Austin Car Accident Attorney

Serious Injuries After a Car Accident

Crash injuries vary with the nature and severity of the collision. Some people need only a doctor’s checkup, while others require immediate medical attention and extensive hospitalization.

Our attorneys can help document accident-related medical care, treatment history, and the effect an injury has on daily life and work.

Car accident injuries may include:

Some injuries appear immediately, while others become clearer during later medical evaluation. Treatment decisions belong to the patient and medical professionals, but medical records can help establish the nature, duration, and effect of crash-related injuries.

Texas Car Accident Liability & Filing Rules

In Texas, car accident laws follow a fault-based system, meaning the person responsible for the accident is generally liable for damages. Texas isn’t a no-fault insurance state, so an injured person typically seeks compensation from the responsible party and that party’s insurer.

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 other party owed you a legal duty. Drivers generally have a duty to operate their vehicles with reasonable care and follow traffic laws.
• Breach of Duty: You need evidence that the other party breached that duty through conduct such as speeding, running a red light, or driving while distracted.
• Causation: You must establish a causal connection between the breach and the collision or injuries.
• Damages: You must have suffered losses such as medical expenses, property damage, lost wages, pain and suffering, or other accident-related costs.

Law enforcement officers submit qualifying crash reports under Texas Transportation Code Section 550.062 when a collision causes injury, death, or apparent property damage meeting the statutory conditions. The Texas Department of Transportation maintains Texas crash records, but the reporting obligations and available records depend on how the collision was investigated.

Texas Civil Practice and Remedies Code Section 16.003 generally gives an injured person two years from the date of a crash to file a personal injury lawsuit. Exceptions can shorten, extend, or otherwise affect the applicable deadline, so the specific circumstances require review. See Texas Civil Practice and Remedies Code § 16.003.

Texas Comparative Responsibility After a Crash

Texas comparative responsibility law can apply to car crashes and other collisions, including motor vehicle and bicycle accidents. Comparative responsibility is the process of assigning a percentage of fault to each person or entity whose conduct contributed to the harm.

Under Texas Civil Practice and Remedies Code Section 33.001, a claimant generally can’t recover damages if found more than 50% responsible. If the claimant is 50% responsible or less, the recoverable damages are reduced by that percentage. For example, a $100,000 damages finding would be reduced to $60,000 if the claimant were found 40% responsible.

Insurers may argue that speed, attention, braking, lane position, medical history, or delayed treatment affected responsibility or damages. We evaluate those arguments against crash reports, physical evidence, witness accounts, medical records, and the other facts of the case. No case value can be determined from the accident type alone.

Steps to Take After an Accident

You can’t predict when another driver may hit you, but knowing what to do after a collision can protect your safety and preserve useful information. Prioritize emergency care and follow instructions from police officers, firefighters, and paramedics at the scene.

Call Emergency Responders

After a car accident in which someone is seriously injured or debris is scattered into the roadway, call emergency responders for help. Firefighters can extract people from damaged vehicles, paramedics can provide emergency care, and police officers can redirect traffic. Their reports may also become relevant to a later claim.

Collect Identifying Information

Collect identifying and insurance information from the other drivers and contact information from passengers and witnesses when it’s safe to do so. Keep the information with later repair records, medical documents, and insurance correspondence.

Take Pictures & Video

Photographs and video footage can help document the crash scene. If you can do so safely, record vehicle damage, visible injuries, traffic and roadway conditions, relevant signs or signals, debris, and the weather.

Be Careful with Statements

Check on others and cooperate with emergency responders, but don’t guess about fault or details you don’t know. Before giving an insurer a recorded statement, understand who is requesting it, which company the person represents, and how the statement may be used.

Seek Medical Evaluation

Seek prompt medical attention for pain, confusion, dizziness, restricted movement, or other symptoms after a crash. Some injuries aren’t immediately obvious, and a medical professional can determine what evaluation or treatment is appropriate.

Follow the medical advice you receive and keep records of appointments, diagnoses, treatment, prescriptions, and activity restrictions. These records may help document how the injuries developed and affected your work or daily activities.

Contact a Car Accident Lawyer

You should consider speaking with a local car accident lawyer in Austin when injuries are serious, fault is disputed, multiple policies may apply, or an insurer requests a statement or release. We can evaluate the evidence, explain the claims process, and address communications with the insurance companies.

Damages & Case Preparation after a Car Accident

Available compensation depends on liability, insurance coverage, medical evidence, financial losses, and the facts of the individual case. We assess the full record rather than relying only on the severity of the vehicle damage or the initial insurance estimate.

Potential damages in a car accident claim may include:

• Past medical expenses and reasonably supported future care
• Lost wages and reduced earning capacity
• Vehicle repair or replacement and other property damage
• Physical pain and suffering
• Emotional distress
• Accident-related out-of-pocket expenses

Exemplary damages may be available in limited cases involving legally sufficient proof of gross negligence or other qualifying conduct. Uninsured or underinsured motorist coverage may also provide a source of recovery when the responsible driver lacks adequate insurance, subject to the policy language, coverage requirements, and claim facts.

Our case-development work may include:

• Investigation and evidence gathering: We investigate the accident, collect records, interview witnesses, and work with appropriate professionals when needed. Accident reconstruction, vehicle data, video, or roadway evidence may be relevant in a disputed case.
• Insurance communications: We handle communications and negotiations with insurance companies, evaluate policy issues, and respond to disputed liability or damages arguments.
• Damages documentation: We organize records and calculate supported past and future losses.
• Trial preparation: Our attorneys prepare claims for litigation and can represent clients in court when negotiations don’t produce a satisfactory resolution.
• Contingency fee representation: Our work in personal injury law is provided on a contingency fee basis, so clients don’t pay attorney fees unless we win or recover compensation.

Frequently Asked Questions

How Long Do I Have to File a Car Accident Lawsuit in Texas?

Texas Civil Practice and Remedies Code Section 16.003 generally provides two years from the crash date to file a personal injury lawsuit. Exceptions may change that deadline, so the circumstances of the case require review.

What Compensation May Be Available After a Car Accident?

Potential recovery may include medical expenses, future care, lost income, reduced earning capacity, pain and suffering, emotional distress, vehicle repair or replacement, and accident-related out-of-pocket costs. Available damages depend on the evidence, liability, insurance coverage, and the facts of the case.

Can I Afford to Hire a Car Accident Lawyer?

We work on a contingency fee basis, so you don’t pay attorney fees upfront. We receive a fee only if we win your case or recover compensation, and the initial consultation is free.

What If My Case Goes to Trial?

We’re prepared to take a case to trial when settlement negotiations don’t produce a satisfactory resolution. Our trial attorneys use extensive courtroom experience and advanced trial science to prepare the evidence and present the client’s case before a judge or jury. Our track record of success reflects the results we have achieved for clients.

How Our Austin Team Supports Your Recovery

After a serious crash on I-35, MoPac, or any busy Austin roadway, you’re often left juggling medical appointments, car repairs, and confusing insurance calls. During this time, you shouldn’t have to figure out the legal system on your own. We guide you through each stage of a claim so you understand your options and can make informed decisions about your health, your job, and your family’s future.

From the beginning of a case, we help coordinate practical support such as access to medical providers, rental vehicles, estimates for vehicle repairs, and tracking time missed from work. We can also explain how treatment and bills from area providers such as St. David’s may fit into the damages analysis. Medical decisions remain between you and your providers, while we focus on documenting how the crash affected your health, income, and daily life.