Confident Support After A Car Accident
Every year, thousands of people are killed on Texas roadways. In fact, in 2021, Texas had more fatal car accidents than any other state. The Texas Department of Transportation (TxDOT) reports that 2021 was the second deadliest year for car accidents in Texas since 1940 when the TxDOT first began tracking fatalities. In 2021, 4,480 people were killed on Texas roadways. Thousands more were injured, some of them so seriously that their lives – and the lives of their loved ones – will never be the same.
We want you to have the best chance at retaining the best quality of life after such a tragic and traumatic event. If you or a loved one has been injured in a motor vehicle accident, our experienced accident claim lawyers at Kyle Law Firm are here to advocate for you. They promise to take the time to learn about your case, and they will work with experts to present the full extent of your injuries and obtain the compensation you deserve. Our attorneys have a proven track record of getting compensation for injured clients, including numerous substantial financial settlements.
Our lawyers are here to put their experience to good use, offering representation to the people in our community who have been injured in car accidents, trucking accidents, ATV crashes, motorcycle wrecks and crashes in construction zones. Call 830-620-9402 or contact us online to speak with an attorney for auto accidents and get a free case evaluation. We have offices in New Braunfels and San Marcos, and we serve clients throughout the region.
Filing Your Accident Claim May Be Challenging
Filing an auto injury claim is anything but a straightforward process. In most circumstances, an auto wreck attorney is crucial to getting the settlement you need to pay for medical expenses. If the death of a loved one is involved, matters become more complicated still.
Your claim might be denied in whole or in part for legitimate reasons, usually related to the coverage limits of your policy. When you receive the denial letter, it’s in your best interests to cross-reference it against your contract to be sure that it is correctly supported. Should you still feel that your claim has been unfairly denied, you can take it up in court with the counsel and representation of an automobile accident lawyer.
Accidents with more than one car involved are usually more complex. A driver’s license obliges the holder to drive with care and responsibility, an obligation legally called “proper lookout.” If you have been subjected to serious damages and feel that the other driver has been careless, then you may file a lawsuit against them. In that instance, it is of utmost importance to have legal advice and representation from an experienced car crash attorney.
What To Do After A Car Accident
What you do at the scene of the accident depends on whether you were severely injured and taken away in an ambulance or you were able to stay at the scene and wait for medical treatment. If you can stay at the scene, Texas car crash lawyers say you should do the following:
- Do not flee: No matter how serious it is, and even if you think that the accident was your fault or that your actions contributed to your car accident, you will face both criminal and civil penalties if you leave the scene of the accident. Consult a car accident defense attorney if you’re facing these penalties.
- Call the police: Texas law requires you to call the police if anyone is injured or killed in a car accident or if your vehicle is damaged to the extent that it cannot be “normally or safely driven away.” Be sure to write down the name and badge number of the officer who takes the report. This will help you get a copy of the police report once it has been prepared.
- Exchange important information: This means exchanging driver’s license numbers and insurance information of all drivers involved in the accident. Make sure to record the following from all drivers involved:
- Name of the insurance company and policy number
- License plate number
- Vehicle make and model
- Take notes about what happened: Describe the location of the accident, the time of day, the weather conditions and anything else that you can think of that seems relevant. If you question its relevance, err on the side of including too much information.
- Get witness statements, if possible: If there are witnesses, get their contact information and write down what they tell you about the accident. Include where they were located at the time so that you will later know what their view was of the accident.
- Do not make any admissions to anyone: Be careful what you say. Even if you think that you may have been partially at fault, you shouldn’t say it at this time. Even a simple statement may later be used against you. For example, you might say, “I didn’t see the car coming.” This may be interpreted against you as evidence that you were not paying attention, even if the reason that you didn’t see the car coming was that it rounded a corner and ran a red light.
- Take photographs if you can: Try and show the position of the cars, any skid marks, the damage to the vehicles and any road hazards.
- Get medical care: You should get checked out even if you don’t think you were injured. Some soft tissue injuries don’t show up until the next day or even a few days later. A car wreck lawyer can help you obtain compensation for any damages.
- Seek legal representation: You can obtain this from a New Braunfels car wreck attorney.
Damages In A Car Accident Claim
You may have heard the word “damages” thrown around in reference to personal injury cases. “Damages” means the amount of money that you will be able to collect from the driver who was at fault for your car accident. There is no one-size-fits-all damage calculator. Damages are available in three different categories: economic damages, noneconomic damages and punitive damages. A lawyer for accidents will help you calculate damages, but our attorneys will give you an overview of each category as well.
These are damages that can be mathematically calculated. They may include:
- Payment of all your medical bills, including all those that you have incurred to date and an estimated value of the ones that you are expected to incur in the future if you need ongoing medical care
- Lost wages due to time off work for treatment and recovery
- Wages you may lose in the future if you are unable to return to your work and have to take a job with lesser pay
- Income you will lose over your lifetime if you are unable to return to work and are permanently disabled
- Costs of retraining, if necessary, so you can return to some type of employment
- Physical rehabilitation costs if rehabilitation is necessary due to your injury
- Reimbursement for out-of-pocket costs you incurred when obtaining medical treatment, including gas or costs of overnight lodging and food if you have to travel for treatment
- Any other costs incurred due to the accident
Noneconomic damages compensate you for damages that are not possible to calculate. These damages include:
- Pain and suffering: Insurance companies have formulas they use to calculate the amount of pain and suffering for which you should be compensated based on the amount of your economic damages. These formulas are guidelines and are not carved in stone, and there are times when they just don’t work.
- Emotional distress: This includes post-traumatic stress disorder (PTSD). The burden is on you, the injured person, to prove that you suffer from emotional distress in addition to your pain and suffering.
- Loss of consortium or companionship: These are damages paid to your family members, your spouse or your children – loved ones who have experienced a loss in their relationship with you because of your injury.
- Disfigurement: This can also include injuries to your spine as well as brain injuries.
- Loss of enjoyment of life
Punitive damages are awarded for the purpose of punishing a defendant, usually for their intentional conduct. These damages are rare in a personal injury case that is based on negligence. If the person did not intentionally cause harm, then they are not punished for their behavior.
When car accident attorneys are proving fault for a car accident, a defendant can be found grossly negligent, and they may collect punitive damages. According to Texas law, “gross negligence” is defined as an action or inaction that “involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others,” and that the defendant acted or didn’t act despite being aware of the risk and “with conscious indifference to the rights, safety, or welfare of others.”
For instance, when a defendant has had way too much to drink but attempts to drive anyway and then slams into your car, you may be able to collect punitive damages in addition to economic and noneconomic damages. Bear in mind that the other driver can claim that you were also responsible for the accident, which may reduce the amount of your compensation or even leave you uncompensated altogether.
Proving Driver Liability
Under Texas’ proportionate responsibility law, whoever is at fault for the accident is the one who is liable for damages. That also means that if you are partially at fault, the amount of damages that you can collect will be reduced by the amount of fault that can be proportionally assigned to you. For example, if your damages come out to be $100,000 but you were also 30% at fault for the accident, your damages will be reduced by 30%. Instead of collecting $100,000, you will only receive $70,000. If you are 51% at fault for the accident, then you will collect nothing. Texas laws ensure that those involved share responsibility for car accidents.
Proving the liability of the other driver can be complex, especially if you or another passenger in the car you were driving suffered serious injuries. You’ll have to prove that they were sustained during the accident, which can be very difficult if you’re dealing with insurance companies on your own. Personal injury lawyers, however, are accustomed to this kind of process. Our lawyers will chart the shortest and most effective way to reach the desired end.
Types Of Car Accident Claims That Our Team Handles
If a car is involved in the accident, our New Braunfels vehicle accident lawyers at Kyle Law Firm can represent you and pursue damages on your behalf. They can support you in all types of accidents, including those involving:
- DUI drivers
- Pedestrians hit by cars
- Rear-end collisions
- Motorcycles and bicycles
- Semi trucks
- Defective vehicles
- School buses
- Distracted Driving
Our attorneys represent clients in all types of motor vehicle accident cases in and around New Braunfels, but there is a statute of limitations for car accident lawsuits in Texas. This means that you must file your lawsuit with the court within two years after the accident occurs. If you miss this date by even one day, you lose your right to collect damages for your injury forever.
Our Team Is Prepared To Help You
Our founding attorney, Matt Kyle, is board certified in personal injury trial law by the Texas Board of Legal Specialization. Fewer than 3% of Texas vehicle lawyers have this recognition in this area. Our team has in-depth knowledge of personal injury cases.
At Kyle Law Firm, our lawyers treat our clients like family. They provide aggressive representation as they guide your case through the legal system. They’ll meet with you for a free consultation where you can learn about our services and how our team plans to pursue your case. Our attorneys also provide you with information about the substantial financial settlements that they have won on behalf of our clients. They won’t charge you a dime for their legal services unless you win.