Austin Car Accident Lawyers: Our Legal Advocates – Traub Law Office

The screeching of tires. The crunching of metal. The fear and the sudden moment of terror when you realize you and your passengers aren’t okay. If you’ve been involved in a Texas car accident, you know what this feels like all too well. Every year, Texas car accidents result in serious injuries. If you have been injured in an auto accident, let the Austin vehicle accident lawyers at The Traub Law Office, help you get compensation for your pain, suffering, and medical expenses.

No one should have to endure the hardships of being injured in an auto accident, but sadly many people are faced with such pain every day. Because the insurance agencies aren’t willing to give injured auto accident victims what they rightfully deserve as compensation for their injuries and resulting expenses, Austin car accident lawyers like those at The Traub Law office dedicate their professional careers to fighting such injustice. If you’ve been injured and feel you could benefit from the assistance of experienced Austin automotive accident lawyers, let us take some of the burden off your shoulders.

Essential Steps to Take After a Car Accident

1. Assess and Address Injuries: Immediately after an accident, it’s crucial to assess yourself and any passengers for injuries. Prioritize safety and health above all else. If there are any injuries, call emergency services right away to get the necessary medical attention.

2. Secure the Area: If the accident is minor and it’s safe to do so, try to move the vehicles to the side of the road to avoid causing further accidents and traffic congestion. Turn on your hazard lights to alert other drivers.

3. Contact Emergency Services: Even if the accident seems minor, it’s important to call the police. They will document the scene and create an official report, which can be vital for insurance claims and legal purposes.

4. Exchange Information: Swap contact and insurance information with the other drivers involved. Make sure to get their name, address, phone number, driver’s license number, license plate number, and insurance policy number.

5. Gather Evidence: Take photos of the accident scene, including all vehicles involved, any visible damage, and road conditions. This visual evidence can support your insurance claim or provide essential information for legal consultations.

6. Notify Your Insurance Company: Report the incident to your insurance company as soon as possible. Provide them with an honest and comprehensive account of the accident to kickstart the claims process.

7. Consult with a Car Accident Attorney: To ensure your rights are protected and to help navigate the complexities of legal claims, consider consulting with a car accident attorney.

8. Keep Records: Organize and maintain all documents related to the accident, including medical records, police reports, and any communication with your insurance. These records can be crucial in resolving insurance claims and legal issues effectively.

Taking these steps after a car accident can dramatically help in handling the aftermath with as little stress as possible. Remember, the right actions in the immediate aftermath can pave the way for a smoother recovery process.

Understanding the Importance of a Police Report After a Car Accident

Accidents can be disorienting, making it hard to remember details accurately. A police report acts as an authoritative reference of the event, capturing crucial details that you might forget over time. Here’s why it’s essential:

1. Documentation of Facts: A police report provides a neutral account of the accident’s circumstances. This is crucial as memory can fade or become biased, but the report will consistently reflect the situation as assessed by an officer at the scene.
2. Evidence for Claims: If you decide to pursue compensation for damages or injuries, a police report is invaluable. Insurance companies require solid evidence when processing claims, and a police report is a credible source that can substantiate your account of the incident.
3. Legal Protection: The report can be a critical piece in your defense if there are any disputes about who is at fault. It offers an immediate set of facts that can protect you from erroneous claims and help resolve disputes more efficiently.

Texas Auto Injury Law

Understanding Comparative Fault and Its Impact on Compensation in Texas Car Accidents

In Texas, the concept of “modified comparative fault” plays a crucial role in determining compensation after a car accident. This legal framework assesses the degree of fault of each party involved in an accident and adjusts compensation accordingly.

How Does Comparative Fault Work?

When an accident occurs, both parties may share some level of blame. Under Texas law, your share of the fault will directly influence the amount of compensation you can receive. For example, if you are involved in a car accident with damages totaling $100,000 and are found to be 30% responsible, your compensation would be reduced by 30%. This means you would only be eligible to receive $70,000.

The 51% Rule

It’s important to note that Texas employs a 51% bar rule in these cases. This rule states that if you are found to be 51% or more at fault for the accident, you are not eligible to receive any compensation from the other involved parties. This strict cutoff aims to ensure that more responsible parties cannot benefit from other individuals’ insurance coverage or personal assets.

The Role of Legal Assistance

Given the complexities of modified comparative fault, having the support of a skilled vehicle accident lawyer can be invaluable. A knowledgeable attorney will work diligently to present your case effectively, aiming to minimize your fault percentage and maximize your potential compensation. They will also safeguard you from potentially unjust fault determinations by insurance companies aiming to reduce their payout.

The law is supposed to be the great equalizer. The wealth of the insurance company or the poverty of the auto accident victim shouldn’t matter. Unfortunately, the courts are no longer equal or fair to the injured party. Even with one of the best Austin car accident lawyers, you’ll face laws that were changed in the last ten years with one goal in mind, to decrease your compensation and increase the insurance company’s savings.

Here are just two examples:

1) Insurance companies have in-house attorneys with names like Susan Florence & Associates or The Law Office of Gregory V. DeBernard (formerly The Law Offices of Kelly O’Connor). Why don’t the attorneys say they work for Allstate or USAA? Because the jury never gets to find out that the defendant has insurance and will pay the judgment. You don’t get to sue the insurance company, only the careless person, and so the fact that insurance is available will be hidden from the jury.

Why do insurance companies have in-house attorneys? To control costs. They pay them a fixed salary and don’t care if you file suit and go all the way to trial – the cost is the same to them.

2) You are better off having no insurance and arranging for funding for your treatment than if you have health insurance. Crazy but true. You would think the law would reward people for carrying health insurance and punish the person who carelessly hurt you. That used to be true, but not since 2003. Now, the careless person gets the discount your health insurance obtained for you – but in reality, the insurance company gets the benefit. This change alone has saved insurance companies billions of dollars.

What is the statute of limitations for filing an accident injury lawsuit in Texas?

In Texas, the timeframe for initiating an accident injury lawsuit is generally limited to two years from the date of the accident. This legal boundary is known as the statute of limitations. It’s crucial to meet this deadline if you intend to pursue compensation for damages sustained in an accident. However, certain conditions unique to your case could potentially alter this typical two-year rule. For this reason, consulting with a seasoned car accident attorney in Austin, Texas, can be pivotal. An attorney can provide tailored advice and ensure you adhere to the relevant timelines for your specific situation to protect your rights.

Why The Traub Law Office?

As an Austin car accident lawyer practicing in Austin, Texas for over two decades, I’ve had to help many people suffering through injuries, medical bills, lost income, and sometimes facing eviction and starvation because of how someone’s carelessness has now impacted their lives.

Unfortunately, auto accidents occur too often because someone is needlessly careless – distracted by their phone, child, or another passenger. Sometimes it’s worse – the driver is drunk or intoxicated or texting or reading a book. Other times, the driver is simply in a hurry and doesn’t realize that a several hundred-pound chunk of steel moving at high velocity has substantial force – it’s simply mass times velocity equals force – and tragedy can occur.

Many crash victims, especially those with neck injuries, have lifelong problems while a few lucky ones heal after a few months. In every case, vigorous fighting for our clients is involved which means not only knowing the law and the facts but being able to counter the medical doctors the insurance companies hire to try to make you out as a “lottery winner,” and keeping the jury focused on the truths and not the insurance defense lawyer lies.

Insurance companies are only interested in one thing – their profits. They see you as someone trying to decrease their profits. They don’t care if you were injured or how it has affected your life. They only care how they can get away with not paying you or how little they must pay. They only pay what you make them pay. It’s a zero-sum game to them, meaning someone has to win and someone has to lose. They’ll put those billions of dollars of insured’s money to make sure they win and not you.

How much do you charge for legal representation?

Our injury lawyers do not collect fees until we successfully resolve your case.

Retaining legal counsel with The Traub Law Office means there is no risk to you. Our Austin car accident lawyers work on contingency, meaning you will not pay any upfront costs or legal fees. If we successfully recover money for you, we will take our fees out of your settlement or judgment. You can also speak with your Austin car accident lawyers about help with medical bills.

If you were involved in an accident in Texas contact the Austin car accident lawyers at the Traub Law Office, P.C. today.

What areas does the firm serve in Central Texas?

While we can and do assist clients all over Texas, our firm caters to clients from a wide range of areas, including, but not limited to:

• Austin
• Waco
• Bastrop
• Cedar Park
• Leander
• Round Rock
• Georgetown

Out dedication to serving these communities underscores our commitment to helping neighbors and residents throughout Central Texas dealing with the aftermath of car accidents. If you are located in this region and have suffered from such an incident, we are readily available to assist.