Austin car accident have you sidelined?
Hundreds of car accidents occur on Texas roadways every single day. Some Texas drivers who are injured in a car accident may only have minor scrapes and bruises; others suffer more severe car accident injuries like brain, head and spinal cord injuries which can interrupt the victims life for days, weeks or years.
Do I Have a Car Accident Claim?
To win a car accident claim in Texas a driver must prove the following:
- The plaintiff must prove the other driver owed them a duty of care.
- The plaintiff must prove that the other drivers negligence caused or contributed to their car accident injury. To prove negligence you must prove that the defendant failed to exhibit a reasonable level of care. Negligence while driving could include speeding, drunk driving, failing to stop at a stop sign, distracted driving or running a red light.
- The plaintiff must prove that they were actually injured in the car accident as a result of the drivers negligence. Medical evidence and expert testimony can substantiate car accident injuries.
If the defendant is found guilty by a judge or jury they may be required to pay compensation for your car accident injuries. Car accident injury compensation can include:
- Medical care for current and anticipated needs including: medications, rehabilitation, surgeries and hospital stays.
- Property damage compensation
- Compensation for pain and suffering. The amount can include physical and mental pain and suffering caused by the car accident injuries.
- Punitive damages may also be assessed by the jury or judge if the defendants actions are considered reckless or egregious.
- Compensation for lost wages which can include current income and future lost earnings potential.
Both drivers may share fault in a car accident. The judge or jury may reduce the award for the plaintiff depending on their level of fault.
Steps after a car accident in Austin
If you are involved in a car accident in Austin it is important to do the following:
- Make sure everyone involved or injured in the car accident is safe. Call 911 if anyone is injured in the car accident.
- Exchange information with all the drivers including: addresses, phone numbers, insurance information and drivers license numbers.
- Gather information from all the witnesses.
- Photograph the accident scene if possible.
- Contact the police. Do not admit fault to anyone.
- Contact your insurance company.
Do I need an Austin car accident lawyer?
Austin drivers may not need a car accident lawyer for car accidents which are minor fender benders or which have no injuries, but if you have been seriously injured and need extensive medical care, or if you are having trouble getting your insurance company to offer a fair settlement offer, a car accident attorney can help. Car accident lawyers can hire medical experts, gather car accident information, talk to witnesses and help you file your car accident law suit before the 2 year statute of limitations expires.