Austin Car Accident Lawyer
Have you been in an automobile accident? If so, you know firsthand that car accidents are traumatizing. Without a doubt, they can turn your whole world upside down. If you are a victim of one, it is likely that you are in a great deal of physical and emotional pain. Your concern for the future and how to move ahead is understandable. A lot has happened, and there are many unknowns as you look forward.
Our experienced attorneys are well aware of the issues that most concern our car accident clients. We are ready to listen to your story and provide you with both answers to your questions and sound legal guidance on pursuing the compensation you deserve.
In short, you need advice and counsel from a professional who is knowledgeable regarding the legal process surrounding car accidents in Texas. Learn what to expect. Call a top car accident lawyer in Austin today at (512) 732-2727 to determine whether you have a case and how you should proceed.
Why Hire Our Austin Car Accident Lawyers
Proven Experience. Top-Notch Service.
The law firm of Evans & Herlihy is well-known, from Austin to the Rio Grande, for the high quality and responsive service we provide to all of our clients. Attorney Chip Evans, a board-certified trial attorney, has a reputation for both the compassionate manner in which he communicates with his car accident clients and his aggressive approach to negotiations and litigation.
While our proven track record speaks for itself, nothing is more meaningful to us than a client’s positive review. It proves that we do things right. Below, we have shared the words of one of our clients. Her experience with our firm is typical; we provide all our clients high-quality, responsive and caring service. We always put our client’s experiences and feelings at the forefront of our approach. We deal with people who have cases — not cases that involve people. This perspective matters and drives our philosophy each and every day.
What Our Car Accident Client Has to Say
If you’ve been wronged in an accident in Austin, look no further than hiring Chip Evans and his amazing staff. After my car accident, I had no idea where I could turn or who I could trust. He has great reviews on AVVO, I reached out, and within 24 hours, his office was in contact with me to set up a consultation – other law firms took much longer to get in touch with me. Chip and his staff were extremely personable and answered every question I had; I felt very comfortable calling and asking questions as they came up – no one pushed me aside or made me feel like I was being ridiculous. Being seen as a human being in this situation is important because when you come in during the lowest point of your life, a nice group of people that truly know what they’re doing is essential for moving forward. I never felt like I had to worry about anything. As another reviewer mentioned, he went to great lengths to get all of my medical bills together AND had them taken care of – this alone was worth hiring him. Long story short, it was finished in an awesome time frame, and I can move on with my life. A better job couldn’t have been done by anyone else.”
I hope I never have to have a lawyer again, but if I do, it’ll be Mr. Evans. Thanks, y’all! – Abby R.
We are grateful for the opportunity to help Abby get the settlement she deserved and appreciate the fact that she took the time to share her experience with others. For more feedback on the service we provide, we invite you to review our client testimonials.
Chip Evans is a Car Accident Lawyer with a Proven Record of Success
A partner at Evans & Herlihy, Chip is a board-certified attorney in personal injury trial law by the Texas Board of Legal Specialization with over 20 years of professional experience as a trial lawyer representing plaintiffs. Years ago he recognized that insurance companies and corporations had the means to hire the best legal help; they had resources much greater than your average person. This realization inspired Chris to commit himself to provide high-quality legal services to “regular people.” By doing so, he levels the playing field for his clients; they start on equal ground.
A member of the State Bar of Texas, the Texas Trial Lawyers Association, the Capital Area Trial Lawyers Association, and the Austin Bar Association, Chip is licensed in all the Texas State Courts and the Western District of Texas Federal Court. He is also a member of the Million Dollar Advocates Forum and the American Board of Trial Advocates.
Chip understands the stress associated with being a victim of an automobile accident. He is committed to helping his clients manage the process efficiently and effectively so they receive the settlement they need and deserve.
In short, when you work with Chip you can rest assured that he will handle every aspect of your case, from investigation to negotiation, to litigation if necessary.
Understanding Damages in Car Accident Cases
Car accidents fall under the broader description of personal injury cases. In Texas personal injury cases, you can recover damages.
In situations like this, the term “damages” refers to the amount of compensation the court determines the plaintiff is entitled to receive. There are two primary categories of damages: economic and non-economic. Economic damages are more easily calculable, as they tend to be losses that already have a dollar figure attached.
Examples of economic damages include:
- Ambulance fees
- Hospital bills and expenses
- Therapy costs
- Medical accessories, like crutches
- In-home services
- Future projected medical expenses
- Lost earnings due to being unable to work
- Compensation for lost earning potential, in the case of permanent disability
- Cost of vehicle repairs
- Repair or replacement costs for personal items damaged in the accident, such as phone, computer, etc.
Non-economic damages are less quantifiable, but very real. These are losses a person may suffer due to a car accident. Examples include:
- Emotional distress
- Disability or disfigurement
- Pain and suffering
- Loss of companionship
- Diminished quality of life.
Our car accident lawyers in Austin know how to fight aggressively on your behalf. We negotiate with insurers, and, when needed, we put our strong litigation skills to work for you in court.
Medical Costs Associated with Car Accidents Can Be Considerable
As you may be aware, the cost of medical care, in general, is astounding. In the case of a car accident, medical costs can truly skyrocket.
Some of the costs for medical treatment following a car accident may include emergency transport, hospital and surgical bills, physician bills, physical therapy, medication, rehabilitation, and counseling.
It is easy to see how they can quickly add up and result in financial hardship. A visit to our Austin car accident attorney can help you understand your rights and options when it comes to filing a lawsuit. Be sure to bring all your medical records to your initial free consultation with our attorney to promote a robust, comprehensive discussion about your potential case. This will enable us to give the best possible evaluation of the merits of your case.
What Is My Car Accident Case Worth?
Texas insurance law requires 30/60/25 coverage. This means that drivers must be insured for a minimum of $30,000 per injured person – up to $60,000 per accident – and $25,000 of property damage per accident. But in a serious crash, that coverage may not be enough.
As you might expect, every car accident has its unique aspects. Accordingly, each settlement offer or lawsuit will be focused on and beyond the event. However, a knowledgeable car accident lawyer in Austin can help you understand what might be reasonable, depending upon your injuries and the aftermath.
For instance, if you were in a “fender bender” vehicle accident and suffered only minor bruising, you might be entitled to a small settlement. On the other hand, if you or another family member suffered significant problems, such as a traumatic brain injury or spinal cord injury, your car accident lawsuit could rise into the range of five, six, or seven figures.
The most important goal to keep in mind is not how much you can get from a car accident, but how to get a settlement that will fully compensate for your damages, as well as pain and suffering.
How Our Austin Car Accident Attorney Can Help You Move Forward
At the Evans & Herlihy Law Firm, our Austin car accident attorneys are well-versed in all aspects of personal injury cases, including car accidents. Even if you are hesitant to file a claim, we encourage you to sit down with us for a no-obligation conversation about your car crash. This discussion can provide you information that will guide your decisions regarding how to proceed.
Remember that personal injury lawsuits are meant to assist you and your family financially. Why struggle to pay your bills after a devastating car accident injury? You may be entitled to a lump-sum settlement that can allow you to offset your considerable expenses.
The Value of Working with Our Car Accident Attorneys
Three words sum up the value of our services: dedication, experience, and compassion. It is the unique and special combination of these three important traits that make us the first choice in car accident attorneys in Texas. Consider this:
- We are dedicated. One of the tenets of our practice is reducing your stress. We know this is a difficult time for you. The combination of the injuries you’ve suffered and the financial stress you are under is considerable. You likely don’t have the wherewithal to manage complicated legal proceedings. We understand this and are dedicated to making the process smooth and efficient.
- We are experienced. We have been handling car accident cases for over 20 years. While the specifics of each case are always unique, the process and issues are very likely similar to something we have handled in the past. We will leverage our significant experience to bring your case to a successful resolution.
- We are compassionate. Car accidents are life-altering and potentially traumatic events. We understand that this is a difficult time for both you and your family. Thus, we always communicate compassionately, taking into account all you have been through. You are important to us and will be treated as such. We value our relationships with our clients and work tirelessly to ensure all of their questions are answered and their needs are met.
Contact us today at (512) 732-2727 to share your experience and find out exactly how our Austin car accident lawyer can help you.
Frequently Asked Questions About Car Accidents
Our Knowledgeable Car Accident Attorney Provides Answers
In addition to injuries and damages, the most common things that result from automobile accidents are lots and lots of questions. Undoubtedly, it makes sense. Car accident victims have experienced an agonizing event. Many have physical injuries, some incredibly serious. Others struggle emotionally. And almost everyone has serious concerns about what to do and when and how to do it.
Below, our car accident attorney has answered some of the most commonly asked questions. While each and every case is unique, the general information provided here applies to most car accident victims.
While it is not required by law, engaging the services of an experienced and reputable car accident attorney is wise, for a number of reasons. First, you are likely shaken; accidents are frightening. And you may even be injured. You are not in the best frame of mind to be dealing with insurance companies, medical bills, and complicated legal processes. A qualified attorney will manage this process for you, providing you the time you need to recover. Additionally, the experience and knowledge a qualified car accident attorney brings to your case may result in a more favorable settlement. When you are represented by an experienced attorney, you begin negotiations on more equal ground.
In general, we recommend that you refer all insurance company telephone calls to us, your car accident attorney. While many people believe that insurance companies look out for their clients and their best interests, the opposite is in fact true. These businesses are always focused on their bottom line. They have teams of adjusters and high-priced lawyers working behind the scenes on their behalf. They want you to settle for as little as possible. Let us negotiate for you and leverage our experience for your benefit.
The short answer is “maybe.” Most car accident cases are settled out of court, during the negotiation phase. Thus, court appearances are not necessary. Of course, sometimes negotiations break down, and the insurance company and you, the accident victim, are just not able to come to an agreement. If this happens, the next step is for your car accident lawyer to help you file a lawsuit. In cases like this, you may find yourself in court, along with your attorney who will guide you through the process. Representation at this point is necessary and valuable.
In Texas, the statute of limitations for personal injury claims, under which car accident damages fall, is two years from the date of the injury. These deadlines matter. Lawsuits filed after this date are not valid. You will be unable to recover any costs. Your personal injury attorney will help ensure that you comply with all deadlines.
Sometimes accidents are the fault of multiple people. In Texas, civil courts determine proportional responsibility. If you were responsible for less than 51% of the accident, you will be able to recover a portion of your damages. Your Austin car accident lawyer can explain how this is determined and how it will affect you personally.
In Texas, all drivers must be offered $2,500 in Personal Injury Protection (PIP) car insurance, but you can purchase higher amounts. This is the first place to submit your medical bills. When this coverage runs out, you would turn toward your health insurance. As your car accident attorney, we will work to ensure that both your health insurance provider and you are reimbursed for accident-related medical costs.
If you have additional questions regarding your car accident, contact Evans & Herlihy at (512) 732-2727. Share with us the specifics of your accident and we can provide more tailored responses. We are ready to help you.
A Broad Overview of Car Accidents
What You Should Do After a Car Accident
Your actions immediately following your car accident are critical. First and foremost,
you mustn’t delay in getting help. Waiting will only slow down the process and can result in serious complications. Consider these action steps:
- Act Immediately: At the scene, do everything within your power to remain calm. Right away you should call 911 and check to see whether you or your passengers have been hurt. If you are not seriously injured, you may be questioned by the police. Answer everything as plainly and honestly as possible. If you are injured in a car accident in Austin, you may be taken to the nearest medical center for immediate treatment. Identify what happened to cause the accident, witnesses to the scene, and those who may be at fault.
- Keep Records: If you are able, document the scene. You’ll need as much information as possible to submit to the insurance company. In your head, piece together what happened — who was coming from where, and how the crash occurred. Take photos of the area and all involved vehicles from different angles, being sure to capture all of the damage. Don’t forget to take a picture of the other vehicle’s license plate and any road signs or roadwork. Write down the names and contact information of the other driver and any passengers. If there were witnesses who were not directly involved in the crash, record their information (name and telephone numbers) as well. Ask responding police officers for their names and badge numbers.
- Keep a Log: Following any treatment or care, document changes in your mental or physical state. For instance, if you discover bruising across your ribs or feel anxious about driving, note your issues. Talk to your family physician or mental health provider as needed. Don’t assume that you can’t have problems weeks later. Sometimes, symptoms arise days or weeks after an accident. Remember to write down everything! Without documentation, you might have difficulty connecting your health issues with the car crash.
- Inform Your Human Resources Department: If you need to take time off of work, be sure to consult with your human resources representative. In cases of short- and long-term leave or leave without pay, you may be entitled to recoup your lost wages if you pursue a legal case against the at-fault driver.
When you are ready, contact a legal advisor about filing a claim or lawsuit. Your car accident lawyer will help you understand your rights, as well as provide guidance regarding your options.
If you’ve been injured in an accident, you’re going to be facing serious financial and medical concerns. If you think you have a case, get in touch with our Austin car accident lawyer at the Evans & Herlihy Law Firm to schedule a consultation today.
Your Car Accident Claim
Our Austin Car Accident Lawyer Explains What to Expect
If you are the victim of a car accident that wasn’t your fault, you might want to file a claim. According to Texas law, you may be entitled to compensation for your expenses and your experience.
Are you concerned about pursuing a car accident lawsuit? Many people are, but they may also assume that it is not “worth it.” While this is understandable, it can also be shortsighted.
If you do nothing, you may be giving up money that could help pay for vehicle repairs, lost wages, and medical bills. Even a minor car accident can set the stage for months of costly physical therapy and other health problems. Quite often it is beneficial to speak with a legal professional.
Once you decide to consult an Austin car accident lawyer, plan to bring any documentation with you to your initial consultation. An experienced attorney can use this information to give you a better sense of whether pursuing a claim is wise.
The Value of a Proven Track Record
Why Working with Our Austin Car Accident Lawyer is the Right Choice
When you engage an attorney to represent you following your automobile accident, you want to work with someone with a history of success. At Evans & Herlihy, our car accident lawyers are proud of the services we have provided to our clients, as well as the successes we have obtained. We successfully represented:
- A pregnant Fort Worth woman and her 4-year-old daughter who were injured when a negligent driver struck their car head-on.
- Three family members who were severely injured when a drunk driver crashed into their car in Austin.
- A husband and wife who sustained major injuries in a Williamson County crash.
In each of these cases and all of our other cases, we provided compassionate and quality service. We place a high priority on responsive client service. While we handle every aspect of your case, we proactively communicate with you so you always know its status. And, we welcome questions from you at any time. In car accident cases, no question is a dumb question. Ask them all. Feel free to call us at any time at (512) 732-2727.
The Role of Negligence in Car Crash Lawsuits
In personal injury cases, including those related to car accidents, negligence plays an important role. To better explain, negligence is a legal term that describes action or inaction that is likely to cause harm.
To win a personal injury case, your attorney must be able to prove negligence. This means that you, as the plaintiff in a court case, must prove that the defendant did not act with reasonable care and thus caused your accident and resulting injury and damages. This proof must include three things:
- Duty: The defendant must have a responsibility to act in a specific way to prevent accident or injury. In the case of automobile accidents, all drivers have to obey local traffic laws, operate their vehicles responsibly, and pay attention to their surroundings when driving.
- Breach of Duty: This occurs when an individual either acts or fails to act as a reasonable person would in a similar and specific situation. Should your car be hit by another car because that driver was making an illegal turn, he or she would have breached their duty by not following the traffic laws.
- Causation: Your attorney must be able to prove that the breach of duty by the defendant directly caused the damages for which you are suing. For example, if your car is hit by a driver who has made an illegal turn, it makes sense that the damage was caused by the impact. And, if that driver had not turned, there would not have been a collision.
Finally, you must also be able to prove actual damages. This is why it is important to document your car accident and visit your physician.
In some instances, those experiencing a personal injury in a crash may be partially at fault. That’s known as contributory negligence. Texas state law applies the standard of modified comparative negligence (TX C.P.R. §33.001) when determining whether a driver is entitled to damages. If found to be less than 50 percent responsible for a crash, the driver may collect damages from the other party, based on their proportion of the blame.
Car Accident Information
Single Car Crashes Cause Damage, Too
While automobile accidents regularly involve two or more vehicles, single-car crashes also occur. While these accidents may not seem like the type of crashes that would warrant a claim, in many instances they can.
For example, a single-car accident resulting from inadequate road care or items falling from another vehicle onto the highway may be caused by the negligence of another person or organization. Additionally, defective vehicle parts and equipment failures also cause accidents. In these cases, you, the driver, may not be at fault.
This is especially true if you are operating your vehicle within accepted speed limits, were not under the influence of alcohol or other substances, and obeyed all rules of the road.
Additionally, truck accidents are incredibly common. Texas drivers should be cautious when approaching or passing large trucks and be aware of large trucks in oncoming lanes. Most fatal large truck crashes occur in rural areas, but cities can be dangerous for drivers, too.
Common Causes of Vehicle Accidents
While vehicular accidents occur for a number of reasons, the majority are caused by one of the following:
- Head-on Collisions: the at-fault operator drifts into the other operator’s lane.
- “T-bone” or Side Crash: One vehicle crashes into the side of another vehicle, causing a perpendicular crash. When damage is minimal, this can be referred to as a “fender bender.” When damage is more severe, significant injuries and fatalities can result.
- Single-Car Crash: A vehicle crashes into an object. This may be the fault of the driver, but weather, poor road conditions or other incidents may also be contributing factors. For example, a large object falling from the back of a truck may be the cause of an accident. In this case, the driver of the car would not be at fault.
- Drifting: This occurs when a vehicle on a highway moves to the left or right, hitting the side of another vehicle going in the same direction.
- Entering the Roadway: A vehicle pulls out into busy traffic without correctly gauging the speed of other vehicles.
- Excessive Speed: One vehicle is speeding and crashes into others, which may end up causing a chain reaction.
Emergency management personnel and police are trained to determine who is at fault in each incident. Sometimes this will be obvious. At other times, it will take some investigation on their part. Generally speaking, at-fault drivers will have trouble filing a lawsuit or claim unless there are extenuating circumstances.
Common Car Accident Injuries
Car crashes can result in a variety of injuries, including some that are regularly seen and treated by medical personnel. Common car accident injuries include:
- Bruises and Contusions. Although the human body is surprisingly durable, it cannot handle the physics of being in motion and suddenly stopping. Consequently, many people who have been in car accidents wind up with significant bruising.
- Broken bones. Occurring anywhere in the body, these injuries are frequently reported by car crash victims.
- Whiplash, or damage to the neck, occurs when the head is violently forced forward, backwards, or sideways. This condition may be mild or severe and can even lead to loss of work for those individuals who can no longer perform physical labor.
- Traumatic Brain Injuries (TBIs) and Concussions. The brain isn’t immune to the forces of a crash and can swell and bruise. For this reason, many people experience TBIs and concussions, which can lead to long-term issues like brain damage, memory loss, and personality changes. These injuries are quite often incredibly serious.
- Back and spinal cord injuries. Broken backs are one of the top car accident injuries treated by hospitals and medical centers. The result can be a lifelong struggle with chronic discomfort or even difficulty moving.
- Internal bleeding. When a car accident is violent, the driver and his or her passengers can experience bleeding, both externally and internally. Internal bleeding often demands immediate surgical intervention to reduce the chances of death.
It is important to understand that even if your injuries are very subtle, you should always document all medical changes. Keeping a record can be incredibly valuable should you decide to pursue a settlement for your bills, damages, and pain and suffering.
Car Accident Resources at Your Fingertips
Are you looking for more information on car accidents in Texas and throughout the country? Be sure to head to any of these links prior to your upcoming visit with one of our personal injury lawyers.
- The Texas Department of Transportation – latest crash statistics
- The Centers for Disease Control and Prevention (CDC) – motor vehicle fatalities
- Association for Safe International Road Travel – accident statistics and information
- Insurance Institute for Highway Safety Highway Loss Data Institute – Fatality Facts state by state general statistics
- National Highway Traffic Safety Administration – vehicle crash resources
Contact Us Today and Get the Help You Deserve
Evans & Herlihy Car Accidents Attorneys are Ready to Work for You
If you or someone you love has been in a car accident due to the negligence of another person or organization, reach out to us today.
Our car accident attorneys appreciate the stress you are experiencing and can leverage their knowledge and experience for you.
They will listen carefully to your story, coordinate any necessary investigations, negotiate with insurance companies on your behalf and, if necessary, represent you in any legal proceedings.
Managing life after an auto accident is, at best, challenging. When you work with our seasoned professionals you can rest assured that we will handle every aspect of your case, ensuring that filings are completed in a timely fashion and negotiations are done with your best interests at heart. Life is unpredictable, and accidents happen. How you respond to them can affect you for the rest of your life. Taking advantage of the knowledge and experience of reputable professionals is one of the most important decisions you can make for your, and your family’s, future.
Call us at (512) 732-2727 to schedule a complimentary appointment. We know car accident law in Texas and stand ready to work with you.get help today