We know the road is a dangerous place, but rarely is anyone prepared for a motor vehicle accident or the life changes that follow. If you or your loved one suffered injuries in a car accident in Austin, our Austin car accident lawyer can seek damages from the negligent driver either with an insurance settlement or lawsuit. We believe you should not pay financially for someone else’s carelessness that resulted in an accident.
If you plan to take legal action, consider a free initial consultation to learn more about how our Austin passenger vehicle accident lawyer can lead your case. You can call in the Strong arm of the team at Loncar Lyons Jenkins to assess your case and advise you on how to recover compensation for your damages.
We Will Fight for Your Financial Recovery From the Accident in Austin at No Upfront Cost or Fees
We have been helping Texans recover damages from accidents for more than 30 years, so we know that recovering from an auto accident can be expensive, especially when passengers suffer major physical injuries. Typically, catastrophic injuries, like traumatic brain injuries (TBIs) and spinal cord injuries (SCIs), internal organ damage, and other wounds could mean victims recover higher compensatory damages.
We find that victims may be hesitant to hire an accident attorney to fight on their behalf because of concerns about the cost of the legal process. At Loncar Lyon Jenkins, our attorneys work on a contingency fee basis, accepting no money up front from clients.
We cover all legal costs of a case and only receive payment if our clients win their cases. Our earnings come from a percentage of the settlement award or court-ordered verdict. If you hire us, we can start your case promptly with no out-of-pocket cost. This helps us get to work and maximize our time to work on your case, as the clock is ticking from the day your accident occurs.
Your Austin Passenger Accident Lawsuit Must Meet Texas’ Statute of Limitations Deadline
Your injury lawsuit follows the same filing deadlines as other personal injury cases in Texas. Under Texas Civil Practice & Remedies Code § 16.003, you generally have up to two years to take your case against the at-fault party to court. The exact time limit applies if you file for wrongful death damages on behalf of a deceased loved one.
Filing on time is crucial to winning a lawsuit. Otherwise, the court will dismiss your case for missing the deadline. However, you may have tolling exceptions that can extend your time limit. For example, if you file the accident case on behalf of your child, the statute of limitations would only apply once they turn 18 years old.
Our team of personal injury lawyers will check for these tolling exceptions to determine how much time you have after the passenger vehicle accident in Austin. They can also monitor how the case progresses to keep your personal injury case on schedule.
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We Will Hold the Liable Party That Caused Your Injuries in the Austin Car Accident Accountable
When seeking compensation for injuries in an auto accident, injured victims can take legal action against the motorist who drove the other vehicle or another party responsible for the crash. However, if you were a passenger, you might hold the driver of your vehicle responsible instead. For example, they may have run a red light, causing them to crash into another car in a T-bone collision.
Besides drivers, other parties could also be liable for the accident. For instance, the vehicle might have been outfitted with defective brakes, leaving the driver unable to brake safely. That would make the car or brake manufacturer responsible.
One of our Austin car accident lawyers can investigate your accident to determine which parties to hold liable for the crash. We help collect evidence such as:
- Police reports
- Photos and video footage of the accident scene in Austin, such as from a dashcam, traffic camera, or cellphone
- Witness statements
- Your written statement
- Statements from experts, such as an accident reconstructionist
- Medical records
- Clothing you were wearing during the accident
- Cellphone records
We will investigate the accident to determine how it happened and build a case showing how the other party was negligent. We will also work to identify all liable parties you could pursue compensation from. To prove negligence, we must prove the opposing party owed you a legal duty of care and that their actions or inactions breached that duty. We must also show the breach directly caused the accident and that you suffered as a result and should now receive compensation for damages.
Our legal team will handle all communications with all involved parties in your case to ensure we seek every avenue possible to recover your compensation.
Recoverable Damages in an Austin Passenger Injuries Collision
Auto accident victims typically recover damages by filing an insurance claim or personal injury lawsuit. An Austin passenger vehicle accident lawyer from our firm will evaluate the circumstances surrounding the incident to determine which option would be appropriate for you.
Recovering fair compensation means you could cover losses such as:
- Medical care expenses: This category could include hospital stays, medical procedures, tests, surgeries, and medications.
- Lost income: You could collect these damages if your injury prevented you from going to work or managing your business. You could also seek compensation for lost earning ability if you cannot return to work or must take another position because of your injuries.
- Pain and suffering: You could receive compensation for the physical anguish and emotional trauma caused by the injury. Mental anguish, emotional distress, and other psychological effects can
Other economic and non-economic damages you could recover include:
- Property damage
- Loss of enjoyment of life
- Loss of consortium
- Loss of companionship
- Impaired quality of life
Wrongful Death Damages
If your loved one suffered fatal passenger injuries in a car accident in Austin, you might be able to recover damages with a wrongful death lawsuit, which our attorney can file. During your free initial consultation, we can explain how Texas law governs these actions and which family members could recover losses, such as a spouse. Recoverable damages in wrongful death cases include:
- The decedent’s accident-related medical expenses
- Final arrangement expenses for their funeral and burial or cremation
- The household income they would have contributed had they survived the accident
- Other related losses
Our personal injury attorneys will review the accident and compile your expenses to estimate how much you could recover. Once we determine the value of your compensation case, we can demand payment from the liable party.
You Could File an Insurance Claim First After a Passenger Injuries Crash
Texas auto insurance laws require Austin drivers to carry liability insurance. If the motorist caused an accident due to negligence, this coverage helps pay for the expenses their victims accrue, such as medical bills and lost income.
As such, our Austin car accident lawyer can manage your case and file a liability claim with the at-fault driver’s auto insurance provider. They can also advise you on whether an insurer’s proposed offer is too low to meet your needs. If you disagree with the insurer’s initial settlement offer, we can lead negotiations to ensure you pursue the right compensation that meets your needs. Insurance companies are known to offer settlements that are too low.
You could also file a claim with your health insurance company to help shoulder your injury-related costs.
When to Consider Filing a Lawsuit After a Passenger Car Accident
In some instances, you might be unable to collect damages through another person’s insurance claim. For example, the driver might have insufficient coverage or not carry any insurance. In that case, if you have underinsured or underinsured (UM/UIM) coverage, we could file a claim with your insurance provider.
If there is a dispute as to liability for the collision in Austin, you might have to file a personal injury lawsuit instead in these situations. We can take care of these actions while you focus on recovering from the collision. The civil court will determine how much you can receive from the parties at fault in a vehicle accident. The liable parties would have to pay out-of-pocket any awards over their insurance policy limits.
You must file your lawsuit in the circuit court that presides over the county where the accident happened. Since your crash occurred in Austin, you would file suit at the Travis County Courthouse. Our Austin car accident attorney can represent you during the proceedings and advise you on what to do.
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How Comparative Fault Rules Work in Texas Car Accidents
In a typical auto accident settlement, a victim receives damages from the at-fault motorist or party. The recoverable amount depends on the percentage of fault placed on them. For example, if a court finds the driver filing the claim 40 percent liable, they can only recover 60 percent of their total damages.
However, passengers have an advantage in car accident cases because they can sue all liable parties. According to Texas Civil Practice & Remedies Code § 33.013, they can receive damages from each party equal to their percentage of fault. So, if they file a claim against both drivers, the driver who was 40 percent liable would pay that portion of the award, and the other motorist would pay the remaining 60 percent of the claimant’s damages.
Call Us Today for Legal Help From Our Austin Passenger Vehicle Accident Lawyer
If you or your loved one suffered injuries in an Austin-area auto accident, you could seek compensation to cover your losses. Our Austin passenger vehicle accident lawyers will manage your entire case from beginning to end, from insurance settlement negotiations to the trial phase, if we must go to court to recover your compensation.
The law office of Loncar Lyon Jenkins has handled thousands of personal injury actions throughout Austin and statewide for over 30 years. We handle various kinds of motor vehicle accidents. Call us today or submit your accident details for a free evaluation.