Austin Car Accident Lawyer

How Can a Car Accident Lawyer Help?

If you or a loved one has been in a car crash in Austin, call us today for a free consultation. Our Austin car accident lawyers will ask you some basic questions to understand the specific details of your crash and let you know how we can help. Once you have selected us to represent you, your personal injury lawyer will begin gathering evidence to prove fault and get the other driver’s insurance company to accept liability for the accident.

Some of the the steps our Austin car accident lawyers will take include:

• Notifying the defendant’s insurance company of your legal representation
• Helping you find medical care if desired
• Obtaining your crash report
• Taking your statement of events that led to the accident
• Obtaining eyewitness statements
• Seeking out nearby video surveillance or dash camera videos
• Collecting photos of the property damage
• Diagramming the accident scene
• Obtaining any related medical records, past and present
• Crafting a demand letter to the insurance company
• Negotiating with the insurance company to obtain your just compensation

While the laws in Texas do not cap or limit claims for your pain and suffering, it is important to properly build your case to prevent an insurance claim denial. Insurance companies may try to deny your injury claim using arguments such as:  the injury was pre-existing and not caused by the accident, there was a gap in treatment after the accident so you cannot be hurt, or the accident was your fault.

An Austin car accident lawyer can help you avoid these insurance company traps. Thompson Law can help ensure you get fair value for the physical pain you experienced, your lost wages, the property damage to your vehicle, your medical expenses, and other damages. Compensation for your injuries is your right, and our accident lawyers will do everything within our power to help you obtain maximum value for your settlement.

What Should I Do After a Car Accident?

It is critical to your health and the protection of your legal rights to know what to do after being in a car accident in Austin or surrounding areas. Taking the proper steps will maximize your chances of receiving fair compensation for your damages. Below are 10 steps you should take after an accident:

1. Remain at the Accident Scene:  Never drive away from an accident scene, even if it is a minor collision, or you could be subject to being cited for a hit-and-run per Texas Transportation Code § 550.022.
2. Get Somewhere Safe:  If your injuries allow you to do so, move to a safe location on the road, put your hazard lights on, and use flares to signal other drivers that an accident has occurred.
3. Call 911:  Emergency operators can send police to the scene to help with the redirection of traffic, take statements from drivers and witnesses, develop an assessment of fault, prepare a crash report, and contact EMS if needed.
4. Be Honest in Your Statement:  Describe how the accident happened without any speculation. However, do not admit fault to the other driver, police, or the insurance company, as it may hurt your claim. Our Austin car accident lawyers can help you understand who is to blame for the accident. Absent obvious injuries, when asked if you are hurt it is best to say “I do not know and need to see a doctor to get checked out.” Many accident injuries are masked by adrenaline so may not be immediately felt, but if you say “I am not injured” the insurance company will use your statement against you.
5. Exchange Info:  Exchange names, contact and insurance information, license plate numbers, and any other relevant information (e.g., locate the vehicle identification number (VIN) and photograph it).  Taking pictures is often a good idea so you get all the correct information. You may also want to take a picture of the other drivers, particularly for identification purposes if they do not have a driver’s license.
6. Take A LOT of Pictures:  You will want to take photos of every vehicle that was part of the collision.  Be sure to photograph the locations of the vehicles in the roadway, property damage both from a distance and close up, debris on the roadway, and signs showing the location of the accident. If there is inclement weather, such as rain, snow, ice, or fog, you should photograph that, as well.
7. Scan for Cameras or Witnesses:  If you or a passenger are physically able, it is a good idea to try and find nearby witnesses to the accident, or cameras from local businesses that may have caught the wreck on video.
8. Immediately Seek Medical Attention:  In addition to simply checking to see if you are physically ok, seeing a medical professional will allow you to document any visible injuries or areas of concern that will become part of your immediate post-accident medical history. This is important because even short delays in treatment allow the insurance companies to argue you were not injured in the accident, but likely subsequently by something else (e.g., tripping and falling in your home).
9. Remain Organized:  Be sure to create a folder with any information related to your auto accident. The personal injury claims process takes time, and it is important to document pieces of evidence you may forget later, such as lost wages, property damage to items in your car (e.g., your mobile phone), and other items people routinely forget to claim for after an accident.
10. Call an Accident Lawyer:  Car accident injury claims handled by a lawyer result in about a threefold increase in compensation to injury victims compared to victims that try to handle their case independently. Thompson Law’s Austin car accident lawyers offer FREE CASE REVIEWS and have a strong track record of excellent results.

It doesn’t matter whether you live in Austin, or a surrounding city like Round Rock or Bastrop, were visiting, or were just passing through when your accident occurred – Thompson Law’s car accident lawyers can help.

Most Common Causes of Car Accidents

There are a lot of reasons why car accidents happen near and in the Austin area. Austin experienced 12,768 motor vehicle collisions in 2022, a slight increase over the 12,433 in 2021.  The most common contributing factors to motor vehicle accidents in 2022 reported by the Austin Police Department were, in order of highest frequency:

1. Driver inattention:  3,079 motor vehicle crashes
2. Failed to control speed:  988 motor vehicle crashes
3. Followed too closely: 928 motor vehicle crashes
4. Failed to yield right of way turning left:  746 motor vehicles crashes
5. Under the influence of alcohol:  681 motor vehicle crashes
6. Changed lane when unsafe:  611 motor vehicle crashes
7. Disregard stop and signal:  588 motor vehicle crashes
8. Had been drinking:  431 motor vehicle crashes
9. Distraction in a vehicle:  346 motor vehicle crashes

If you or a loved one have been injured in an accident, the Austin car accident lawyers at Thompson Law are here to help you. Contact our personal injury lawyers to answer any questions you may have and see what your legal options are.

What Types of Compensation are Available to Car Accident Victims?

The legal term for the compensation you may receive for your losses in a personal injury case is “damages”. These types of personal injury damages are divided into two categories – compensatory and punitive damages. Compensatory damages may also be broken down into two parts – special compensatory damages (economic) and general compensatory damages (non-economic).

Special Compensatory Damages

Special compensatory damages are compensation intended to compensate personal injury victims for their monetary expenses, the most common of which include:

• Medical bills, which can include both past and future estimated bills
• Lost wages, which can include past and future earnings losses
• Household expenses, such as a need to require a maid
• Repair and replacement of damaged property, such as a mobile phone
• The cost associated with changed travel plans
• Loss of irreplaceable items, such as a family heirloom

General Compensatory Damages

General compensatory damages are meant to compensate for non-monetary damages or harm “generally sustained due to an injury accident. The most common types of general compensatory damages include:

• Pain and suffering, past and future
• Mental anguish, past and future
• Disfigurement
• Physical impairment
• Lower quality of life
• Loss of companionship or consortium, which is typical only in wrongful death claims

Punitive Damages

Punitive damages are designed to punish the defendant for their wrongful behavior and are intended to serve as a deterrent for future wrongdoing. To be awarded punitive damages, your attorney must prove that the defendant’s behavior was despicable or reprehensible.

This is a high standard to meet, and as a result, punitive damages are rarely awarded. However, when they are issued – such as in a drunk driving accident with severe injuries or death – they can be very costly for the defendant.

Consequently, it is important to consult with an experienced Austin car accident lawyer to determine what type of damages may be available in your particular case. Call our Austin car accident lawyers today for a free consultation.

How Long Do I Have to File an Auto Accident Injury Claim?

The statute of limitations is two (2) years in Texas for personal injury claims related to auto accidents, meaning you must file a lawsuit within this timeframe after the date of the accident. In most cases, you will be barred from filing a lawsuit if you do not do so by this deadline. While there are some exceptions to the two-year rule, our Austin car accident lawyers want you to know that they are rarely applied.

Exceptions to the Texas Statute of Limitations for Injury Claims

1. Claims for Minors:  Anyone under the age of 18 is afforded 2 years from the date they become an adult (i.e., at 18) in the eyes of the law.
2. Claims for Legally Disabled Persons:  Legally disabled people of unsound mind are afforded 2 years from the date the disability is lifted.
3. Auto Insurance Claims Against Your Policy (i.e., First-Party Claims):  First-party insurance claims (i.e., your own auto insurance policy’s uninsured motorist coverage) are determined by your contract with the insurance company and are typically between 2 to 4 years.
4. When the Defendant Leaves the State Where the Accident Occurred:  The period of time during which a defendant (i.e., the person liable for the accident) leaves the state pauses the statute of limitations until that person returns to the state.
5. Inherently Undiscoverable Injuries:  The Discovery Rule ties the 2-year clock on the statute of limitations to when an injury was discovered rather than the date of the accident.
6. Wrongful Death Claims:  When a person dies from injuries related to an accident, the 2-year statute begins on the date of death rather than the date of the accident.
7. Claims Against the State of Texas:  Claims against the State of Texas only have a 6-month statute (instead of the typical 2-year period) under the Texas Tort Claims Act (TTCAS).

Generally, you do not want to wait to file a personal injury claim because: 1) these exceptions are rarely used to extend the deadline, and 2) insurance companies tend to dispute that injuries were related to your accident the longer you wait. If you or a loved one have been injured due to another driver’s negligence, call our experienced Austin car accident lawyers today to ensure that your claim is filed promptly.

Common Car Accident Injuries

Some car accident injuries are minor and require little to no treatment, while others can be severe or even life-threatening. Recognizing the signs of injury after a crash is crucial to ensuring proper care for yourself or a loved one. Below are some of the most common car accident injuries seen in Austin:

• Whiplash
• Head injuries
• Traumatic brain injuries
• Neck injuries
• Spinal cord injuries
• Burn injuries
• Soft tissue injuries
• Paralysis
• Fractures bones
• Internal injuries, such as organ damage
• Lacerations, abrasions, and cuts
• Nerve damage
• Concussions
• Amputation
• Wrongful death

If you or a loved one has been involved in a car or pedestrian accident, seeking medical attention right away is essential, even if no injuries are immediately visible. Some injuries, like whiplash, internal damage, or concussions, can take days or even weeks to show symptoms. A doctor can evaluate your condition, identify any hidden injuries, and provide the care needed to support your recovery. Prioritizing your health now can prevent complications later.