.

Alternatively, your accident might have been caused by a defect in your vehicle. A part may have been unsafe, and a manufacturer may have known or should have known about the issue. In these cases, you may be able to take action against the manufacturer for their negligence.

What should I tell the insurance company?

Our Austin law firm recommends keeping your communication with the insurance company as limited as possible. While you will need to contact them to file your claim and notify them that an accident has occurred, anything you say can be used against you and your settlement. This is especially problematic when it comes to determining fault.

Keep your discussions with the insurance company simple. Don’t blame the other driver or claim that you were at fault. What they need to know is that an accident happened, who the other driver is, and what happened. Be sure to keep this as simple as possible.

How do I know if my auto accident settlement is fair?

Determining a fair settlement amount will require calculating what your total damages are. You’ll deserve more than your bills being covered, as other damages like “noneconomic damages” should also be included.  These can be difficult to calculate alone, but your lawyer can make sure you include these damages and any others you may not have considered, like the loss of household services or pain and suffering.

What are noneconomic damages?

Noneconomic damages are the non-financial damages you might have suffered because of your car accident. Since these are intangible, they can be hard to calculate alone, but they should cover damages like pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium.

How are noneconomic damages calculated?

Noneconomic damages aren’t easy to calculate, but they’re certainly not impossible to calculate. An Austin car accident lawyer will have the right tools to calculate your damages, but it will often come down to two questions:

• How severe are the effects?
• How much have these damages impacted your life?

These are usually rated on a sliding scale to account for the subjective effect of pain. For example, a broken bone for one person might get more compensation than another person’s fracture, based on the overall negative impact on quality of life.

Are there caps on the damages I can receive for a car accident in Texas?

Many Austin residents can rest easy knowing that they can get the full compensation they deserve. While a personal injury lawsuit against a government entity will be limited at $100,000, car accident cases against other defendants are not capped. This means that you won’t have to worry about keeping your case under a certain amount and can instead get all the funds you deserve.

What about my crash-related expenses in the future?

Your car accident attorney can also include this in your settlement calculations. If you have future expenses caused by your injuries, such as a planned surgery or an extended time that you’re unable to work, these should be included in the calculations for your settlement.

What if the insurance company offers a low settlement?

Unfortunately, the insurance company may not always be on your side. In addition to lowballing your settlement, they may also act slowly in their investigation, or they may refuse to respond at all. If your settlement offer is too low, our law firm can prepare a demand letter and counteroffer to the insurance company.

If you’re still unable to get the settlement you’re owed, we will help you prepare to file a personal injury claim to sue the responsible party for your just compensation.

Can I still receive a settlement for a wreck if I don’t accept the original offer?

Just because the insurance company refused to offer a reasonable settlement the first time, it doesn’t mean you’ll have to sue. Your crash lawyer can help you pursue a better settlement, or we can help you file a claim in court. If you know that you’re owed more than they offer, it’s important to fight for the full amount you’re entitled to.

I think I was partly responsible for the car accident. Can I still file a claim?

While it’s best to avoid making statements about fault, you’ll still have a chance to receive some compensation even if you’re found partly at fault. As long as the at-fault party was more negligent than you were, you should be able to file your claim. Keep in mind, however, that Texas’s modified comparative negligence laws can hurt your case or bar you from recovery.

In Austin and the rest of Texas, it’s recognized that there are few crashes that are 100 percent the fault of one person. However, if you’re found partly at fault, your settlement will be reduced by that same percentage. If you’re found to be more than 50 percent at fault for the accident, your case will be dismissed.

The other driver didn’t give me his or her information. Will I have to cover my damages?

Unfortunately, this means that you were effectively the victim of a hit-and-run. Our car accident attorneys in Austin will use every resource we can to find the other driver, including the following:

• Police cameras
• Surveillance cameras from businesses
• Eyewitness accounts

These can be excellent tools for finding the person responsible, but not every hit-and-run driver will be caught. In these cases, you’ll file a claim with your own insurance company as long as you have uninsured motorist coverage.

What roads are especially dangerous in Austin?

Being a growing and large city, Austin has plenty of busy intersections full of pedestrians, buses, and other cars trying to turn or leave parking lots. As such, you may find yourself in a busy city highway and involved in a major crash.

Otherwise, you could also have trouble with the smaller backroads. Often, these aren’t as well-paved, so you may have an accident caused by neglect from the government agency that handles these roads. You might also be dealing with drivers who speed or drive recklessly, assuming that there are no other drivers to endanger.

What if the other driver is uninsured?

An uninsured driver could be a driver who hits your car and runs, or it could be someone who has insurance—just not enough to cover your expenses (underinsured). In these cases, your uninsured motorist coverage might come in handy. In these types of accidents, your insurance company will cover your damages when you’ve been hit. If the other driver’s insurance can pay out a portion of the expenses, your coverage will cover the remaining expenses.

Who is at fault if I was rear-ended?

When you’re rear-ended, the fault is almost always on the other driver. All drivers are expected to maintain a safe distance between themselves and the car in front of them. When they don’t do this, you can get injured through their negligence.

Fortunately, an Austin auto accident lawyer can use this to your advantage. Since the other driver would be found at fault, they can make sure you get the full compensation you deserve because of this.

What if I was T-boned while crossing an intersection?

Who is responsible for this type of accident will depend on how the accident happened and who had the right of way. For example, if they were pulling through the intersection while they had a red light, what will matter is that they should have been in the intersection, not who hit who. Your lawyer can investigate the situation and use that to prove the other person was at fault.

What if there was a fatality in the accident?

Sadly, many car crashes end with the death of another person, and this can be heartbreaking. When this happens, you’ll have a wrongful death case on your hands. Be sure to speak with a lawyer from Colley Firm, PC about the compensation your family is owed when a loved one has been lost.

How can a car accident lawyer help me?

A lawyer can use expertise and knowledge of Texas laws to make sure that your case is successful, from the time just after the crash to the final judgment on your case. An attorney will have all the tools you’ll need for your case, such as damage equations and access to professional witnesses. At a time when you’re dealing with the pain of an injury and feeling overwhelmed, this can be invaluable.