Auto Accident Attorney

Attorneys Helping the People of Texas

Every year in the United States, around 2.5 million rear-end collisions are reported. Any number of factors can lead to a rear impact crash, including distracted driving, tailgating and poor weather conditions.

Even at slow speeds, a rear-end car accident can lead to serious injuries. The impact of being struck from behind causes the driver or passenger to rapidly and unexpectedly pitch forward, which can cause spinal injuries, whiplash or even a concussion. Free Consultation

While even the safest drivers cannot prevent all car accidents, there are steps that we can take to reduce the chances of being involved in a rear impact car accident. Protect yourself, your loved ones and your vehicle by being a defensive driver and following these tips to help avoid rear-end car accidents: Free Consultation

  • Begin to brake well in advance of your need to stop to alert the driver behind you that traffic is slowing, which gives them more time to react.
  • Avoid braking abruptly. Rather than slamming on your brakes to try to catch a missed turn, it is much safer to drive past it and turn around.
  • Exercise caution when pulling out in front of moving traffic. Wait for a sufficient break between cars.
  • Never tailgate other drivers. Always maintain a safe distance between your car and the vehicle ahead of you.
  • Pay attention to the traffic down the road, not just the car directly ahead of you. That way you will be alerted to traffic coming to a stop.
  • Give driving your full attention. Never drive distracted, such as driving while eating, talking on a cellphone or texting.

If you have been injured in a rear end collision caused by someone else’s negligence, contact a personal injury attorney today for legal advice.

A catastrophic injury is an extremely severe injury typically characterized by the loss of the use of a bodily system or function. A person who suffers a catastrophic injury may have to undergo multiple surgeries, rehabilitation, lengthy hospital stays and full-time nursing/assistive care. Sometimes a person with a catastrophic injury never fully recovers and may even face a shortened life expectancy. Free Consultation

Examples of catastrophic injuries include:

  • Traumatic brain injuries
  • Severe burns
  • Amputations
  • Paralysis
  • Spinal cord injuries
  • Paraplegia
  • Quadriplegia

Individuals who have suffered a catastrophic injury have far greater long-term medical needs than those who have suffered a less severe injury. A person who has suffered a catastrophic injury will likely have to manage the injury on a daily basis. Often treatment will require an entire team of healthcare professionals providing care. Free Consultation

It is important that you seek the immediate counsel of a qualified personal injury attorney because you do not want to make the mistake of settling too early. The long-term effects of a catastrophic injury may not be immediately apparent. The consequences of an injury can take months or years to manifest. That is why you want to be cautious about settling for an amount of money that will ultimately prove insufficient to cover your medical expenses. Free Consultation

If you have suffered a catastrophic injury due to someone else’s negligent actions, you may be entitled to damages for:

  • Medical expenses
  • Lost wages
  • Loss of future earnings
  • Pain and suffering
  • Mental anguish
  • Loss of enjoyment of life
  • Disability
  • Disfigurement

The 5 most important things to do after a car accident in Texas

To preserve your right to bring a personal injury claim if you have been involved in a car accident in Texas, there are 5 important steps you should take:

  • 1. Call police to the scene of the accident: An accident report is critical evidence that can be used to support your Texas personal injury claim. You should call the police even if you believe the accident was “minor.” Severe injuries and serious damage to your vehicle may not become apparent until days or even weeks after the accident has occurred. Bringing police to the scene of your Texas car accident guarantees that there will be an official record of how the accident occurred, who was involved and any witnesses that may have been present.
  • 2. Gather as much information as possible: Again, even a seemingly minor accident can have major consequences. Before you leave the scene of the accident, gather as much evidence as you possibly can. You need all of the other driver’s contact information, including their insurance information, as well as the contact information for witnesses. Take lots of pictures of both your injuries and the damage to your vehicle before you have your vehicle repaired.
  • 3. Get immediate medical attention: To prove your personal injury claim, you need documented records of the pain and injuries you have suffered as a result of the car accident in Texas. If you believe that you were injured in any way at all because of the car accident, seek immediate medical attention. It’s in your best interest not to try to “tough it out,” but rather to get an official, professional opinion about your condition.
  • 4. Never admit fault: The other driver’s insurance company will attempt to use your words against you if you later bring a personal injury claim. Regardless of the circumstances surrounding the accident, do not admit fault to anyone. Only speak to the other driver as much as necessary to exchange contact information.
  • 5. Seek the advice of an experienced Texas personal injury attorney: Your Texas personal injury lawyer is there to represent your interests – and your interests alone. By having your case evaluated by a Texas personal injury attorney, you can be sure that you are receiving a fair settlement offer for your claim. If no settlement agreement can be reached, then your attorney can take your Texas personal injury lawsuit to court.

Texas Financial Responsibility Law: Car insurance requirements

Under Texas law, any person who drives in Texas must be able to pay for the car accidents they cause. The vast majority of drivers in Texas meet the financial responsibility requirement by purchasing automobile liability insurance. If you are in a car accident, your liability insurance will cover the cost of repairing or replacing the other driver’s vehicle. It will also pay the medical expenses for the driver or other people injured in the accident.

The minimum amount of liability insurance coverage required to satisfy the Texas Financial Responsibility Law is $25,000 for each injured person, up to a total of $50,000 per accident and $25,000 for property damage. Note that these requirements are set to increase on January 1, 2011. The new minimum requirements will be $30,000 for each injured person, up to a total of $60,000 per accident and $25,000 for property damage.

Texas law requires that you provide proof of financial responsibility in the following situations:

  • When registering a vehicle or renewing your vehicle’s registration
  • When obtaining or renewing your driver’s license
  • When you are asked for it by a law enforcement officer during a traffic stop or at the time of an accident

In Texas, approximately 20% of the motor vehicles on the roads have no insurance coverage – that’s equal to one out of every five cars. Driving without the proper insurance in Texas is a bad idea. If you are caught driving without adequate liability insurance coverage, you could face hundreds of dollars in fines and even a suspension of your license.

For helpful information on shopping for car insurance in Texas, visit the Texas Department of Insurance website.

Driver responsibilities under Texas car accident law

When you choose to get behind the wheel of a motor vehicle and drive, you are taking on certain responsibilities.

Texas law requires you to exercise reasonable care when driving to avoid harming others. A person who fails to fulfill this responsibility may be found negligent and be held legally and financially responsible for the injuries and damage they caused as a result of that negligence.

In Texas, one of the most important driver responsibilities is the duty to maintain a “proper lookout.”

“Proper lookout” is a term used to describe a driver’s responsibility to intelligently and carefully observe the road, other motorists and their general surroundings while driving. As a driver, you have a duty to take reasonable steps to avoid car accidents.

The proper lookout standard is used by Texas courts to help determine who is at fault for a car accident.

Other driver responsibilities include:

  • Driving at a reasonable speed for the current conditions
  • Keeping your car in good repair and working order
  • Maintaining control of your vehicle

If you have been injured in a car accident caused by a negligent driver, you should seek the immediate advice of a qualified Texas personal injury attorney. At Fears | Nachawati, we provide free legal advice to car accident victims. Free Consultation

What not to do after a car accident

After a car accident, what you don’t do can be just as important as what you do. Protect yourself and preserve your legal rights by heeding these 5 Car Accident Don’ts.

  • 1. Don’t make small talk with the insurance adjuster: When speaking with an insurance adjuster, whether they’re from your insurance company or the other driver’s insurance company, be strictly business. Stick to the facts. Otherwise you could make an off-hand remark that the insurance adjuster may try to use against you as a reason to reject your claim.
  • 2. Don’t give a recorded statement to the insurance adjuster: The insurance company must ask for your permission to record your statement. Politely decline to make a recorded statement. It is in your best interest to provide a written statement that you have time to carefully prepare. When you are forced to answer questions on the fly, it can be easy to become flustered and make a mistake in recounting the facts.
  • 3. Don’t sign a medical release: While the insurance company will need medical records that are pertinent to the injuries you suffered in the accident, they will often ask you to sign a general medical release that would give them access to your entire medical history. You have the right to protect your privacy and to agree only to release medical documents that are relevant to your claim.
  • 4. Don’t apologize: Never say you’re sorry or admit fault at the scene of a car accident. These statements can be used against you when liability for the accident is being determined.
  • 5. Don’t assume the damage to your car is minor or insignificant: After a car accident, a driver may see only a few small scratches on their vehicle and come to the conclusion that they don’t need to bother with obtaining the other driver’s insurance information. Be aware that structural damage to your vehicle may not be readily visible, so you should always operate under the assumption that you are going to file a claim.

If you have been injured in a car accident, one of the biggest Do’s is to contact a personal injury lawyer as soon as possible. Your personal injury attorney will help you take the proper steps to ensure that you receive fair compensation for your injuries.

Although most Texans will be involved in an automobile accident during their lifetime, car accidents don’t happen to you every day. After the initial shock of what has happened and you begin your slow physical and emotional recovery from the crash, it’s hard to know how to act or who to trust in a situation that is largely unfamiliar to you. Free Consultation

There’s no guide to follow or clear direction on what to do. You find yourself not only struggling financially in the wake of your life-changing car crash, but also completely unknowing of the process that comes next. When you get into a serious car accident that has physical repercussions, you ask yourself, “What do I do next? What steps to I take to make things right?” Free Consultation

On the other hand, insurance companies deal with car accidents every single day. They have built their industry on preventing people like you from getting the support and compensation that they deserve – and they have made avoiding payments to injured customers into an intricate art. It is easy for them to use confusing jargon, to play games, to delay your case, even to fall back on utilizing deceit, threats, and coercion. Free Consultation

It does not matter to insurance companies that you suffered from whiplash or broken bones due to someone else’s negligence on the highway. It does not even matter to insurance companies that you or a family member suffered a debilitating spinal cord injury or brain injury in an auto accident. Simply put, they would not have a successful business if they had to help all of their customers. They are on a mission to prevent you from seeking justice and monetary compensation from your accident – and after decades of successfully thwarted cases, they excel at it. Free Consultation

At Fears | Nachawati, though, we also deal with car accidents and personal injury cases on a daily basis. Even though this might be your first experience coping in the wake of a serious automobile accident caused by the carelessness of someone else, chances are that we’ve seen many cases similar to yours and understand what you are feeling and going through. More than that, we understand the games that insurance companies play and the tactics that they use in order to deter you from pursuing your case to the full extent of the law. Free Consultation

Just as it’s their business to prevent you from claiming your rightful compensation, it’s our business to make sure that your case is treated with fairness and respect and that you recover the money you need and deserve to pay your hospital bills and make up for your lost wages.

According to the National Highway Traffic Administration, there were almost 3,500 fatal car accidents in Texas alone in 2006– an average of around ten people die in auto accidents every single day. And while accident rates are dropping due to advances in automobile safety such as airbags, seatbelts, and on-board technology, there are still many fatalities and serious injuries. These deaths and personal injuries are preventable and often caused by human error or carelessness: 1,810 fatalities were due to alcohol-related events alone and 1,580 fatalities were due to speeding. Free Consultation

In an ideal world, the people involved in these accidents would seek help, find justice, and therefore prevent the negligent party from causing similar harm to another Texan family. However, many people don’t know how to react or who to talk to when their life is affected by a car accident. Free Consultation

With offices in Austin, Dallas, Houston, Fort Worth, and San Antonio, Fears | Nachawati is well equipped to help you fight for what you deserve. We serve the regions in Texas where car accidents from personal injuries affect people most – the following are the leading Texas counties in automobile accidents, injuries, and fatalities:

  • Harris County (Houston)
  • Dallas County (Dallas)
  • Tarrant County (Fort Worth)
  • Bexar County (San Antonio)
  • Travis County (Austin)

We will be able to help you overcome common obstacles that people face after a car accident resulting in personal injury.

For example, if you are in a subrogation dispute with your insurance company in which the company attempts to collect payments made on your behalf, our firm will be able to represent you and your case armed with the knowledge of state and federal laws and with our well-studied negotiation skills. Free Consultation

As another example, we will be able to aid you in collecting personal injury protection (PIP) benefits, which cover your medical expenses and lost wages following a serious automobile accident. These benefits are often part of your general insurance coverage but are also often rejected by the company for a variety of reasons. Free Consultation

Even if you are not sure if your specific auto accident situation requires action, there is no reason why you shouldn’t call us and find out. Don’t continue to wonder whether or not your insurance company is holding back from you, and don’t continue to struggle financially in the months and years following an accident that wasn’t even your fault. Free Consultation

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