Automobile Accident

Traffic laws are put in place to prevent accidents, but accidents still happen. If you have been injured in a car accident and insurance isn’t paying the bills, you need to contact an automobile accident attorney. 

Common Causes of Accidents

There are a few main causes of accidents in Texas. They include:

• Driver Error
• Mechanical failure
• Dangerous Roads
• Hazardous Weather Conditions

The vast majority of these automobile accidents are caused by driver error. This can mean the driver was speeding, running stop signs/lights, under the influence, failing to yield, and even driving while distracted. Other common causes of automobile accidents include mechanical failure (the vehicle does not function properly), dangerous roads (roads without proper maintenance), and hazardous weather conditions (snowstorms, heavy rain, etc.).

Common Injuries in an Automobile Accident

Some accidents can result in minor injuries and others can result in severe injuries and even death. Some common automobile accident injuries are:

• Whiplash And Neck Injuries: common with rear-end accidents, whiplash occurs when your neck is suddenly jerked forward or backward while the rest of you remains still.
• Back And Head Injuries: more severe injuries from an automobile accident can involve the back and the head. A herniated disc, full/partial paralysis, concussions, and even skull fractures can come from automobile accidents.
• Brain Injuries: another injury that can occur includes a traumatic brain injury. This can lead to long-term effects. 

Texas Automobile Accident Laws

Texas is an “at fault” state, meaning that insurance companies will not pay for damages until the person who was “at fault” for (caused) the accident has been determined. This means that your insurance will pay for the other party’s expenses if you are determined to be at fault, and vice versa. 

But then what if it was both people’s fault? That is called a comparative fault case. This means that both parties were responsible for the accident and neither one was more responsible. In these cases, you can still receive compensation for damages but you may not receive as much. 

Filing A Personal Injury Suit

If you were in an accident due to another party’s negligence (distracted driving, drunk driving, or drowsy driving) you can file a personal injury suit against the other party. After the accident, you typically have two years to file a lawsuit against the responsible party. If you do not file a lawsuit in that timeline you will no longer be able to because the statute of limitations has run out. But what if you don’t discover injuries until a few weeks after the crash? In that case, the statute of limitations does not start until the injuries have been discovered. 

In order to receive damages in a personal injury lawsuit, you must prove negligence on the behalf of the at-fault party. This means that the at-fault driver did not exercise reasonable care and attention which led to your injuries. 

Damages

If you are able to prove negligence on behalf of the at-fault party, you are possibly entitled to 

• Medical expenses: Any medical expenses that you incurred due to the injury.
• Lost Wages: Any wages you may have lost due to not being able to perform your job duties.
• Pain and suffering: Compensation for emotional trauma due to the accident.
• Wrongful Death: If the automobile accident resulted in the death of a family member you may be entitled to compensation. 

Automobile Accident Attorney in Texas

The insurance and car accident laws in Texas can be tricky to navigate without an automobile accident attorney on your team. If you believe you may be entitled to compensation due to another driver’s negligence contact the Paxton Law Firm today for a free consultation.