Car Accident Lawyer in El Paso
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.
- 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
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)
- Reckless or Aggressive Driving
- Road Rage
- Distracted Driving
- Running Stop Signs or Stop Lights
- Drowsy Driving or Driver Fatigue
- Vehicle Defects
- 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
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
- Burn injuries
- Fractures or broken bones
- Herniated discs
- Joint damage
- Sprains and strains
- Internal injuries
- Permanent nerve injuries
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.
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.
- Medical Bills
- Lost Wages
- Property Damage
- Costs of Long-Term Care
- Physical Therapy Costs
- Rehabilitation Expenses
- Loss of Enjoyment of Life
- Pain and Suffering
- Mental Anguish
- Emotional Distress
- Physical Limitations
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.
Our Car Accident Lawyer 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.