Austin Car Accident Attorneys

Austin is known for having some of the worst traffic in the nation. With thousands of cars on the road every day, it’s not surprising that our area experiences more than its fair share of auto accidents.

If you or a loved one were involved in a car crash, you are likely suffering from lasting consequences. Serious accidents can lead to catastrophic injuries and even death, while relatively minor accidents can still leave victims dealing with injuries, trauma, and financial burdens.

At Howry Breen & Herman, we help victims of negligence fight for a just recovery. Our Austin car accident attorneys have extensive trial experience and are prepared to help you pursue the compensation you are owed.

Injured in a car accident? Contact our firm online or by phone at (512) 430-4844 to schedule a free case evaluation with our legal team.

Types of Car Accident Cases We Handle

A car accident, also known as a traffic collision, is an event where a vehicle collides with another vehicle, pedestrian, animal, road debris, or other stationary obstruction, such as a tree or utility pole. Car accidents can result in injury, property damage, and sometimes death. They are caused by various factors, including driver behavior, road conditions, and mechanical failures.

At Howry, Breen & Herman, we handle all types of auto accident cases, including those that involve:

• Rear-End Collisions: Rear-end collisions occur when one vehicle crashes into the back of another vehicle. These accidents are often caused by tailgating, sudden stops, or distracted driving. They can result in whiplash injuries for the occupants of the front vehicle.
• Head-On Collisions: Head-on collisions happen when the front ends of two vehicles hit each other. These accidents are usually severe because the impact force is doubled. Causes include wrong-way driving, distracted driving, and impaired driving.
• Side-Impact Collisions (T-bone): Side-impact collisions, also known as T-bone accidents, occur when the front of one vehicle strikes the side of another. These accidents commonly happen at intersections and can cause significant injuries due to the limited protection on the sides of vehicles.
• Rollover Accidents: Rollover accidents involve a vehicle tipping over onto its side or roof. These accidents can be caused by high speeds, sharp turns, or collisions with other vehicles or objects. SUVs and trucks are more prone to rollovers due to their higher center of gravity.
• Hit-and-Run Accidents: Hit-and-run accidents occur when a driver involved in a collision flees the scene without providing contact information or aiding the injured. These accidents can leave victims without immediate help and make it difficult to seek compensation for damages.
• Drunk Driving Accidents: Drunk driving accidents involve drivers operating vehicles under the influence of alcohol or drugs. Impaired drivers have reduced reaction times and impaired judgment, leading to serious and often fatal accidents.
• Distracted Driving Accidents: Distracted driving accidents happen when a driver’s attention is diverted from the road. Common distractions include texting, talking on the phone, eating, or using in-car technologies. These distractions can lead to collisions and serious injuries.
• Rideshare Accidents (e.g., Uber or Lyft): Rideshare accidents involve vehicles operated by drivers for companies like Uber or Lyft. These accidents can occur for various reasons, including driver negligence, distracted driving, or poor vehicle maintenance. Liability in these accidents can be complex due to the involvement of rideshare companies.

Did Driver Negligence Lead to Your Accident?

Operating a moving vehicle is a huge responsibility. Every time a motorist gets behind the wheel, he or she has a duty to act in a reasonably safe manner in order to protect themselves, their passengers, and other motorists. Unfortunately, not all drivers take this responsibility seriously. When drivers act carelessly or recklessly, they can cause serious accidents.

Some of the most common causes of car accidents that can be attributed to negligence include:

• Distracted driving, including eating or cell phone use
• Driving under the influence of drugs and/or alcohol (DUI/DWI)
• Reckless driving, including speeding or street racing
• Failure to follow traffic laws, including illegal turns or lane changes
• Dangerous driving maneuvers, such as turning left ahead of oncoming traffic
• Failure to stop at street lights and/or stop signs
• Fatigued driving or falling asleep at the wheel

These are just some examples of how negligence might lead to a car accident. Other examples of negligence include defective automobile design or faulty car parts (including brakes or tires), poorly designed roads, or unsafe speed limits.

Serious Injuries After a Car Accident

The types of injuries you might suffer in a car accident depend on the type of accident and its severity. Some people can walk away from a crash and only require a doctor’s checkup.

Others need immediate medical attention and extensive hospitalization. In either situation, our attorneys can help fight for every cent of compensation owed for medical care because we proudly take cases big and small.

Injuries suffered in car accidents can vary, such as:

• Broken bones
• Whiplash
• Brain injury
• Back injury
• Spinal cord injury
• Lacerations
• Scarring
• Vision loss
• Hearing loss
• Organ damage

Texas Car Accident Laws

In Texas, car accident laws follow a fault-based system, meaning the person responsible for the accident is generally liable for damages.

Texas is not a no-fault insurance state. This means that individuals involved in accidents typically seek compensation directly from the at-fault party's insurance company.

To succeed in a car accident claim in Texas, you generally need to establish the following elements:

• Duty of Care: You must show that the at-fault party owed you a duty of care. In car accident cases, all drivers have a duty to operate their vehicles safely and follow traffic laws.
• Breach of Duty: You need to demonstrate that the at-fault party breached their duty of care. This could involve actions such as speeding, running a red light, or other negligent behaviors.
• Causation: You must establish a causal connection between the at-fault party's breach of duty and the injuries or damages you sustained. In other words, you need to show that the accident directly resulted from the other party's actions.
• Damages: To pursue a claim, you must have suffered actual damages. These damages can include medical expenses, property damage, lost wages, pain and suffering, and other related costs.

Texas law requires drivers to report accidents that result in injury, death, or property damage exceeding $1,000. The report should be filed with the local police or the Texas Department of Transportation.

Understanding Texas Comparative Fault Law

Much like other types of motor vehicle and bicycle accidents, car accident liability falls under Texas’s comparative fault law. Under this law, a driver is only entitled to recover damages if he or she is no more than 50% at fault for the accident.

If a motorist is found to be less than 51% at fault, he or she is entitled to recover the total amount of damages suffered minus the percentage that he or she is liable. In other words, if a jury finds that you suffered $100,000 worth of damages but you were 40% at fault for the accident, you are entitled to recover $60,000.

Every situation is unique and, therefore, it is impossible to say how much your case is worth without a consultation. It is important that you meet with a car crash attorney in Austin to discuss the specifics of your case and to determine whether or not you are entitled to recover damages.

Steps to Take After an Accident

You can’t always predict when a negligent driver is going to hit you. But you can always be ready for what to do after you get into a car accident. No matter what sort of car accident you are in or who caused it, there are five steps you should always follow to help navigate the situation and to benefit your future injury claim.

Call Emergency Responders

After any car accident in which someone is seriously injured or debris is scattered into the roadway, you should call emergency responders for help. Firefighters can extract people from damaged vehicles, paramedics can perform lifesaving first aid, and police officers can redirect oncoming traffic away from the damaged vehicles. Emergency responders will also write reports about what they saw and did. Your future claim could benefit from those reports.

Write Down Identifying Information

You will need to collect identifying and insurance information from all other parties involved. Write down the information where you know you can find it later. Although you might not need the insurance info of passengers involved in your crash, you should still get their contact information.

Take Pictures & Video

Some of the most convincing evidence to support your car accident claim will be photographs and video footage taken at the scene of the crash. Use your smartphone to take pictures of vehicular damage, injuries, traffic and roadway conditions, and the weather. The easier it is to recreate the scene using your photos and video later, the better.

Avoid Apologies

You might want to say something like, “I’m sorry. Are you okay?” No matter what your good manners tell you, do your best to avoid giving an apology after your crash. Insurance companies like to keep an ear open for apologies and misconstrue them into an admission of guilt as an unfair way to pin liability on someone.

See a Doctor

On the same day as your accident, you should see a doctor for a medical checkup. Even if you feel fine, arrange to see a trusted medical professional within the next few hours of your accident. You could have underlying injuries that you don’t notice right away but that a doctor can diagnose.

Starting your treatment as soon as possible can help mitigate the severity of your injuries. It will also benefit your claim by making it more difficult for an insurance company to blame the severity of your injuries on you, which they often do when a claimant does not see a doctor or ignores the doctor’s orders.

Contact a Car Accident Lawyer

As a last added step, you should speak with a local car accident lawyer in Austin at your first opportunity. If your claim is complicated or contested by the insurance company representing the other driver, then a lawyer can help you strengthen and progress your claim in pursuit of fair compensation for your damages.

Maximize Your Compensation After a Car Accident

After a car accident, it's important to take the necessary steps to protect your rights and maximize your compensation. Our team of Austin car accident lawyers is here to guide you through the legal process and ensure you receive the full and fair compensation you deserve.

Here are some key advantages of hiring our law firm:

• Years of experience: Our knowledgeable and skilled team of lawyers specializes in personal injury law, including car accidents. We possess the knowledge and skills to navigate the legal process efficiently.
• Investigation and evidence gathering: We take the initiative to investigate the accident thoroughly. This includes collecting evidence, interviewing witnesses, and working with experts to build a strong case on your behalf.
• Navigating insurance claims: Dealing with insurance companies can be challenging. We handle all communication with insurers, ensuring that your rights are protected and that you receive fair compensation for damages.
• Maximizing compensation: Our goal is to maximize the compensation you deserve. We assess all potential damages, including medical expenses, lost wages, property damage, and pain and suffering, to ensure you receive a fair settlement.
• Legal representation in court: If negotiations with insurance companies are unsuccessful, we are prepared to represent you in court. Our legal team is experienced in litigation and will advocate for your rights before a judge and jury.
• Peace of mind: Engaging our services provides you with peace of mind during a challenging time. You can focus on your recovery while we handle the legal aspects of your case.

Don't let the financial burden of a car accident add to your stress. Contact our team today for a free consultation and let us fight for the compensation you deserve.

Have More Questions? We Have Answers.

How Long Do I Have to File a Claim in Texas?

In Texas, you generally have two years from the date of the accident to file a lawsuit for personal injuries suffered in a car crash. These time limits are set by Texas Civil Practice and Remedies Code § 16.003. Failing to file a claim within this time frame generally means you forfeit your right to seek compensation, so you should consult with an Austin auto accident lawyer as soon as possible after an accident.

How Much Money Will I Get?

The amount of money you might receive for a car accident claim in Texas depends on various factors, including the severity of the accident, the extent of your injuries, and the impact on your life.

Each of the following should be considered when calculating your financial recovery:

• Current medical bills
• Future medical expenses
• Lost income
• Loss of earning capacity
• Physical pain and suffering
• Emotional distress
• Vehicle repair or replacement
• Out-of-pocket expenses

In cases of extreme negligence or intentional harm, additional compensation may be awarded to punish the wrongdoer and deter similar behavior in the future.

Each case is unique, so it's important to consult with a car accident attorney who can evaluate the specifics of your situation and provide an estimate of potential compensation.

Can I Afford to Hire a Car Accident Lawyer?

Many car accident attorneys in Austin work on a contingency fee basis – including those at Howry, Breen & Herman. This means you don't pay anything upfront; instead, we only get paid if we win your case or recover a settlement. We also offer a free initial consultation to discuss your case. This allows you to access legal representation without the financial burden of upfront fees.

What If My Case Goes to Trial?

At our firm, we are fully prepared to take your case to trial if necessary, and we are not afraid to do so. While many cases are settled out of court, we believe in pursuing the best possible outcome for our clients, even if that means going before a judge and jury. Our experienced trial attorneys are skilled in courtroom litigation and have a proven track record of success.

We understand that the trial process can be daunting, but we are committed to standing by your side every step of the way, aggressively advocating for your rights and ensuring that your voice is heard. Your best interests are our priority, and we will not hesitate to take your case to trial if it means achieving the justice and compensation you deserve.

Call Today for a Free Consultation

At Howry Breen & Herman, we have been helping injured victims throughout the Austin and Georgetown area since 1995. Our team is dedicated to helping our clients fight for a favorable outcome.

In addition to assisting injured victims, we represent defendants wrongfully accused of negligence. No matter your situation, our Austin car accident attorneys can provide you with the personalized legal counsel and aggressive advocacy you need.

Call (512) 430-4844 or fill out a confidential contact form to request a complimentary case evaluation with our firm.