Why Choose TK Injury Lawyers To Represent Your Car Accident Case?
- Our lawyers have over 70 years of combined experience serving personal injury victims in Austin and around Texas, including car accidents.
- Our lawyers have been selected as top personal injury lawyers in Texas for 2021 by Super Lawyers following previous selections in 2020 and 2019 for exemplary work in personal injury law.
- Jim and Terry are life members of the Million Dollar Advocates Forum for awards won on behalf of their clients.
- TK Injury Lawyers has won over 75 million dollars for our clients from their personal injury cases, including car accidents.
- Tom Gehring is a board-certified lawyer, which ensures that you have retained an attorney with the highest level of skill/competence in that particular area of law. Only less than 8% of attorneys in Texas are “board certified”.
- Our experienced car accident lawyers will work directly with you. We won’t push you or your family onto legal assistants, paralegals, or other support staff.
- No fees unless we win. We handle cases on a contingency-fee basis, meaning costs come out of your recovery, not your pocket.Table of Contents hide
How Our Austin Car Accident Lawyer Can Help?
Many car accident victims wonder whether it is really necessary to hire a car accident lawyer after a crash. 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.
- Dealing with insurance companies: Insurance companies do everything they can to limit the payment you receive or even deny your claim completely. Adjusters have many tricks they use to get injured accident victims to accept far less than they deserve. They might request documents repeatedly, delay your claim, and convince you to accept an inadequate settlement. When you have the right lawyer on your side, they will deal with the insurance companies for you. They will compile all the evidence needed to support your claim, including:
- Proof of liability – Your lawyer will know what evidence is necessary to demonstrate who was at fault for your accident and why the insurance company should cover your losses.
- Proof of damages – An attorney can calculate all of your past and future losses and provide evidence to show the full amount of compensation you deserve, including both economic and non-economic damages.
- Contingency fee basis: You might worry that having help with your insurance claim will cost too much in legal fees to be worth it. However, car accident attorneys handle claims on a contingency fee basis. This means that they do not receive any fees upfront, and they do not get paid anything if you do not get compensation. If your claim is successful, their fees come directly from that payment, so you never need to pay anything out of pocket. This means that it is always worth it to seek legal help with a motor vehicle accident claim.
- Negotiate a fair settlement: One of the most important tasks an attorney takes on is negotiating a fair settlement with the insurance company. The insurer will certainly make a lowball offer right out of the gate, and you should never accept an offer without talking to an attorney first. A car accident lawyer near you can negotiate and provide additional information to maximize the settlement offer you get. If the insurance company refuses to offer enough, you have other options. Your lawyer can escalate the matter by filing a personal injury lawsuit in civil court. This begins the car accident litigation process, which can be highly complicated.
How Much Does a Car Accident Lawyer in Austin Cost?
We do not charge our injury clients upfront for representation. Traditionally, when you hire a car accident attorney you must pay a cash retainer before the attorney will begin their work. We are paid for representing personal injury clients through a structure known as a contingent fee arrangement. What that means is we only get paid if we recover money for our clients.
At TK Injury Lawyers, We believe this structure is ideal in that it aligns the interests of the client and the attorney. In other words, the attorney does not get paid unless they produce tangible results on behalf of the client.
Finding the Best Car Accident Lawyer in Austin
If you need to file a lawsuit, you want an attorney with auto accident litigation experience handling the entire process. The best Austin car accident lawyer for you will strive to fight for the compensation that you deserve and need in your case.
There are many rules and procedures during litigation, and your attorney can navigate the process while trying to negotiate a settlement agreement. If you cannot reach an agreement, your case will need to go to court. Having the best car accident lawyer near you is critical to the success of your case if you need to go before a jury.
How do You know if You Have a Car Accident Case?
We believe that almost anyone who has been seriously injured due to another person’s negligence can benefit from hiring an effective car accident lawyer in Austin, TX.
If you were injured in a car wreck that was not your fault, you likely have legal claims that can be pursued and we would be happy to speak with you about whether we can assist.
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.
Understanding Texas Car Accident Laws
Comparative fault
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 percent at fault. Even if you think you did something wrong, too, you should always talk to a lawyer about possible recovery.
Texas Statute of Limitations
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.
Insurance Requirements
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.
Damages We Can Help You Recover From a Car Accident
You can sue for the exact damages that you have suffered because of someone else’s negligence. In any car accident case, there are two different broad categories of damages. Economic damages refer to the money that either comes out of your pocket or that you could have earned. Non-economic damages refer to the damages that you suffer because of what you have had to endure because of the accident.
Economic damages will include the following:
- Lost wages for the money that you did not earn from either not being able to work or because of a reduction in your earning capacity
- Property losses, primarily for the damage to your car
- The full cost of any medical treatment, including hospital stays, therapy costs, and prescription drugs
Your non-economic damages are more subjective, and they measure what you are going through since the car accident. Non-economic damages would include:
- The physical pain of your car accident injuries
- Anxiety and depression as a result of your injuries
- Loss of enjoyment of life
- Permanent scarring and disfigurement
- Emotional trauma
- Embarrassment and humiliation
Your damages are a personal calculation based on your own experience and injuries in a car accident. It is possible for two people to suffer the same exact physical injury but have different damages because the injury affects them differently. For example, a higher-paid worker would have more lost wages, while an active younger person could have more loss of enjoyment of life.
Filing a Car Accident Lawsuit
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.
Elements of a Car Accident Case
The four elements that must be proven in your car accident case are:
1. Duty: This refers to the legal duty that the driver had towards other drivers and passengers on the road to operate their vehicle in a reasonably safe manner.
2. Breach of Duty: This refers to the driver’s failure to meet their duty of care. For example, if they were distracted by their phone and caused an accident, they breached their duty of care.
3. Causation: This refers to the connection between the driver’s breach of duty and the accident. In other words, the accident must have been caused by the driver’s breach of duty.
4. Damages: This refers to the injuries or losses suffered by the plaintiff as a result of the accident. This can include physical injuries, property damage, lost wages, and pain and suffering.
The Average Settlement for a Car Accident in Texas
If we told you that the median nationwide settlement for a car accident is $40,000, that information would not help you much. If you suffered $100,000 worth of damages from your car accident injury, a $40,000 settlement would actually be terrible for you. While it is nice to know the average numbers for a frame of reference, you should focus on your own unique situation when you are trying to figure out how much money you can get for your car accident injuries. You never know the situations of other people who are reported as part of an average number.
The defendant has a legal obligation to put you in the same position as if the accident never happened. They would use the money to restore you to that position since they cannot undo the effects of the accident. If you suffered $1 million of damages, the defendant would have a legal obligation to pay you $1 million, although they often do not have this money.
If you have suffered more serious car accident injuries, your settlement amount would likely be much higher than average in Austin, TX. Your car accident lawyer would negotiate the right amount of compensation for you.
Most Common Causes of Car Accidents in Austin
When 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.
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 lawyer as soon as possible:
- Drunk driving
- Distracted driving, such as texting while driving
- Speeding
- Ignoring stop lights and other traffic signals
- Failure to yield
- Failure to signal or check mirrors before merging
- Following too closely
Drunk Driving
According to TxDOT, in 2021 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.
Distracted Driving
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:
- Eating or drinking
- talking to a passenger
- programming a GPS or turning a dashboard radio
- playing music too loud blocking noise outside the car
- putting on makeup
- Reaching an object on the floor
- Interacting with pets or children
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.
Common Injuries from Car Accidents
Speak to a car accident lawyer near your area if you were victim of some of the more common injuries to car accident victims including:
- Broken bones – All fractures require immediate medical treatment, and some might need emergency surgery.
- Back injuries – Back injuries are extremely painful and often keep you out of work.
- Internal injuries – Internal hemorrhaging and organ damage can result from serious crashes.
- Knee and ankle injuries – Joint injuries are common, including dislocation or soft tissue injuries.
- Traumatic brain injury – Head trauma or violent shaking of the head in a collision can cause a concussion or a severe brain injury.
- Whiplash – The neck often snaps forward and backward in a crash, which can cause several soft tissue injuries known as “whiplash.”
Types of Car Accidents
Crashes happen in many different ways, and you might suffer injuries in one of the following:
- Car wreck – Serious injuries often result when two or more cars collide with one another, often causing a chain reaction crash.
- Head-on collision – When one car is driving into oncoming traffic, the front of that vehicle might crash into the front of another vehicle. These are some of the deadliest types of accidents.
- Hit-and-run – Some drivers violate the law and flee the scene of a crash – often because they don’t want to talk to the police. Always call 911 if this happens to report the hit-and-run accident.
- Rear-end collision – This is one of the most common types of wrecks, and it involves a driver hitting the back of another car, often due to distracted driving. Though these are often called “fender-benders,” they can still cause serious injuries.
- Rollovers – Likely the most terrifying type of crash, a rollover involves one or more vehicles that roll onto their sides or roofs. SUVs and trucks are more prone to rollovers, but any car can roll.
- T-bone – These crashes are common in intersections and the front of one car slams into the side of another.
What To Do After a Car Accident?
TK Injury Lawyers: What to do after a car accident?
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Looking for a Car Accident Lawyer Near You?
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 at TK Injury Lawyers is ready to help you pursue the monetary compensation you need for the injuries that you suffered in your car accident. We can assist you with filing your personal injury claim and pursuing a settlement. We can also help you file a lawsuit in your case if your case does not settle in a favorable manner.
Frequent Asked Questions Our Car Accident Lawyers Receive
When it comes to car accidents that occur in the greater Austin area, many questions often come to mind. Drivers are sometimes unsure of what they should do – or where they should turn – if they are involved in an accident that is caused by another driver’s negligence. This article attempts to answer some frequently asked questions that drivers have after being involved in a serious Austin car crash. To discuss your specific situation, reach out to our Austin car accident lawyers directly.
