Car Accidents: The Definitive Guide

Contents

DO I NEED A LAWYER FOR MY CAR ACCIDENT?

WHAT TO DO AFTER A CAR ACCIDENT

CAR ACCIDENT LIABILITY

TYPES OF CAR ACCIDENTS

TX CAR ACCIDENT STATISTICS

CAR ACCIDENT FAQS

Do I Need a Lawyer for My Car Accident?

While each car accident situation involves a unique set of facts and circumstances, it is always a good option to consult with an experienced personal injury attorney after the accident occurs.

Shortly after the accident, the negligent party’s insurance agent will typically attempt to contact you in an effort to settle for the amount of estimated damages.

However, any settlement with the insurance company could have the effect of drastically decreasing the total amount of damages you are entitled to receive. A personal injury attorney will draft a claim that takes into consideration the following expenses:

Much of the damage caused by tragic car accidents can affect victims on an emotional level, in addition to their physical injuries.

A personal injury attorney will work to ensure that the responsible party is held liable for the total amount of damages they have inflicted on you and he will be able to assist you in filing a claim for the full extent of your injuries, taking into account your current expenses, as well as future expenses.

What To Do After a Car Accident

Assess Injuries and Contact Help

In the aftermath of a car accident, you should check yourself and your passengers for obvious injuries. Call 911 or contact the police and let them know if emergency medical personnel are necessary.Even if you do not have immediate symptoms of injury, it’s a good idea to undergo a medical evaluation. The signs of some severe injuries, including brain injuries, are not always instantly apparent, especially to accident victims.

Deal with Police and Insurance Providers​

Unless you require transport for emergency medical care, do not leave the scene of a car accident until you have spoken with police. Cooperate with police and answer their questions honestly, but without admitting fault for the accident.


Likewise, do not apologize or admit fault for the car accident to insurance agents. In fact, it is advisable to discuss your case with Mr. Malley prior to answering any insurance provider questions or making any decisions regarding insurance company settlement offers.

Document Auto Accident Details

Collect as much information as possible about your car accident and the circumstances surrounding it.

Specific details to gather if possible include:

Car Accident Liability

Texas is a comparative negligence state, meaning that if a victim of a car accident is more than 50% at fault for any injuries sustained in an accident, the victim may lose the ability to bring a claim against the negligent party.

This becomes an issue throughout car accident cases, and therefore a personal injury attorney must be carefully consulted to help investigate the cause of the accident and ensure that the victim will not be held responsible for their own injuries.

Car accident liability largely hinges on the actions of both parties at the time of the accident.As the victim of a car accident, you may be able to recover the following:

An experienced personal injury attorney will be able to assist you with calculating the amount of damages you may be entitled to receive, as well as estimating out the future damages which should be considered.

What To Do After a Car Accident

Rear-End Collision Car Accidents

While it seems to be a commonly-held belief that the driver of a car who causes a rear-end collision is liable for the accident, this is not always the case in Texas. If the claim goes to a jury, both sides will be able to present support for their claim that the other party was more than 50 percent at fault for the accident. Since Texas is a comparative negligence state, if the victim of an accident is found to be more than 50 percent at fault, their recovery options will dissipate. Therefore, it is important to contact an experienced personal injury attorney as soon as possible after the rear-end collision to begin building up your claim.

Mechanical Failure Car Accidents

Defective vehicle parts, such as brakes, are something that may be known to the driver, or may be a surprise when the accident occurs. Regardless of the reasoning, a driver is responsible for the maintenance of their vehicle, including any mechanical failure that results in a terrible car accident. If you or a loved one have been injured as the result of another driver’s mechanical failure, you may be able to receive compensation for your injuries.

Speeding Car Accidents

Speed limits were implemented by states and the federal government for specific reasons, many unrelated to the safety of motors. In 1973, Congress enacted a national maximum speed limit in a response to the oil crisis in an effort to reduce gasoline consumption. While the limit was highly disregarded by most drivers, the limit was increased to 65 miles per hour in 1988.

Eventually, the national law was repealed entirely and left to the choice of the states. Texas currently has different speed limits set, depending on the highways, although the state limit is 75 mph, with 80 mph allowed in certain zones. In 2014, approximately 125,000 accidents were caused by the failure to control speed throughout the state, all of which could have been prevented

Rollover Car Accidents

While most rollover accidents are single vehicle accidents, many are caused by another vehicle which either slams into one vehicle, or causes the vehicle to maneuver out of traffic, resulting in a rollover. Quite often, the passengers in a rollover accident are those subject to the most severe injuries. The injuries resulting from rollover accidents are quite often severe or life-threatening, and can include the following:

Most of these injuries require ongoing medical care in the immediate aftermath of the accident, as well as rehabilitative care for months to come. An experienced personal injury attorney will work with you and your family to calculate the appropriate amount of damages you are entitled to receive after a rollover accident.

Single Vehicle Car Accidents

While most car accidents often appear to be the result of one vehicle careening into another, many accidents are also single vehicle accidents. These are often the most heartbreaking types of accidents since they are typically caused by driver distraction or intoxication.

The passengers in any car are subject to the mindset of the driver, and if they misjudged the intoxication effects, they may unfortunately fall victim to serious injuries. If you or a loved one have been injured in a single vehicle accident, you may be entitled to receive compensation from the driver for any injuries

Children Car Accidents

Nearly 180,000 children suffer severe injuries in motor vehicle accidents every year, according to the Centers for Disease Control and Prevention (CDC). Child injuries often have long-term, life-altering consequences for both victims and their families, and may result in developmental issues as well as expensive medical and rehabilitation treatments.

Because they are still developing and because most vehicles are designed with adult occupants in mind, children face a greater risk of sustaining physical harm in traffic accidents.

Distracted Driving Car Accidents

Texas has taken great efforts to attempt to curb the incidence of driver distraction, including implementing bans on texting while driving. However, distracted driving accidents continue to occur on a daily basis, despite the work of law enforcement officers and legislators.

The victim of a car accident caused by distracted driving is eligible to collect the following in a car accident claim:

An experienced personal injury attorney will be able to assist you in projecting out the total amount of recovery and will ensure that you receive the compensation you deserve for your injuries. It is important that you refrain from accepting a settlement with the insurance company after your accident. Any agreement with the insurance company will directly impact your ability to bring a claim against the responsible party.

Texting Car Accidents

Over the past century, driver distractions have increased in prevalence, and none so much as the smart phone. Drivers have always had to be cautious of the inner-car behavior of other drivers on the highways, but at least once a day we all glimpse a driver texting away on their smart phone while driving.

As the victim of an accident caused by texting while driving, you are entitled to receive compensation for your injuries.

Texting accidents have almost become as common as accidents stemming from driving while intoxicated, and are equally as dangerous. Many studies have indicated that texting while driving has the same consequences as driving while intoxicated.

The injuries resulting from texting while driving accidents can include:

Unfortunately, many texting accidents also occur to pedestrians and bicyclists, since drivers who are otherwise distracted have a tendency to veer into another lane, or do not notice when a pedestrian has the right of way. These types of accidents can have severe consequences to all victims, and can lead to extensive medical care and rehabilitation. The responsible driver should be held accountable for medical expenses, lost wages, future earnings, pain and suffering, and loss of consortium.

Reckless & Agressive Driving Car Accidents

Road rage incidents and reckless driving can lead to very serious injuries for everyone involved. If you or a loved one have been injured in an accident caused by reckless or aggressive driving, you may be entitled to receive compensation for your injuries.

The term “reckless” in the legal sense, can encompass many different types of behavior as related to operating a motor vehicle. Driving with an out of date registration sticker could be considered reckless, especially when there is a defective vehicle component.

Driving under the influence could be considered reckless, since the driver is essentially putting lives at risk by getting behind the wheel. Reckless behavior occurs on a daily basis throughout the Texas roadways, and when it impacts your family, you should be sure to contact a personal injury attorney to assist with your claim.

Reckless driving and aggressive driving often go hand in hand, since drivers who are agitated are more prone to drive in a reckless manner, causing the potential for severe injuries to anyone who may be on the roads

An experienced personal injury attorney will be able to assist you in projecting out the total amount of recovery and will ensure that you receive the compensation you deserve for your injuries. It is important that you refrain from accepting a settlement with the insurance company after your accident. Any agreement with the insurance company will directly impact your ability to bring a claim against the responsible party.

Uninsured Motorist Car Accidents

Most minor car accidents and fender benders are easily resolved by the trading of insurance information, especially when the damage is minimal.

However, when facing more extreme damage and injuries, an uninsured motorist can prevent the victim from recovering the full amount of damages they are entitled to receive.

After a car accident, the common avenue to receive assistance in repairing your vehicle or handling your medical treatment is to look to the responsible party’s insurance company. While the insurance company may not cover all your expenses, it certainly provides a stop-gap approach in the meantime.

However, when there is no insurance company to contend with, you are on your own in terms of expenses which occur due to the accident.

An experienced personal injury attorney will be able to assist you in filing a claim for related expenses, taking into account all future damages that could occur based on the injuries.

Texas Car Accident Statistics

In 2014, the Texas Department of Transportation noted an approximately four percent increase in the number of traffic fatalities from 2013. The results also noted that there were approximately 17,000 people who sustained serious injuries throughout the state in 2014, as the result of car accidents, and nearly 250,000 people sustained injuries.

While the statistics noted a positive decrease in the number of pedestrian fatalities, they also noted an increase in the number of bicycle fatalities. Out of the 3,500 fatalities which occurred in 2014, approximately 1,000 were caused by an accident where one driver was under the influence of alcohol. Unfortunately, there were no days free from fatalities caused by car accidents during 2014.

However, the statistics do indicate that the majority of the accidents caused by driving under the influence occurred between 2:00 am and 2:59 am on Saturdays. This type of data provides law enforcement with tips on what to look for to attempt to prevent accidents from occurring.

While the statistics offer a sobering look at the total number of accidents which occur each year, they serve as a warning for drivers everywhere, and as a guide to law enforcement agents. Car manufacturers work diligently to outfit all vehicles with adequate safety measures, taking into consideration the failure of a driver to react in certain situations. While this will never prevent an accident from occurring, the new safety protocols help to protect passengers in all vehicles.

Car Accident FAQs

One of the most frustrating parts of handling car accident claims can occur when the other driver is not insured. In these cases, you cannot go through an insurance company to file a claim, but must pursue alternative methods of recovery, such as pursuing a personal injury claim against the negligent driver.

Call us today at (409) 212-8888 to get your case started.

If your auto insurance claim is denied, you may seek an alternate form of recovery, such as filing a personal injury claim against the responsible driver in order to cover your damages.

Call us today at (409) 212-8888 to get your case started.

Uninsured/Underinsured Motorist Coverage is a policy in Texas that protects drivers from negligent drivers who are uninsured or underinsured. Texas requires every insurance policy to provide minimal UM/UIM coverage. Call us today at (409) 212-8888 to get your case started.

If you were not the driver in a devastating accident, you are still able to bring a claim against the driver if the driver was responsible for an accident that led to your injuries. Call us today at (409) 212-8888 to get your case started.

The term “bad faith” can refer to a claim which is brought by a person who did not actually receive the injuries they claimed to receive. In these cases, courts can actually punish a person who brings a claim in bad faith.

Call us today at (409) 212-8888 to get your case started.

As the victim of a car accident, you are entitled to recover damages in the amount of your total expenses as related to your injuries, including medical expenses and lost wages.

Call us today at (409) 212-8888 to get your case started.

You should always contact your insurance company after an accident, whether or not you choose to file a claim through the insurance company.

Call us today at (409) 212-8888 to get your case started.

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