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Hiring a Car Accident Attorney in Texas

You may have many questions when you are involved in a car wreck, we are here to help! We have compiled a list of the most frequently asked questions by car accident victims in the state of Texas.

How Common Are Car Accidents in Texas?

According to the Texas Department of Transportation, an accident is reported every 57 seconds in Texas as of 2021.

This amounts to around 500,000 car accidents in Texas every year, with around 15,000 of them resulting in serious injury.

How Much Do Car Accident Lawyers Charge in Texas?

Most car accident lawyers work on a contingency fee basis, meaning that clients pay no upfront fees and instead pay a percentage of their settlement or verdict only after it has been awarded.

The average car accident lawyer fee is 33% of the final settlement or verdict, though this number can be as low as 25% or as high as 40% depending on the law firm.

Do I Need a Lawyer for a Car Accident in Texas?

There is no requirement in Texas that calls for the victims of car accidents to hire an auto accident attorney in order to file a claim or lawsuit.

People who do work with lawyers on their car accident cases tend to have stronger cases, bigger settlements, and are generally more comfortable throughout the legal process.

How Much Is the Average Accident Settlement in Texas?

According to various resources, the average car accident settlement is approximately $22,000 to $25,000 around the United States.

Settlement amounts for accident victims can vary significantly, however, depending on individual factors of each case such as the extent of medical bills and amount of pain and suffering.

How Long Does a Car Accident Settlement Take in Texas?

According to a recent Martindale-Nolo survey, car accident claims reach settlements after an average of 10.7 months, which is relatively quick compared to other types of lawsuits.

This same study found that more than half of car accident claims are able to resolve in less than six months.

Car accidents can lead to permanent impairment or disability, and even death. Not only can car accidents be devastating emotionally and physically, but they can also result in extensive costs that many people are unprepared for.

By working with a car accident lawyer in Texas, you can seek justice for your injuries as well as financial compensation to relieve the costs of medical bills, loss of income, and any pain and suffering you have experienced since your accident.

Contact LegalFinders today if you are ready to be connected with a top-quality car accident lawyer in your area for a free case review.

Texas Car Accident Lawyers

Who Needs a Texas Car Accident Lawyer

Not everyone needs a Texas car accident lawyer, but it is highly recommended, especially for complex car wreck cases that involve a lot of evidence or high amounts of damages.

You may need a Texas car accident lawyer if:

  • You were in a car accident that left you or one of your loved ones seriously injured.
  • You are not sure who was at fault for the accident that you were in.
  • A loved one or family member passed away in a car accident and you believe it was a wrongful death.
  • Either you or the other motorist is uninsured.
  • You want to ensure you receive the highest settlement possible.

Even if none of the above reasons apply to you, it may simply be more comfortable to go through the insurance claims process with a lawyer, especially if you have no legal knowledge or experience.

 

Texas Car Accident Statistics

Texas is currently one of the fastest-growing states in the country, meaning there are also more drivers on the road and the potential for accidents and injuries are only increasing.

According to data from the Texas Department of Transportation and Traffic Safety, there is a reportable accident every 57 seconds in Texas, and a person is killed in a traffic accident every 1 hour and 57 minutes.

Most Dangerous Highways in Texas

While Texas is not necessarily known for rugged terrain or rough weather, some of the country’s most dangerous roadways can be found here.

Most dangerous highways in Texas include:

  • Interstate 45 — recently named as the most dangerous highway in the U.S., this freeway has heavy traffic volume and congestion and is also known for drunk drivers and heavy speeding.
  • Interstate 35 — also one of the most dangerous highways in the U.S., possibly because it runs through multiple major cities in Texas.
  • Interstate 10 — this roadway experiences frequent construction and is also subject to weather conditions.
  • Interstate 20 — this highway is known for having a large number of drunk drivers and also lower-than-average response times from emergency vehicles.

 

Legal Options After a Car Crash in Texas

After you have been in a car accident in Texas, you have the option to either file a personal injury claim or a car accident lawsuit.

Personal injury claims are usually filed as a first step, with lawsuits generally only being filed after a claim has been denied.

Personal Injury Claims

Texas is an at-fault state when it comes to car insurance laws and policies, so motorists can file claims against the at-fault driver and their insurance company if they have been the victim of a car accident.

These legal claims are calls for financial compensation to help cover the numerous damages and expenses that can add up for the victim of a car accident, especially one who has been seriously injured.

Car Accident Lawsuits

People also have the option to file a car accident lawsuit if their claim was unsuccessful or the involved parties were unable to reach a fair agreement.

In these cases, your lawsuit will be argued in court before a judge or jury. In fact, most car accident lawsuits that make it to court are decided by a jury.

 

Why Hire a Lawyer for a Texas Car Accident Claim?

Hiring a Texas car accident lawyer for your claim or lawsuit may be in your best interest and can certainly provide a lot of benefits.

Reasons to hire a lawyer for a Texas car accident claim include:

  • They can help you gather evidence and build the strongest case possible.
  • They can act as your legal communicator and protect your rights in all legal matters.
  • They can represent you in court if your case goes to trial.
  • They can help you avoid going to court by negotiating a settlement that is fair to both parties.
  • They are backed by law firms that can provide additional aid and resources.
  • They can help you meet all deadlines on time.

A great way to get started with a car accident attorney is to take part in a free consultation to determine your eligibility for a case.

 

What Does a Texas Car Accident Lawyer Do?

Car accident lawyers provide a variety of services to their clients, including some of the following.

Assess Whether You Have a Valid Car Accident Case

First and foremost, they will determine whether you have a valid car accident case to make a claim or lawsuit.

Most law firms provide free case evaluations to potential clients in order to determine eligibility for clients without any financial risk to them.

Identify Possible Car Accident Causes

Your lawyer can bring to you a different perspective on your accident and help determine any potential causes that may have not been previously considered.

Identifying possible causes can help to determine fault and negligence for an accident, as well as determine if external factors were at play, such as the weather or mechanical errors.

Determine Fault for the Accident

Because Texas is considered an “at-fault” state, the motorist who is determined to be at fault in an accident plays a crucial role in how a claim or lawsuit pans out.

It is highly possible for multiple drivers to be at fault or for both drivers to share fault in an accident, though one will likely have a higher percentage of fault than the other.

Work to Prove Negligence

In addition to fault, the idea of negligence is extremely important in a car accident case, and must be present in order to prove liability.

A person can be found responsible for a car accident, but if they did not act negligently, they may not be found liable.

Examine Your Injury Medical Records

Your medical records play a vital role in your case as both evidence of injuries and an account of medical expenses and damages that need to be compensated for.

Common car accident injuries include:

  • Bone fractures
  • Burns
  • Cuts
  • Head injuries
  • Back and spinal cord injuries
  • Limb loss
  • Fatalities
  • Whiplash
  • Traumatic brain injury (TBI)
  • Airbag injuries

File Your Car Accident Claim

With your personal injury attorney’s assistance, you can file your car accident claim and ensure that all deadlines are met and paperwork and evidence are submitted correctly.

In Texas, the statute of limitations for personal injury cases is two years from the date of the accident, so you and your attorney will need to keep this date in mind.

Negotiate a Car Accident Settlement

Car accident attorneys take part in the negotiations for accident agreements, often involving a lot of back-and-forth communication between insurance companies and adjusters and lawyers for the other party.

This stage in the claims process is very important, as both parties must agree on a settlement amount in order to proceed.

Defend Your Car Accident Lawsuit in Court

In the event that your car accident lawsuit ends up in court, your car accident attorney will stand for you and represent you for the jury and judge.

Studies have shown that around 98% of car accident claims settle outside of court, so most people will never have to worry about this scenario.

What Types of Cases Do Car Accident Lawyers Handle?

Just as the potential causes for accidents are endless, so are the types of car accidents that occur and which car accident lawyers handle.

Types of car accident cases that lawyers handle include:

  • Drunk driving accidents
  • Head-on collisions
  • Hit-and-run accidents
  • Motorcycle accidents
  • Rear-end collisions
  • Truck accidents
  • Collisions with wild animals
  • Accidents that are related to vehicle malfunctions
  • Texting and driving accidents
  • Accidents involving bad weather conditions
  • T-bone collisions

 

What to Do Before You Call a Texas Car Accident Attorney

There are a few actions you can take immediately following an accident to help with your case later on.

1. Report the Car Accident

If the accident that you were in resulted in injury or a fatality, Texas law requires you to report it to your local police or sheriff’s department immediately.

Further, if your accident resulted in more than $1,000 worth of property damage, it must also be reported to the Texas Department of Transportation (TxDOT) through an accident report.

2. Seek Medical Care

Any time you have been in a car accident, it is important to seek immediate medical attention. You may want to get medical treatment even if you do not appear or feel injured at the scene.

Make sure to keep detailed records of all medical care that you receive in relation to your accident, as this can be crucial evidence later on for your claim.

3. Gather Evidence from the Scene of the Crash

It is not always easy to gather evidence while you are still at the scene of the crash, especially if you or one of your loved ones has been seriously injured.

Important evidence from the accident scene can include:

  • Photos of all vehicles involved
  • Video surveillance, if possible
  • Notes about weather conditions
  • Notes about traffic conditions
  • Notes about road conditions

4. Obtain Information from the At-Fault Driver

Do your best to obtain information from the driver, which may be hard to do sometimes if the other driver is not cooperative.

Items to collect from the at-fault driver include:

  • Drivers license number
  • License plate number
  • Car insurance information
  • Contact information

5. Collect Witness Statements

Collect statements from people who witnessed the accident, either as bystanders or passengers in any of the involved vehicles.

It is also important to write down your own personal statement as soon as you can after an accident while the details are still fresh in your mind.

 

Top Benefits of Texas Car Accident Lawyers

If you are considering working with a Texas car accident lawyer for your case, consider the many benefits that hiring one might bring.

Collision Damages Assessment

Your Texas car accident lawyer and legal team can do a full and thorough assessment of all potential collision damages that can be claimed for your case.

With your lawyer’s help, you may find that you are eligible for a lot more damages than you had initially thought.

Access to Expert Witnesses

A Texas car accident attorney can provide your case with valuable expert witnesses who can give testimony to support your claims.

The types of witnesses who may be called to provide testimony include medical professionals, traffic safety experts, and mental health experts.

Thorough Discovery Process

An experienced lawyer will know how to deeply examine and present all the evidence for your case, including the witnesses and any pertinent evidence from your accident’s police report.

By leaving no stone unturned during the discovery process, your lawyer can ensure you have the strongest case possible and receive maximum compensation for your injuries.

Handling the Insurance Companies

Car insurance companies are known for being doing whatever they can to cut costs and save money.

By working with an experienced attorney, you can prevent insurance companies from trying to take advantage of you or giving you less compensation than you deserve.

In-depth Knowledge of Texas Car Accident Laws

Any good Texas car accident attorney will have extensive knowledge in car accident laws that are specific to Texas.

Relevant Texas car accident laws include:

  • Statute of limitations — In Texas law, the statute of limitations for a personal injury law claim or lawsuit is two years.
  • Fault insurance laws — Texas is an “at-fault” state, in which people can file claims against the at-fault party’s insurance in order to collect compensation from the accident.
  • Texas’s modified comparative negligence rule — The rule is also known as “proportionate responsibility” because it means that all involved drivers are assigned percentages of fault and can sue based on these fault percentages.

Real-Time Knowledge About Your Case

While your lawyer takes care of all the hard work behind your case for you, you can ensure that you will always be kept up-to-date about what is happening every step of the way.

You also never have to worry about important deadlines being met or paperwork and evidence being submitted properly.

Improved Car Accident Settlement Outcomes

People who work with car accident attorneys report higher success rates and bigger settlement awards than those who represent themselves.

This is generally because those who work with a lawyer are able to build a much stronger case overall and will have more confidence during negotiations or in court.

 

Tips for Choosing a Quality Texas Car Accident Lawyer

Choosing the right Texas car accident attorney can make all the difference when it comes to the outcome of your case.

Tips for choosing a quality Texas car accident lawyer include:

  • Take advantage of as many free case reviews as you can before deciding on the law firm that will represent you best.
  • Ask about past settlement offers and look at their track record of successful cases.
  • Find a lawyer with years of experience, particularly in car accident cases and in cases that share similarities to yours.
  • Meet with lawyers in-person to help determine if they are a good fit for you and your case.

 

Cost of Texas Car Accident Lawyers

Car accident lawyers rarely charge any upfront fees for legal representation, and usually work on what is called a contingency fee basis.

This means that clients only pay their lawyer after the case has reached a settlement, after which they pay out a percentage of the final award amount.

 

LegalFinders Can Connect You With Experienced Car Accident Law Firms

There is no doubt that a vehicle accident can leave you with a lot on your plate, including physical injuries, emotional distress, and high medical bills.

If you have found yourself in this situation recently after a car accident, contact LegalFinders to be connected with a top-quality personal injury law firm near Texas that can help.

You and your loved ones deserve fair compensation if you have suffered at the hands of a negligent driver — do not miss out on your opportunity to collect on a claims settlement.

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Published: 9 December 2021

ARTICLE SOURCES

Texas Department of Transportation. “Annual Texas motor vehicle crash statistics.” Retrieved from: https://www.txdot.gov/data-maps/crash-reports-records/motor-vehicle-crash-statistics.html.

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