Auto/Truck/Motorcycle Accidents

Texas Accident Attorney

Our office has handled motor vehicle accident claims for over 25 years. 

When you are involved in a car accident, the first concern should be the health and safety of everyone in your vehicle.  You should attempt to get out of any further risk of injury if the accident leaves you in a vulnerable position.  In an injury accident, you should seek a police investigation of the accident. 
All motor vehicle accidents cause major concern and aggravation.  An injury producing motor vehicle accident can devastate your family, your ability to financially survive and cause a lifetime of physical disability and limitations.  Our office has experience in addressing each legal issue that may and frequently arises following an automobile accident. 

The major issues that our office considers when evaluating a motor vehicle accident claim are liability and damages.  The liability is based on negligence.  We make an independent evaluation of the fault of the accident.  Our office has handled multiple claims, even fatality claims, where the police investigation proved faulty, and we have been able to recover for our clients.  

The evaluation of liability includes securing the police investigation, photographs of the scene and vehicles, securing witnesses statements and at times seeking consultation with industry experts.   The evaluation of damages includes taking a look at all medical records, medical bills and many times involves obtaining reports from treating physicians to address future medical needs and future medical expense that may result from the injury received in the automobile accident. 

Damages that are normally recoverable in a motor vehicle accident in Texas include recovery for medical bills, both already incurred and those that may be necessary in the future, lost wages and lost wage earning capacity, damages for pain and suffering, damages for mental anguish, damages for physical impairment and damages for physical disfigurement.    

Some cases present facts that may enable our clients to seek recovery for exemplary damages.  Exemplary damages, or punitive damages, may be available.  Exemplary damages can be awarded by Texas courts when the behavior by the at fault party is so outrageous that Texas law allows for the award of monetary damages to punish or make an example of the outrageous behavior.  Cases that might allow for exemplary damages involve behavior that was consciously indifferent to the rights and safety of others.  A case that would include an evaluation for exemplary damages would be an accident caused by a drunk driver or a driver that was driving at an extremely high rate of speed. 

Insurance issues are present in most motor vehicle accident claims.  The liability coverage of the at fault driver is important to evaluate, as well as any other insurance attached to the at fault vehicle, such as the owner of the car if the driver is not the owner.  There can also be issues such as course and scope of employment if the driver of the owner was engaged in employment at the time of the collision.  A legal doctrine known as respondeat superior can make the employer liable for the negligent acts of an employee while in the course and scope of employment, and this can add another party or another insurance policy to the case evaluation. 

Some motor vehicle accidents may be caused in whole or part by factors that neither driver is responsible for, such as vehicle maintenance issues, roadway debris, roadway obstructions and other potential causes.  Our office will make an evaluation of all of the factors that may have been a cause of your accident. Under Texas law, there can be more than one cause of a motor vehicle accident that will allow for you to obtain a recovery against a responsible party.  

Your automobile insurance policy may also be important in our evaluation of your accident claim.  Underinsured and Uninsured motorist coverage may be applicable to your case.  Medical pay coverage and personal injury protection coverage may also offer you recovery for your loss.  

In some cases, the available insurance coverage of the at fault party is not adequate to pay for your damages.  An investigation as to whether or not the at fault driver has excess coverage or umbrella coverage may be necessary.  A case may require a lawsuit to ascertain the available insurance coverage. 

Frequently health insurance issues cause great concern and confusion when you are involved in a motor vehicle accident.  Health insurance carriers will usually seek subrogation relief when you are entitled to a recovery in a motor vehicle accident, and our office is experienced in negotiation with health insurance carriers to enable you to get a greater share of the ultimate monetary recovery when you are successful in obtaining a recovery in a motor vehicle accident claim.     

There are some cases where our clients do not have adequate means to seek medical treatment or get appropriate diagnosis for their injury.  In order to receive full compensation for your claim, it is important for your health to be adequately evaluated by an appropriate medical professional.  In the event our clients need assistance in obtaining appropriate medical treatment, diagnostic studies, prescription medication, physical therapy or other evaluation our office is experienced in addressing our client's needs in these situations. 

There are important legal deadlines that apply to injury claims in Texas, known as Statute of Limitations.  Once the deadline is reached, it may be impossible to obtain recovery for you even in catastrophic injury cases.   Many times the responsible parties to an accident are not apparent on the surface and it takes time to discover all of the responsible parties.  It is imperative to avoid missing a legal deadline to protect your claim.  When you contact our office regarding your claim, we will address all concerns and questions that you have regarding the time demands on bringing your motor vehicle accident claim in Texas.