Accidents involving motor vehicles often result in serious injuries or even death for drivers and passengers. If you or your loved one sustained injuries in a car accident in Austin, you could file for a settlement with the at-fault driver.
If you plan to take legal action, consider a consultation with an Austin passenger vehicle accident lawyer. 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.
Who to Hold Liable in the Car Accident
When seeking compensation for injuries in an auto accident, victims typically take legal action against the motorist who drove the other car. 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 brakes manufacturer responsible.
One of our Austin passenger vehicle accident lawyers can investigate your accident to determine which parties to hold liable for the crash. We help collect evidence such as:
- Police reports
- Dashcam footage or other available videos
- Eyewitness testimonies
- Medical records
For a free legal consultation with a passenger vehicle accidents lawyer serving Austin, call 877-239-4878
How You Can Recover Damages
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 more appropriate for you.
Winning an award can get you compensated for losses such as:
- Medical expenses: This category could include hospitalizations, medical procedures, and medications.
- Lost wages and business income: You could collect these damages if your injury prevented you from going to work or managing your business.
- Pain and suffering: You could receive compensation for the physical anguish and emotional trauma caused by the injury.
We also compile your expenses to estimate how much you could recover.
You Could File an Insurance Claim First
Texas auto insurance laws require Austin drivers to carry liability insurance. If the motorist caused an accident due to negligence, the coverage helps pay for the expenses their victims accrue, such as medical bills.
As such, you can file a liability claim with the at-fault driver’s auto insurance provider. If you disagree with the insurer’s initial offer, your Austin car accident lawyer can help negotiate further for you.
You could also file a claim with your health insurance company to help shoulder your injury-related costs.
When to Consider Filing a Lawsuit
In some instances, you might be unable to recover through an insurance claim. For example, the driver might have insufficient coverage or not carry any insurance. There might also be a dispute as to liability for the collision. You would have to file a personal injury lawsuit instead in these situations.
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. Your attorney can represent you during the proceedings and advise you on what to do.
Austin Passenger Vehicle Accident Lawyer Near Me 877-239-4878
How Comparative Fault Rules Work
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.
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Statute of Limitations for Austin Passenger Accident Lawsuits
Your injury lawsuit follows the same filing deadlines as other cases in Austin. Under Texas Civil Practice & Remedies Code § 16.003, you have up to two years to take your case 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.
Your Austin passenger vehicle accident lawyer can check for these tolling exceptions to determine how much time you have. They can also monitor how the case progresses to help you stay on schedule.
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Find Legal Assistance Today
If you or your loved one suffered injuries in an Austin auto accident, you could seek compensation from whoever caused the crash. Our Austin passenger vehicle accident lawyers are here to guide you throughout the settlement process and represent you at trial if necessary.
The law office of Loncar Lyon Jenkins has handled thousands of personal injury actions throughout Austin and statewide for over 30 years. Besides auto collisions, we also work in practice areas like dog bites, product defects, and construction accidents. Call us today or submit your accident details for a free evaluation.