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.

Car accidents cause pain and hardship. Many people suffer daily. Insurance companies often underpay victims. They don’t offer fair compensation. Austin car accident lawyers fight this injustice. The Traub Law Office is dedicated to this cause. We help injured victims. Our experienced lawyers can ease your burden. If you’re hurt, we’re here to help. Let us handle your case. We’ll fight for your rights.

Essential Steps to Take After a Car Accident

1. Check for injuries: Safety comes first. Assess yourself and others. Call for medical help if needed.
2. Move to safety: If possible, clear the road. Prevent further accidents. Use hazard lights to warn others.
3. Call the police: Always involve law enforcement. Their report is crucial for insurance and legal purposes.
4. Exchange information: Get details from all involved parties. This helps with insurance claims and legal processes.
5. Take photos: Document everything. Pictures provide solid evidence for your case.
6. Notify insurance: Report the accident promptly. Be truthful about what happened.
7. Consult an attorney: Legal advice can protect your rights. Lawyers understand complex accident laws.
8. Keep records: Save all accident-related documents. These support your case and aid in fair compensation.

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:

• Documentation of Facts: Police reports offer neutral accounts. They capture details you might forget. Officers record the scene objectively.
• Evidence for Claims: These reports support insurance claims. They provide credible evidence. Insurance companies value official reports.
• Legal Protection: Police reports help in fault disputes. They offer immediate facts. They can defend against false claims.
• Accurate Information: Officers are trained observers. They note important details. Their reports are considered reliable.
• Time-Stamped Record: Reports provide a timeline. They show when the accident occurred. This can be important for legal purposes.
• Contact Information: Reports include details of all parties involved. This helps with follow-up communication.

Each aspect of a police report is valuable. They support your case. They help ensure fair treatment.

Texas Auto Injury Law

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

Texas uses “modified comparative fault” for car accident compensation. This system looks at each party’s fault level. It then adjusts compensation based on these levels.

How Comparative Fault Works?

In an accident, both parties may share blame. Texas law considers your fault percentage. This directly affects your compensation amount. Let’s say an accident has $100,000 in damages. If you’re 30% at fault, your compensation drops by 30%. You’d receive $70,000.

The 51% Rule

Texas has a 51% bar rule. This rule is important. If you’re 51% or more at fault, you get no compensation. This rule is strict. It stops more responsible parties from benefiting. They can’t claim from others’ insurance or assets.

This approach aims for fairness. It considers each party’s role in the accident. It also encourages safer driving habits.

The Role of Legal Assistance

Modified comparative fault is complex. A skilled car accident lawyer can help. They can present your case effectively. Their goal is to lower your fault percentage. This can increase your compensation.

Insurance companies may try to assign you more fault. They do this to reduce their payout. A good lawyer can protect you from this. They know how to challenge unfair fault determinations.

The law should be fair to everyone. Your wealth or lack of it shouldn’t matter. But courts aren’t always fair to injured parties. Laws have changed in the last ten years. These changes often favor insurance companies. They aim to reduce victim compensation. Even with a top Austin car accident lawyer, you’ll face challenges. The system now tends to save money for insurance companies. It often does this at the expense of accident victims.

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.

For more information on auto insurance requirements in Texas, visit the Texas Department of Insurance’s official guide.

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.

Frequently Asked Questions About Car Accidents in Austin

Navigating the aftermath of a car accident can be challenging. Here are some common questions and answers to help clarify the process.

What types of damages can I claim after a car accident in Texas?

In Texas, you may be eligible to claim two primary types of damages: compensatory (which includes both economic and non-economic damages) and, in rare cases, exemplary (also known as punitive) damages.

1. Compensatory Damages: a) Economic Damages: These cover quantifiable costs such as medical expenses (both current and future), lost wages, property damage, and other out-of-pocket expenses related to the accident. b) Non-economic Damages: These address intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
2. Exemplary (Punitive) Damages: These are rarely awarded and only in cases where the defendant’s actions were fraudulent, malicious, or grossly negligent.

Is it necessary to hire a lawyer if the insurance company has offered a settlement?

While not mandatory, hiring an attorney can be beneficial, especially for complex cases or severe injuries. An experienced lawyer can:

1. Evaluate the fairness of the settlement offer
2. Negotiate with the insurance company to potentially increase compensation
3. Ensure all damages are properly accounted for
4. Guide you through the legal process and protect your rights
5. Represent you in court if a lawsuit becomes necessary

Keep in mind that insurance companies often aim to minimize payouts. An attorney can help ensure you receive fair compensation for your injuries and losses.

It’s important to note that Texas follows a modified comparative fault rule, meaning your compensation may be reduced by your percentage of fault in the accident. If you’re found to be more than 50% at fault, you may not be able to recover damages.

For personalized guidance based on your specific situation, it’s advisable to consult with a local legal expert specializing in car accident cases.

Do Damage Caps Apply to Car Accident Cases in Texas?

In Texas, damage caps are legal limitations on the amount of compensation one can receive for specific types of damages. However, when it comes to standard car accidents, these caps generally do not apply. Let’s break down where damage caps do come into play:

Medical Malpractice: In cases involving medical errors or negligence, economic damages, such as medical expenses and lost wages, are not limited. However, noneconomic damages like pain and suffering are capped. The cap is set at $250,000 per claimant for a single healthcare provider or institution. If multiple institutions are involved, the total cap for all institutions combined is $500,000. The overall maximum cap for noneconomic damages in medical malpractice cases is $750,000.

Government Entities: If a government employee or entity is involved in an incident, the Texas Tort Claims Act limits recovery. The cap is $250,000 per person and $500,000 per incident for claims against state government entities. For local government entities, the limits are $100,000 per person and $300,000 per incident.

Punitive Damages: These are designed to punish particularly reckless behavior. In Texas, punitive damages are capped at the greater of: a) $200,000, or b) Twice the amount of economic damages plus the amount of noneconomic damages found by the jury, up to a maximum of $750,000.

For most personal injury claims, including those arising from car accidents, Texas does not impose these specific statutory caps. Therefore, individuals can potentially recover more extensive damages based on the specifics of their case, without the constraints of these statutory limits.

It’s important to note, however, that while there are no specific caps for car accident cases, the amount of compensation can still be limited by factors such as available insurance coverage and the defendant’s ability to pay. Additionally, Texas follows a modified comparative fault rule, which can reduce the amount of damages a plaintiff can recover based on their percentage of fault in the accident.

Always consult with a qualified attorney for the most up-to-date and case-specific legal advice, as laws and their interpretations can change over time.

Choosing the Right Car Accident Lawyer in Austin

Selecting an appropriate car accident lawyer in Austin is crucial for ensuring effective representation. Here’s how to make an informed decision:

1. Seek Recommendations and Research Start by asking for referrals from trusted sources like friends, family, or colleagues who have experience with car accident cases. Additionally, research online reviews and ratings from reputable sources. The State Bar of Texas website can provide information on an attorney’s standing and any disciplinary history.
2. Evaluate Experience and Specialization Look for attorneys who specialize in car accident cases and have a proven track record in Texas. Experience with local courts, judges, and insurance companies in Austin can be particularly valuable. Ask about their success rate with cases similar to yours.
3. Understand Fee Structures Most car accident lawyers in Austin work on a contingency fee basis. This means they only get paid if you win your case. Typically, the fee is a percentage of the settlement or award, often ranging from 33% to 40%. Be sure to discuss and understand all potential costs, including court fees and expert witness fees, before signing any agreement.
4. Assess Legal Resources and Capabilities Ensure the lawyer or firm has adequate resources to handle your case effectively. This includes support staff, access to expert witnesses, and the ability to front costs for a potentially lengthy legal process.
5. Consider Courtroom Experience While many cases settle out of court, choose a lawyer who is also experienced in trial litigation. This ensures you’re prepared if your case goes to trial and can strengthen your position during negotiations.
6. Evaluate Communication Style Choose a lawyer who communicates clearly and keeps you informed. During your initial consultation, assess how well they explain legal concepts and whether they’re responsive to your questions.
7. Verify Credentials Confirm that the lawyer is licensed to practice in Texas and check for any additional certifications or accolades in personal injury law.
8. Trust Your Instincts After meeting with a potential lawyer, reflect on whether you feel comfortable with them. A good working relationship is crucial for the success of your case.
9. Consider Location While not absolutely necessary, a lawyer familiar with Austin’s local laws and court systems can be advantageous.
10. Discuss Case Strategy Ask potential lawyers about their approach to your case. A good lawyer should be able to provide a general strategy and timeline for your specific situation.

By following these steps, you can find a car accident lawyer in Austin who not only has the necessary expertise but also aligns with your personal needs and communication style. Remember, the right lawyer can significantly impact the outcome of your case, so take the time to make an informed decision.

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.