Car accidents are a leading cause of injuries and fatalities in the state of Texas.
To be sure, the Texas Department of Transportation reports that in our state, there was one person killed in a car accident every one hour, 21 minutes, and with one person injured every one minute, four seconds.
These statistics are both unbelievable and unacceptable. At the law offices of Flores, Tawney & Acosta, P.C., our El Paso car accident lawyers are passionate about helping car accident victims understand their rights and options for recovering compensation after a serious crash. Please call our law firm today for the free, critical information you need about what steps to take next.
Causes and Types of Car Accidents
No two car accidents are exactly the same, but they often involve similar acts of negligence. Indeed, some of the most common causes of car accidents in El Paso include:
- Texting while driving;
- Using a handheld device while behind the wheel;
- Aggressive driving;
- Distracted driving;
- Illegal lane changes;
- Running a red light or stop sign;
- Failing to yield;
- Following too closely; and
- Otherwise breaching traffic safety laws.
These actions can have serious consequences for drivers and their passengers. The above acts of negligence can lead to tragic crashes, including:
- Head-on collisions, which are the deadliest car accident type;
- T-bone accidents, which often occur at intersections and may have tragic consequences;
- Side-swipe accidents, which happen when drivers aren’t paying attention when changing lanes;
- Rollover accidents, which can involve single or multiple vehicles; and
- Rear-end crashes, which are often dismissed as insignificant, but can lead to serious–and even deadly–injuries in some cases.
Our El Paso car accident attorneys have experience representing clients involved in all of the above accident types. Look to our lawyers and their history of success in managing car accident cases.
Car Accident Damages – Losses from a Serious Auto Accident Can Be Severe
The initial impact of a car accident can be traumatizing. It can lead to anxiety and post-traumatic stress disorder for the victim for years to come.
Car accidents can lead to various damage types, leaving victims with:
- High medical bills. Even minor injuries can be expensive to treat under our current system of healthcare; expensive injuries may cost tens of thousands, or hundreds of thousands, of dollars.
- Property damage costs. If you’ve been in a serious car accident, your vehicle has likely been severely damaged or totaled. This may mean thousands of dollars in repair costs.
- Lost wages. If you are seriously injured, returning to work right now or in the near future–or perhaps ever depending upon the extent of your disabilities–may not be a possibility. This means lost wages, benefits, and loss of earning capacity, a strain that can put a lot of financial pressure on your family and raise questions about how you’ll support yourself and your loved ones as you recover.
- Pain and suffering. The losses suffered in a car accident are not purely economic in nature, but noneconomic too. Pain, suffering, diminished quality of life, and more are all damages for which you deserve to be compensated.
Who Pays for Damages after a Crash?
One of the most complicated elements of the post-car accident process is not just determining what types of damages you have suffered and their value, but determining who should pay for these losses and against whom you should file a claim.
Texas maintains an at-fault system of liability following a car crash, which means that drivers are responsible for paying for the accidents that they cause.
As such, after a crash, an injured party maintains the right to turn to their own insurance company for damages (under policies such as Personal Injury Protection coverage), to file a claim against the at-fault driver’s liability insurance, or to file a lawsuit directly against the responsible driver.
In order to recoup damages from the other driver or/and their insurance, an injured party will need to establish and prove fault. A successful claim is based on the establishment of four important elements:
- Duty of care. You must prove that the other driver owed you a duty of care (the duty to operate their vehicle in a safe and responsible manner);
- Breach of duty of care. You must prove that the other driver breached the duty of care owed to you;
- Causation. It must be established that your car accident would not have occurred but for the breach of the duty of care; and
- Damages. You must prove the extent of damages you have suffered, including both economic and noneconomic losses.
Depending upon the nature of your car accident, you may need various types of evidence in order to establish the above. Our lawyers can work with you to gather eyewitness testimony, photographic evidence, cellphone logs, event data recorder information, and other critical evidence types.
The Settlement Process
One mistake that many car accident victims make is assuming that they must accept a settlement amount if one is offered or miss out on the opportunity of recovering damages.
However, this is not the case; when a settlement is offered by an insurance company, you have the right to thoroughly review it and reject it if it does not offer you compensation for the full extent of losses you have suffered. Following the rejection of a settlement, you also maintain the right to demand a different compensation amount and negotiate with an insurance adjuster until a fair settlement is reached.
If you cannot reach a settlement, you maintain the right to file a lawsuit to recover compensation.
Our El Paso Car Accident Attorneys Can Help
Following a car accident, we strongly recommend calling an El Paso car accident attorney as soon as possible.
Not only is the clock on the statute of limitations ticking, but the sooner you act, the easier it will be to collect evidence that is essential to your case.
An El Paso car accident lawyer will advocate for you throughout the claim process and ensure that our best interests are protected. An experienced attorney will know what your claim is worth and how to prove it.
To schedule a free consultation with our law firm following a serious El Paso car accident, please call us directly or send us a message online. We are here to answer all of the questions you have about recovering damages.