Why You Need an Experienced El Paso Car Accident Lawyer
Navigating the aftermath of a car accident can be a daunting task, especially when dealing with insurance companies, medical bills, and potential legal battles. This is where an experienced El Paso car accident lawyer becomes invaluable. They possess a deep understanding of local traffic laws and personal injury regulations, ensuring that your case is handled with the utmost expertise. An El Paso car accident lawyer can thoroughly investigate the circumstances surrounding your accident, gather crucial evidence, and build a compelling case to secure the compensation you deserve. Their experience in negotiating with insurance companies can help you avoid common pitfalls and maximize your settlement.
Statistics from the Federal Highway Administration (FHWA) indicate that there are 17,822,760 licensed drivers in Texas. The most recent El Paso County Health Indicators report stated that unintentional or accidental injuries are the leading cause of death among both youth and adults ages 1 to 44 in El Paso County, with motor vehicle accidents consistently being the first or second cause of death in every age group and any person who suffers injuries or loses a loved one in a car accident will want to hire an El Paso car accident lawyer.
According to the Texas Department of Transportation (TxDOT), 19,448 people sustained serious injuries in 15,764 serious injury crashes. The Insurance Institute for Highway Safety (IIHS) and Highway Loss Data Institute (HLDI) further reports that Texas had 3,874 motor vehicle crash deaths, including 2,368 urban crashes and 1,503 rural crashes.
Common Kinds of Car Accidents in Texas
Car crashes occur with alarming frequency throughout Lone Star State, but every single accident is different and will involve its own unique set of factors, ranging from the drivers involved to the vehicles to specific causes. Many severe accidents stem from the negligence of one motorist, although multiple people can be at fault in certain circumstances.
In general, some of the different types of car accidents, truck accidents, and 18-wheeler accidents may include, but are not limited to:
- Head-On Collisions
- Rear-End Collisions
- Side Impact or T-Bone Collisions
- Sideswipe Accidents
- Left or Right Turn Accidents
- Low-Speed Car Accidents
- Lane Change or Merging Accidents
- Single-Vehicle Accidents
- Multiple-Vehicle Accidents
- Rollover Accidents
- Highway Accidents
- Intersection Accidents
- Blind Spot Accidents
- Uninsured or Underinsured Accidents
- Hit and Run Accidents
- Work Zone or Highway Construction Crashes
- Uber, Lyft, or Rideshare Accidents
- Drunk Driving Accidents
- Fatal Car Crashes
- Bicycle Accidents
- Bus or truck Accidents
- Motorcycle Accidents
[Read: What Happens If Someone Hits Me in a Rental Car?]
Causes of Car Accidents in El Paso
Many people have immediate concerns about proving that another driver was at fault for their crash. As soon as you hire a lawyer, you will have somebody who knows how to secure the necessary evidence to help prove another driver was at fault.
Some people also have concerns about whether they might have been at fault for certain things they did before a collision occurred. You need to know that Texas does try to take into account that multiple people can share blame for accidents, and jury awards can thus be reduced depending on the percentage of negligence of a victim.
Texas Civil Practice and Remedies Code § 33.001 establishes that a person will be unable to recover any damages if their percentage of fault is greater than 50 percent, but in all other cases, awards can see a reduction by the degree of victim negligence such that a person who is awarded $100,000 but was 25 percent at fault will see their award reduced by $25,000 and recover $75,000. Some of the most common kinds of causes of car accidents in Texas can include, but are not limited to:
- Driving While Intoxicated (DWI)
- Speeding
- Reckless or Aggressive Driving
- Road Rage
- Distracted Driving
- Running Stop Signs or Stop Lights
- Drowsy Driving or Driver Fatigue
- Vehicle Defects
- Tailgating
- Failure to Yield Right of Way
- Improper Lane Changes or Turns
- Wrong-Way Driving
- Inclement Weather Conditions
- Potholes or Other Dangerous Road Conditions
- Tire Blowouts
[Read: The Most Common Causes Of Car Accidents]
Learn Your Rights After a Car Accident in El Paso
After a car accident in El Paso, Texas, it's crucial to understand your rights to ensure you receive fair compensation for your injuries and damages. One of the first steps you should take is to consult with an El Paso Car Accident Lawyer, who can guide you through the complex legal process. You have the right to seek compensation for medical expenses, lost wages, pain and suffering, and property damage resulting from the accident. Additionally, you are entitled to file a claim with your insurance company or pursue a lawsuit against the at-fault driver. It's important to gather evidence, such as photographs of the accident scene, witness statements, and medical records, to support your claim.
A skilled car accident lawyer in El Paso can help you navigate the often confusing aftermath of a collision. They will advocate on your behalf, negotiate with insurance companies, and ensure that your rights are protected throughout the legal process. An experienced attorney can also help determine the full extent of your damages, including future medical costs and long-term impacts on your quality of life. By working with a knowledgeable El Paso Car Accident Lawyer, you can increase your chances of receiving the compensation you deserve and focus on your recovery without the added stress of handling legal matters on your own.
Car Accident Injuries
Car crashes in Texas have the potential to result in significant injuries or, in some cases, no injuries whatsoever. People need to be aware that many injury symptoms can take time to develop, which is why it is so critical to always seek medical attention after any auto accident.
In many cases, people suffer injuries that will involve very long periods of hospitalization as well as many months or even years of rehabilitation. Such injuries not only affect an individual’s ability to return to work, but they can also simply impact their basic enjoyment of life and lead to numerous problems just when it comes to caring for themselves.
When you see a doctor after a car crash, they not only diagnose your condition and identify any possible lingering injuries, but they also create a medical record. The creation of the medical record will be critical in your ability to obtain financial compensation for your losses.
Some of the types of injuries stemming from car accidents can include:
- Back injuries
- Knee injuries
- Leg injuries
- Arm injuries
- Neck injuries
- Traumatic brain injuries (TBIs)
- Skull fractures
- Closed head injuries
- Spinal cord injuries
- Paralysis
- Burn injuries
- Whiplash
- Fractures or broken bones
- Contusions
- Concussions
- Lacerations
- Herniated discs
- Joint damage
- Sprains and strains
- Scarring
- Internal injuries
- Permanent nerve injuries
- Amputations
If a loved one dies in a car accident, you may be able to file a wrongful death claim. Under Texas Civil Practice and Remedies Code § 71.004, wrongful death actions are for the exclusive benefit of a surviving spouse, children, and parents of the deceased, although an executor or administrator of an estate can bring an action if none of those individuals begin an action within three months of the death of an injured individual and none of those parties request that the executor or administrator not bring an action.
Whether you suffer injuries or your loved one died in an auto accident, the statute of limitations is the same for both kinds of cases, as you will only have two years to take legal action. This time limit is important because you need to allow a lawyer adequate time to investigate your claim and develop a case, so you will want to seek legal counsel as soon as it is possible.
[Read: Injury Statistics in El Paso]
Common Mistakes to Avoid After a Car Accident
One common mistake to avoid after a car accident is failing to seek immediate medical attention. Even if you feel fine initially, some injuries may not manifest symptoms right away and could become serious if left untreated. Additionally, not calling the police or documenting the accident scene can undermine your ability to file a strong insurance claim or legal case later on. Another critical error is admitting fault or making statements that can be interpreted as an admission of guilt. It’s important to communicate carefully and stick to the facts when speaking to the other party involved or to the authorities. Finally, many people make the mistake of not consulting with a car accident lawyer promptly. Legal professionals can guide you through the complexities of filing claims and negotiating with insurance companies, ensuring that your rights are protected and that you receive fair compensation for any damages or injuries sustained.
Common mistakes people make after an accident include:
- Not Seeking Immediate Medical Attention
- Admitting Fault at the Scene
- Not Calling the Police
- Failing to Gather Evidence
- Talking to Insurance Adjusters Without Legal Advice
- Accepting the First Settlement Offer
- Neglecting to Report the Accident to Your Insurance Company
- Posting on Social Media
- Delaying Legal Action
Damages for El Paso Car Accidents
When considering compensation for a car accident claim, the term damages describes awards from juries or judges. Damages are generally economic or noneconomic in nature.
Economic damages refer to actual pecuniary losses that can be proven. Noneconomic damages are losses relating to physical or mental injuries that do not have predetermined financial values.
Economic damages:
- Medical Bills
- Lost Wages
- Property Damage
- Costs of Long-Term Care
- Physical Therapy Costs
- Rehabilitation Expenses
Noneconomic Damages:
- Loss of Enjoyment of Life
- Pain and Suffering
- Mental Anguish
- Emotional Distress
- Physical Limitations
- Disfigurement
Another kind of damage is punitive damages, also called exemplary damages in the Texas Civil Practice and Remedies Code. Such damages are only awarded as a penalty or punishment and are not supposed to be for compensatory purposes, so a punitive damage award will be to punish people for particularly reckless or egregious acts.
Punitive damages are rare, especially in car accident cases. Most cases will involve only economic and noneconomic damages.
Under Texas Civil Practice and Remedies Code § 41.003, exemplary damages are only awarded when you prove by clear and convincing that harm was the result of fraud, malice, or gross negligence. Furthermore, Texas Civil Practice and Remedies Code § 41.008 also limits how much a court can award for these damages. Your attorney can advise whether your case might warrant this type of financial recovery.
[Read: What is Car Accident Compensation?]
Our Car Accident Lawyers in El Paso Seek The Best Settlement Against Insurance Company
Insurance companies do whatever they can to avoid having to pay any damages in a car accident case, and they are especially resistant to going to trial. This frequently means that most car accident cases reach resolutions through settlements.
You should be aware that if you were involved in a car accident, an insurance company could very well contact you and extend a settlement offer to close your case. Even when the amount being offered sounds generous, you need to strongly think about whether the amount is actually going to be enough to cover all of your past, present, and future expenses, because chances are it will not.
It is generally best for you to simply avoid speaking to another driver’s insurer until you have legal representation. Many insurance companies will claim that they need recorded statements to proceed with handling your case, or you could face requests to sign certain paperwork.
Do not offer any recorded statements, and do not sign anything without first having an attorney with you. Insurance companies use recorded statements to try and get victims to make damaging statements that may be later excuses to reduce the value of their cases or deny claims entirely.
Call Us Today to Schedule a Free Consultation with an El Paso Car Accident Lawyer
Did you or your loved one sustain severe injuries in a car accident in the greater El Paso area? Cesar Ornelas Injury Law will be able to fight to make sure that you are able to recover every single dollar you are entitled to, and we can handle all of the insurance company headaches for you.
Our firm will immediately commence a thorough independent investigation into your crash and work to make sure that we recover every piece of evidence we will need to prove your claims. You can call us at (855) 930-1149 or (210) 957-2103, or you can contact us online to schedule a free consultation so we can fully review your case and answer whatever legal questions you might have.
Answers to your most commonly asked questions
