- Driving while using a mobile device
- Tailgating
- Driving recklessly or aggressively
- Running red lights and stop signs
- Driving down the wrong way
- Punctured tires
- Driving under the influence of alcohol or drugs (DUI)
- Speeding or racing
- Failing to yield to the party with the right of way
- Dangerous weather conditions
- Poor road conditions (such as potholes, roots, or cracks in the asphalt)
Texas Car Accident Laws
Texas operates under a fault-based system, meaning the driver who is found to be at fault for causing the accident is responsible for the resulting damages. This system influences how insurance claims and lawsuits are handled.
Texas follows a modified comparative negligence rule. If you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you cannot recover any damages.
Texas law requires drivers to report accidents to the police if:
- The accident results in injury or death.
- The accident causes property damage exceeding $1,000.
Failure to report an accident can result in penalties, including fines and license suspension.
The statute of limitations for filing a personal injury lawsuit in Texas is two years from the date of the accident. This applies to claims for both personal injury and property damage. Adhering to these timelines is critical to ensure that you retain your right to seek compensation.
What to Do After a Car Accident
The first thing to do after an accident is make sure you and any other people involved in the crash are safe from further harm. This means getting to the side of the road and trying to calmly call 911. Only after you are certain you and other members of the crash are out of immediate harm's way should you begin to document the events.
Directly after a crash, victims are often onset with whiplash and confusion, or even lack of memory. It is perfectly understandable that you might not know what caused the crash. Therefore, the more pictures and videos you can take, the easier it will be to establish how the opposite car could have been negligent in causing the crash. Get the names, insurance numbers, and contact information of the other car driver as well as any witnesses. This can be crucial in establishing fault so you can claim compensation.
Why You Shouldn't Trust Insurance Companies
Insurance companies, while providing essential services, sometimes employ strategies that can disadvantage policyholders filing car accident claims. Here are several ways they might take advantage of policyholders:
- Delaying the Claims Process: Insurance companies may intentionally slow down the claims process, hoping policyholders become frustrated or desperate enough to accept a lower settlement. Delays can be caused by excessive documentation requests, repeated investigations, or slow responses.
- Offering Low Initial Settlements: Insurers often present initial settlement offers that are significantly lower than the actual value of the claim. They bank on policyholders needing quick cash or lacking the knowledge to negotiate effectively for a higher amount.
- Denying Valid Claims: Some insurance companies may deny valid claims outright, citing ambiguous policy language, disputing the cause of the accident, or arguing that the damages aren't covered under the policy. This tactic pressures policyholders to either accept the denial or invest time and resources into an appeal.
- Using Recorded Statements Against Policyholders: Insurers might ask policyholders to provide recorded statements, which they can later scrutinize for inconsistencies or admissions that could be used to justify reducing or denying the claim. Policyholders might inadvertently say something that the insurer can interpret unfavorably.
- Disputing Medical Treatments: Insurance adjusters often question the necessity, duration, or cost of medical treatments. They may argue that certain treatments are unrelated to the accident or that the medical costs are inflated, thus reducing the settlement amount.
- Requesting Unnecessary Documentation: Requesting excessive or irrelevant documentation can create hurdles for policyholders. This can lead to delays and frustrations, potentially causing policyholders to give up on pursuing the full extent of their claims.
- Misinterpreting Policy Language: Insurance policies can be complex and filled with legal jargon. Insurers may exploit this complexity, interpreting policy terms and conditions in ways that minimize their payout obligations. Policyholders without legal expertise may struggle to contest these interpretations.
- Blaming Pre-Existing Conditions: Insurers might argue that a policyholder's injuries are due to pre-existing conditions rather than the accident itself. This can significantly reduce the compensation for medical expenses and pain and suffering.
- Underestimating Property Damage: Adjusters may undervalue the extent of property damage to the vehicle, offering settlements that do not cover the full cost of repairs or replacement. They might also recommend repair shops that use cheaper parts or methods.
- Pressure to Settle Quickly: Insurance companies might pressure policyholders to settle quickly, especially if the policyholder is injured and facing mounting medical bills. Quick settlements can prevent policyholders from understanding the full extent of their injuries and associated costs.
It can be advantageous to consult with a legal professional who can offer guidance on negotiations and ensure that your rights are safeguarded. At Cofer & Connelly, PLLC, our goal is to help you navigate these challenges and help secure the compensation you truly deserve, without the added stress of dealing with complex insurance tactics.
Local Austin Roads & Accident Hotspots
As the capital of Texas, Austin is a bustling city with a growing population and increasing traffic congestion. It's essential to be aware of the local roads and areas prone to accidents. Some of the most common accident hotspots in Austin include I-35, US 183, and Mopac Expressway. These roads experience heavy traffic volumes, particularly during peak commuting hours, leading to a higher likelihood of collisions.
Road construction and frequent lane changes on these routes can further contribute to accidents. Moreover, intersections such as Riverside Drive and Pleasant Valley Road or Ben White Boulevard and South Lamar Boulevard have been noted for frequent collisions. Awareness of these high-risk areas can help drivers take extra precautions, potentially reducing the likelihood of accidents. At Cofer & Connelly, PLLC, our deep knowledge of these local factors aids in building stronger claims for our clients involved in accidents across the Austin area.
Frequently Asked Questions
How Can an Austin Car Accident Lawyer Help Me?
An Austin car accident lawyer can be an invaluable asset following a collision. Our attorneys at Cofer & Connelly, PLLC bring extensive knowledge of Texas traffic laws and experience in negotiating with insurance companies. We focus on securing the best possible outcome for our clients, whether through settlement or litigation.
Our legal team can assist you at every step, from investigating the accident scene and gathering critical evidence to securing expert testimonies when necessary. We also help evaluate the full extent of your damages, ensuring that claims cover medical bills, lost wages, property damage, and pain and suffering. Our strategic legal planning aims to relieve you of the legal burden, allowing you to focus on recovery while we handle all negotiations and legal proceedings on your behalf.
What Are the Most Common Injuries from Car Accidents in Austin?
Car accidents in Austin can result in a variety of injuries, ranging from minor to severe. Common injuries include whiplash, concussions, fractures, and soft tissue injuries. In more serious accidents, victims might suffer from traumatic brain injuries, spinal cord damage, or internal injuries.
Even minor injuries can have long-lasting effects on one's quality of life. It's crucial to seek immediate medical attention to properly document injuries, which is an essential step not only for your health but also for legal purposes. Understanding the extent of your injuries is vital for filing a comprehensive claim. At Cofer & Connelly, PLLC, we advocate for our clients' health and financial recovery, ensuring that medical evaluations thoroughly reflect your needs for a robust claim.
How Can I Protect My Rights After a Car Accident?
Protecting your rights after a car accident in Austin is crucial to ensure you receive appropriate compensation for your losses. Start by documenting the accident scene and collecting contact information from witnesses. Avoid admitting fault at the scene, as this can be used against you later.
Seek medical attention even for minor injuries, as documentation is vital for your claims process. Promptly inform your insurance company about the incident but be cautious in your communication to avoid jeopardizing your claim. Consulting with an experienced car accident attorney in Austin, like those at Cofer & Connelly, PLLC, is fundamental. We can provide strategic counsel to help protect your legal rights, assess the full extent of your damages, and pursue the best possible outcome.
What If I Can't Afford an Attorney for My Car Accident Claim?
At Cofer & Connelly, PLLC, we understand the financial burdens that can come with a car accident. That's why our firm offers a contingency fee arrangement. This means that you don't pay anything upfront; our fees are only collected if we secure compensation for you.
This approach ensures that everyone has access to quality legal representation, regardless of their financial situation. We are committed to ensuring justice is accessible to all. During your initial consultation, we will discuss our fee structure transparently, so you are fully informed and comfortable with the arrangement as we work diligently to resolve your claim.
How Do I Choose the Right Attorney for My Car Accident in Austin?
Choosing the right attorney for your car accident claim involves looking at various factors, including experience, reputation, and a proven track record of success in handling similar cases. At Cofer & Connelly, PLLC, our over 200 years of combined legal experience and recognition among the best law firms by BL Rankings ensure you are in capable hands.
Our team is dedicated to a personalized client-focused approach, crafting strategies tailored to your unique situation. We invite you to contact us for a consultation to discuss your needs and evaluate how we can best support you through this process.
What Are My Rights if the At-Fault Driver Is Uninsured?
In Texas, if you're involved in an accident with an uninsured driver, you still have options. Uninsured motorist (UM) coverage can protect you in such situations. It's optional in Texas but highly recommended, as it covers medical bills, lost wages, and other damages if the at-fault driver lacks insurance.
If an uninsured driver causes an accident, filing a claim under your UM coverage is the most direct recourse. Cofer & Connelly, PLLC can assist in navigating this process, ensuring you understand and maximize your entitlements under your policy. We are prepared to discuss alternative options, such as pursuing a personal judgment against the responsible party. Comprehensive legal advice is crucial here, as it will help safeguard your rights and financial wellbeing.
Can I Still File a Claim If I Was Partially at Fault?
Yes, you can still file a claim even if you were partially at fault for the accident, thanks to Texas' comparative negligence rule. Under this legal doctrine, you can recover damages provided you are less than 50% responsible for the accident. However, your compensation will be reduced in proportion to your degree of fault.
For instance, if you're found to be 20% at fault, your award will be reduced by that percentage. At Cofer & Connelly, PLLC, we can evaluate your situation, determining the most effective legal strategies to minimize your fault percentage and maximize your settlement. A thorough analysis of the accident circumstances and persuasive advocacy can significantly influence the outcome.
How Long Does It Take to Resolve a Car Accident Claim in Austin?
The timeline to resolve a car accident claim in Austin can vary depending on several factors, including the complexity of the accident, the severity of injuries, and the willingness of insurance companies to agree on fair compensation. Simple claims may be resolved within a few months, whereas more complex cases involving significant disputes or severe injuries might take a year or longer.
At Cofer & Connelly, PLLC, we strive to resolve claims efficiently while ensuring that your compensation fully addresses your needs. Our proactive approach includes maintaining regular communication with insurance adjusters, collecting all necessary evidence promptly, and advising clients accurately about realistic timeframes. This process helps minimize delays and enhances the likelihood of a favorable resolution in your claim.
