Austin Car Accident Lawyer
100 Congress Avenue, Suite 2000
Austin, Texas 78701
Car accidents have become increasingly more common in our hectic world. Drivers who ignore important traffic laws or otherwise drive carelessly should be held responsible when they cause car accidents. If you have been involved in a car accident caused by someone else, you may have a claim for damages.
What type of driving behavior may constitute give rise to damages?
In order to be able to recover compensation from another driver in a car accident, you must be able to show that the other driver was at fault.
Following are some types of conduct which may be present in a case to demonstrate fault of a driver:
- Running stop signs
- Failure to use proper signals
- No lights
- Driving while intoxicated (alcohol, illegal drugs, and prescription drugs)
- Drowsy driver
- Texting while driving
- Driving too fast for weather conditions
- Failing to yield
- Improper lane changes
- Reckless driving
- Falling asleep at the wheel
- Failure to maintain lane
Anytime a driver fails to follow the law or otherwise demonstrates irresponsible behavior, there may be a basis to pursue a lawsuit for damages. An experienced attorney can help identify these types of issues.
What is the process for pursuing damages against a driver?
Compensation for damages, injury or loss sustained in a car accident can
be recovered through various methods. If the other driver had insurance,
then a settlement may be reached through negotiation with a claims adjuster.
If negotiation with an insurance company fails or the insurance is unwilling
to adequately compensate for all of the damages sustained, then a lawsuit
can be filed against the other driver.
When a lawsuit is pursued, a complaint is filed with the court against the other driver and any other responsible persons. The complaint sets forth the basic claim against the other driver and explains the damages being sought. Once a complaint is filed, it is served on the opposing party. The opposing party typically files a response to the complaint and sometimes may allege that the victim is at fault.
After the complaint and response are filed, the parties exchange information through the discovery process. An attorney can help you gather important information in the possession of the other party or other individuals. An attorney can also arrange to question the other party and witnesses. This will help secure important evidence that may be needed if the case proceeds to trial.
An attorney will help propose and analyze settlement offers. Experienced attorneys are familiar with the types of settlement offers which are fair and will adequately compensate you for your loss. If the case cannot be settled, then an attorney can pursue your case in a trial and present evidence to show why you are entitled to compensation.
What type of damages may be recovered?
Victims of car accidents can recover damages for any injury, damage or loss experienced as a result of the accident.
While every case is different and may give rise to different types of damages, the following are some damages which may be recovered:
- Medical expense reimbursement
- Towing costs
- Auto body damage
- Mechanical damage
- Pain and suffering
- Physical disfigurement
- Loss of enjoyment of life
- Emotional distress
- Lost wages
- Lost opportunities
- Funeral expenses (if applicable)
- Wrongful death
- Property damage
- Loss of consortium
- Travel expenses for medical treatment
An experienced attorney can review your situation and determine what types of damages may be applicable. Insurance companies will sometimes try to cheat victims out of fair settlements, so it is important to consult with an attorney before accepting any offers and waiving potential claims.
What should you do if involved in an accident?
If you are involved in a traffic accident and experience injuries, first seek medical attention. Make sure to get the identifying information of the other driver, such as their name, insurance information and license plate number. Try to gather as much information as possible at the scene of the accident, including the identities of any eye witnesses, photographs, and recordings. You may want to contact law enforcement to investigate the accident and document the situation. Police involvement is especially important if you suspect that the other driver may be intoxicated or involved in wrongful activity.
How the Doan Law Firm Can Help with your Car Accident Case
Choosing the right attorney to help with your car accident case can be a difficult decision. The attorneys at the Doan Law Firm have the experience and knowledge needed to help you with your case. These attorneys know the law and can assess the strengths and weaknesses of your case. They know the Austin area and the settlement amount you can expect to receive. Contact the Doan Law Firm for an appointment as soon as possible to learn more.
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