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(512) 910-2000When negligent motor vehicle operators engage in these types of activities while driving and an accident and injuries result, then the accident victim may be able to file a personal injury claim or lawsuit against the driver seeking damages. There is no requirement that you need a law firm to file an insurance claim, but the reality is that an attorney can help collision victims in many ways. You can count with our Austin Car Accident Lawyer to represent your case. Call at (512) 910-2000 or contact us for free consultation today.
The person who was at fault for the car accident is the one who must pay for the damages. If someone thinks that you were to blame for the crash, they may file a lawsuit against you.
You can take comfort in knowing that the insurance company would be legally obligated to pay a judgment against you up to the value of the policy limit. Then, the injured driver may file a claim against their own auto policy for an underinsured driver if your coverage is not enough to pay the full damages. The other driver can only try to get your money if both of those coverages are not enough.
If you are sued, the insurance company has a legal duty to defend you. As a defendant, you would not need to hire and pay for your own car accident lawyer.
The other driver might accuse you of being negligent as well to limit their liability. However, under Texas-modified comparative fault laws, you can still recover for your losses as long as you were less than 50% at fault. Even if you think you did something wrong, too, you should always talk to a lawyer about possible recovery.
In Texas, a car accident victim must file a lawsuit against the at-fault party within two years of the date of his or her accident. If the accident victim does not file a lawsuit within this time period, he or she will no longer be able to make a claim for monetary compensation in the future arising out of these injuries. This means you need to go through the entire insurance claim process first, and then your lawyer needs to prepare the lawsuit all within two years. If you don’t file in two years, your lawsuit will be dismissed. This is why it is important to contact a car accident attorney near your area immediately.
An experienced car accident attorney at TK Injury Lawyers will be sure to file your lawsuit in a timely manner in order to fall within the two-year Texas statute of limitations on personal injury cases.
Texas has minimum insurance requirements for all drivers, and if a driver violates the law by not having proper insurance, you will need to learn about other options for seeking compensation, such as an uninsured motorist claim.
Our Austin Car Accident Attorneys can deal with many kinds of car accident. There is no requirement that you need a law firm to file an insurance claim, but the reality is that an attorney can help collision victims in many ways:
Here we share the more common injuries to car accident victims including:
Our goal is to maximize your compensation after a car accident. There are 2 main types of damages: economic and non-economic.
Economic Damages cover the financial losses you’ve experienced, such as:
Non-Economic Damages address the impact the accident has had on your quality of life, such as:
Your damages are unique to your situation. Even if two people suffer the same injury, their compensation can differ based on how the injury affects their lives, such as differences in lost wages or impact on daily activities.
The four elements that must be proven in your car accident case are:
Car crashes in Texas occur for a variety of reasons and can lead to a wide range of catastrophic injuries. If you were injured by some of the most common causes of car accidents, do not hesitate to contact an Austin car accident attorney as soon as possible:
Texas Car Accidents Facts and Statistics 2023
Source: Texas department of Transportation. (Texas Motor Vehicle Traffic Crash Facts Calendar Year 2023)
According to TxDOT, in 2024 about 1,029 people in Texas were killed and 2,522 people were seriously injured by someone driving under the influence of alcohol.
If you find yourself involved in a car accident — whether a drunk driver is involved or not — it’s important that you get as much information as possible at the scene. First, seek medical help if you or anyone else involved is injured. Call the police and remember to ask for a copy of the police report or the police report number. If you are able, collect the names and contact information of any witnesses before they drift away and take pictures of the vehicles involved. While the memory is still fresh in your mind, you should also record your first impressions of everything that is said and done before they are forgotten.
Finally, if you suspect drunk driving may have been a factor in the accident, then the final and most important step is to call a car accident lawyer as soon as possible.
While “texting and driving” is illegal in Texas and it’s one of the most common causes of distracted driving in the United States, there are other situations that can cause a car crash, including:
Regardless of the exact cause, if you have been injured in a car accident in Austin you should contact our Car Accident Lawyers at TK Injury Lawyers to find out how you can protect your rights.
TK Injury Lawyers: What to do after a car accident?
If you have been in a car accident in the Austin Metro Area and find yourself with questions about paying for medical bills, recovering lost wages, repairing your vehicle, or anything else related to your injuries, we are here for you.
The legal team of Car Accident Lawyers Austin, TX are ready to help you pursue the monetary compensation you deserve. Contact us for free consultation now or give us a call at (512) 910-2000
Distracted Driving Accident Lawyer
Our TK Injury Lawyers: Austin Personal Injury Lawyers help car accident victims all around the Austin, Texas area. We have an office in Austin, Texas at 1002 Rio Grande St, Austin, TX 78701, United States. Find us with our GeoCoordinates: 30.274129187629512, -97.7482397424445
Trent Kelly obtained his law degree from the University of Arkansas in 2007. He is licensed to practice law in Texas and regularly assists clients with their legal matters. Trent’s practice is primarily focused on personal injury matters – particularly those involving motor vehicles (such as cars, commercial trucks, 18-wheelers, and motorcycles) and wrongful death – but he also handles various business litigation matters as well. Click here to take a look at some complex cases Trent has resolved.
Years of experience: +15 years
Location: Austin, TX
4 months ago
I tell you, I wasn’t expecting much because of a previous accident years ago and my car was totaled (used a different law firm). I just wanted to make sure my doctor bills were at least covered, BUT!!! I was referred by my aunt and he was amazing! Kept me in the loop with everything. Anything I didn’t understand, he explained to ensure I comprehended everything! He also checked in to see how I was doing, feeling, and how doctors visits went. So I say all that to say this…he was a blessing in disguise and was amazing to work with! Thank you so much Tom!!
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When you hire a car accident attorney you must pay a cash retainer before the attorney will begin their work. An attorney will be paid for representing personal injury clients through a structure known as a contingent fee arrangement, this means, only will get paid if we recover money for the clients. Get more details about What Kind of Lawyer Do I Need For A Car Accident here.
If you have suffered any injuries in an accident that requires medical treatment, it is safe to assume that you might be eligible to file a car accident claim for those injuries. The most important thing that you can do after your accident is to seek same-day medical treatment at an urgent care facility or hospital. The healthcare provider there will be able to examine you and perform the necessary MRIs and other imaging studies to ascertain your condition. He or she could also recommend follow-up medical treatment, such as with a primary care doctor or specialist.
Learn more: What To Do In Case Of A Car Accident in Texas
In Texas, car accident lawyers typically receive a contingency fee, which is a percentage of the settlement or award. This percentage is often between 33% and 40%, depending on the case’s complexity and whether it proceeds to trial. For example, if your settlement is $100,000 and the contingency fee is 33%, the attorney would receive $33,000.
According to Texas Law Help, contingency fees are a standard arrangement where attorneys are only paid if they win your case. This allows injured parties to pursue claims without worrying about upfront costs.
Learn more: How Much Is My Car Accident Settlement Worth in Texas?
The amount someone can sue for in a car accident depends on the damages they incurred. Victims may sue for both economic and non-economic damages, including:
Additionally, Texas law does not cap damages for most car accident cases unless punitive damages are awarded. Punitive damages are capped at $200,000 or twice the amount of economic damages plus non-economic damages up to $750,000.
Learn more: Statute of Limitations for Car Accidents
Texas is an “at-fault” state for car incidents, which means the driver responsible for causing the accident is financially liable for damages. State law requires drivers to carry a minimum level of liability insurance:
This is generally referred to as “30/60/25” coverage. Texas law also allows drivers to purchase additional coverage options, such as uninsured/underinsured motorist coverage and personal injury protection.
If you’re involved in a car collision, contacting an Austin attorney can help you navigate insurance claims and determine fault.
Learn more: Texas Car Insurance Laws. 2024 Update
A car accident lawsuit in Texas can take anywhere from several months to a few years, depending on various factors. Key elements that affect the timeline include:
On average, settlements may occur within six months to a year, while lawsuits that proceed to trial can take over a year to conclude. Consulting with an Austin car accident lawyer ensures you receive guidance throughout the legal process.
Learn more: How Long Does It Take To Settle A Car Accident Claim?
Once a car collision case settles, it can take anywhere from a few weeks to various months to receive the settlement money. The timeline depends on:
Prompt communication with your legal team can help expedite the disbursement process and guarantee you receive your compensation as soon as possible.
Learn more: How Long Do I Have to Resolve My Car Wreck Case?
If someone sues you after a car incident in Texas, you should immediately notify your insurance company and seek legal representation. Your provider will typically handle your defense under your liability policy.
Steps to take include:
Texas law provides protection through your liability coverage, but an Austin lawyer can verify that your rights are protected during litigation.
Learn more: Is Texas a No-Fault State
You can go to jail for a car accident in the state if criminal charges are involved, such as driving while intoxicated (DWI) or reckless driving. Examples of criminal acts that may lead to jail time include:
You generally won’t face jail for non-criminal accidents but may still be held financially responsible for damages. If criminal charges are involved, consult a skilled Austin car accident attorney to help with your case.
Learn more: Reckless Driving Texas: What You Should Know in 2024
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“I would definitely recommend Terry & Kelly’s firm for your litigation needs” “Want to send out a sincere “Thank You” for an outstanding job in handling my case. It took a little over a year to resolve but Jim T. was extremely thorough in putting all of the phases together to close it out. I found out quickly how punctual Jim is as well as his dedication t...
“Trent Kelly has been very supportive and very helpful throughout my case” Trent Kelly has been very supportive and very helpful throughout my case. He has been very realistic from day one. He never changed his position. He really cares for you and fights for your case to the best of his ability. Honestly, he got my case resolved for more than I expected. I once had a...
“I worked with Jim Terry and Trent Kelly” After I was hit by a car on my scooter, I worked with Jim Terry and Trent Kelly, with Trent handling the bulk of my case. I was pleased with their professionalism and that they were always good about staying in touch and keeping me up-to-date on my case. I trusted them completely, and they resolved my case faster than I expect...
“My wife and I were very pleased with the services provided by Jim Terry” My wife and I were very pleased with the services provided by Jim Terry of TK Injury Lawyers in assisting us with her motor vehicle injury accident. He was extremely professional and kept us up-to-date with the progress. Jim took the time to help us understand the circumstances and legal conside...
“When my insurance company denied my claim I did not know where to turn” When my insurance company denied my claim I did not know where to turn. I called Jim Terry and explained my not so easy situation. I had no hope in having my vehicle repaired when I called Mr. Terry. He took on my case and was always in contact with me about where we stood in regards to a resolut...
“The staff always kept me up to date and never left me in the dark” I want to express my thanks to Attorney Mr. James Terry and staff for their representation, guidance and assistance settling my case. The insurance company was difficult, however Mr. Terry was able to get full policy limits available. The staff always kept me up to date and never left me in the dark. ...
“They contacted me frequently to give me updates” Mr. Kelly and Mr. Terry handled my personal injury case in Texas. They contacted me frequently to give me updates on my case and made sure I felt it was being handled to my expectations. I was so pleased with their professionalism. My settlement was extremely fair and timely. I would recommend them to my own family and...
“Mr. Terry is an exceptional attorney” Mr. Terry is an exceptional attorney. James (Jim) is easy to talk to, he explains the process very clearly, and he keeps you informed of events normally before they will occur. Most importantly, he settled the case to everyone’s satisfaction. I used him for a personal injury case and I would highly recommend him.
“Trent Kelly is by far the best attorney I have worked with” Trent Kelly is by far the best attorney I have worked with and I was actually married to one! He is professional and got the job done. He is one of the first attorneys I have worked with that did not make me feel like he just took my money and then did nothing. He was referred to me by my daughter who wanted...
“I have worked with Trent and his firm several times” I would highly recommend Trent Kelly and have to several friends. I have worked with Trent and his firm several times over the past four years and have always been impressed with the level of service and very confident in his abilities. After working with Trent, he set the bar in characteristics to search for in an...
We handle cases on a contingency-fee basis, meaning costs come out of your recovery, not your pocket.
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We’ve helped numerous Austinites win their Austin Personal Injury case and we would love to help you if you’ve experienced a serious accident. Austin Personal Injury Lawyers, Call us today, to speak with either Jim or Trent.We’ll review the details of your case, give you an honest assessment of it, and then, if appropriate, we’ll help you create a legal plan of action to pursue justice on your behalf.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Trent Kelly, who has more than 15 years of legal experience as a practicing personal injury trial attorney.
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