Austin Car Accident Lawyer

Have you or a loved one been injured in a car accident in the Austin area?

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Did you know that traffic deaths in the city of Austin hit a four-year high in the year 2019?

Car accidents are serious and can have tragic consequences for victims and their families. The sad reality is that car accidents are unbelievably common on Texas roads, with some experts estimating that a car accident occurs approximately every 71 seconds in our state.

Car accident survivors are often left with devastating physical injuries and emotional scars, along with mounting medical and auto bills that can wreak economic havoc for years. Further, the thousands of families who lose loved ones due to car accidents face a lifetime of grief, sadness, and mourning.

If you or a loved one has been harmed in a car accident in Austin, we urge you to contact our team of qualified car accident lawyers today – you may be entitled to compensation that can help you rebuild and recover.

We have dedicated our careers to fighting on behalf of car accident victims and want to fight for you as well.

Pedestrian Injuries and Deaths

Drivers and motorists are not the only ones at risk on our roads. Pedestrians are regularly harmed, injured, and killed in car accidents by reckless, negligent, and careless drivers. This issue has become an immense public safety threat within the city of Austin- in the year 2019, 41% of those killed in traffic accidents were pedestrians. If you or a loved one has been injured as a pedestrian involved in a car accident, you may be able to recover damages for your suffering.

These damages may be recovered not only from the driver of the car that hit you, but also potentially from the county or municipality where the accident took place if unsafe road or traffic conditions were to blame for your accident. It is important for all pedestrians harmed in car accidents within the city of Austin to contact a qualified attorney to help evaluate their case and determine appropriate legal action.

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If you or a loved one has a related case, please fill out the form below to schedule a call.

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Jarrett L. Ellzey Attorney at Law
Ellzey & Associates, PLLC
Austin, TX
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The Truth About Car Accidents

The depressing truth about car accidents is that most are preventable and stem from errors, mistakes, or negligence on the part of drivers, other motorists, and/or pedestrians. This means that most survivors may have been spared the trauma of being involved in a car accident had the responsible party acted in a more appropriate manner or exercised additional caution. The same goes for families mourning the loss of a loved one due to a car accident; in many situations, their pain and the loss of life may have been unnecessary, unjust, and preventable.

Car accidents are often caused by driver impairment. In fact, impaired driving is a contributing factor in more than half of all car crashes and in the year 2015, played a role in 65% of fatal car accidents in Austin. It is a common misconception that impaired driving is defined only as driving under the influence of alcohol, illegal drugs, or legal medication. While this type of impaired driving is frighteningly common and leads to speeding, unsafe driving, and delayed reaction times, there are many other types of impaired driving that society should be made aware of. For example, impaired driving also encompasses operating a vehicle while sleepy, drowsy, or fatigued which increases the risk for things like falling asleep at the wheel, experiencing delayed reaction times, and missing road hazards or traffic signals. Additionally, distracted driving falls into the category of impaired driving. This includes doing things like texting, speaking on the phone, or eating while driving and is incredibly dangerous. Impaired driving is always wrong, regardless of the category it falls into. These dangerous acts cause immense suffering and can impact car accident victims and their families for years following a crash.

Reckless driving is another common cause of car accidents on Texas roads. Reckless driving includes things like speeding, changing lanes too quickly, swerving, and tailgating. Sometimes reckless drivers are rushing to get somewhere on time, are not paying close enough attention to the road, or are trying to get an adrenaline rush. Whatever the reason, reckless driving is unnecessary, and the consequences can be catastrophic for anyone who meets a reckless driver.

Manufacturing defects can also contribute to car accidents. Cars are made up of hundreds of parts which have great potential to cause crashes if defective. It is the responsibility of car manufacturers and inspectors to ensure that cars are safe for the road.

Inclement weather, inexperienced or young drivers, tire blowouts, and potholes are other commonly cited reasons for car accidents. While these may not always seem like preventable issues, the truth is that, often, exercising a little bit of extra caution in these circumstances can prevent accidents and save lives.

The Importance of Establishing Fault

Establishing liability is an important aspect of any car accident case and an essential stage in helping victims recover damages, see justice, and move on. Determining fault requires that the plaintiff prove which party or parties were responsible for causing the accident. It is important that you have an experienced legal team by your side to help conduct a thorough investigation, collect and examine any relevant evidence, and apply all findings to the car accident laws within the state of Texas. Our car accident lawyers have spent years advocating on behalf of car accident victims and their families and have worked cases where one or more parties have been held accountable including reckless drivers, negligent drivers, and automobile manufacturers.

The right kind of supporting evidence is of the utmost importance in helping your legal team determine who should be held liable for your car accident. Below is a list of evidence that is commonly used to build car accident cases (please note, however, that not all of these types of evidence will be available or relevant to every case – your legal team will help determine which types of evidence to utilize for your particular case):

  • Photos and videos – These can be some of the most important pieces of evidence used in car accident cases. If you have photos showing damage to your car, skid marks, or the scene of the accident, it is important to show these to your lawyer. Video surveillance footage may be available in cases where the accident occurred near a local business or at a busy intersection. Photo and video evidence can be of great assistance in establishing liability because it not only shows what happened but can help jog the memories of victims and witnesses to ensure that they clearly recall the details of the accident.
  • Eyewitness statements- If you have contact information for any witnesses, passengers, or passersby who happened to be at the scene of your car accident and may have seen what happened, it is important to present this information to your lawyer. In some cases, eyewitness statements can be a great help in proving fault.
  • Official police accident reports – The first thing you should do if you are ever involved in a car accident is call the police. Police reports help establish the facts of a case and are useful when determining who should be held responsible for the accident.

Criminal Penalties for Car Accidents

The traffic laws and regulations in our country and the state of Texas exist to keep our roads safe. Unfortunately, as we have already mentioned, car accidents are both common and preventable occurrences. In many situations involving reckless, dangerous, or negligent driving, a crime has been committed and defendants may face criminal penalties for their actions. While most car accident cases are solely resolved through the civil system, criminal penalties may be applicable in cases where serious injury, trauma, and/or death have occurred. For example, any driver who leaves the scene of an accident without stopping (also known as a hit and run) may face felony charges. Those who choose to drive under the influence are also at risk for facing criminal consequences; in Texas, drivers may need to pay a fine or be sentenced to jail time depending on the severity of the accident and whether it is a repeated offense. It is important to understand that even if the defendant in your case has been charged with a crime, you still have every right to recover damages through the civil system.

Austin Texas Car Accident Frequently Asked Questions (FAQ)
What if I am partially at fault for causing my car accident?
In the state of Texas, a law referred to as “comparative modified fault,” applies in car accident cases. This law establishes that blame may be split across parties, in proportion to the level fault each party bears for the accident. This, of course, will depend on the circumstances of the case. If, for example, a reckless driver hits your car and you are not wearing a seatbelt, you may be found partially at fault for your injuries, and your settlement may be reduced accordingly.
How long do I have to file my case?
The state of Texas has a two-year statute of limitations on all personal injury cases, which include car accident cases. This means that you must file within two years from the date of the accident. Two years may seem like a long time, but when you are dealing with physical recovery and the emotional aftermath of a car accident, it can go by extremely quickly. It is imperative that you meet with a car accident lawyer as soon as possible to begin working on your car accident case, as building a strong case can take time as well.
Should I accept a settlement offer from the insurance company if it seems fair?
You should never accept the first offer from an insurance company, especially when you have not consulted with a lawyer or when you have serious injuries or massive property damage. Insurance companies are businesses and operate as such. They will attempt to get you to accept a settlement offer quickly, and at the lowest possible cost to them. You should always consult a lawyer prior to speaking with an insurance company – a qualified car accident attorney can advise you on what a fair settlement may look like depending on the facts of your case.
If I feel fine after a car accident, do I still need to see a doctor?
We always advise our clients to get a thorough medical evaluation after being involved in a car accident, even in situations where they feel physically fine. Some serious injuries, including internal bleeding and whiplash may not present right away.
Do I really need a lawyer to help me or can I do this on my own?
If you are involved in a very minor fender-bender, you may be able to resolve your claim quickly and without a lawyer. However, in most car accident cases, you should consult an experienced attorney. In many situations, you may not realize the true cost of your injuries or property damage. We offer no-obligation consultations that are 100% free to potential clients and can help you determine how you wish to proceed.

Economic Justice Must Be Served

Being involved in a car accident can be life-changing and leave victims struggling with a myriad of difficult physical, emotional, mental, and financial consequences. When you are suffering through physical injury or navigating your way through emotional distress and mental anguish due to trauma caused by your car accident or the loss of a loved one, money may be the furthest thing from your mind. As experienced car accident lawyers, we understand that while you may not want to think about finances right now, economic justice can help you move forward with your life while allowing you to heal. We have helped many car accident victims obtain the compensation they deserved, and we want to help you too.

The amount and types of damages that we can recover for you will be dependent on the factors at play in your case. Some damages that we have helped our clients recover include:

  • Medical expenses – Car accident victims often sustain debilitating physical injuries such as broken bones, fractures, brain damage, and spinal cord injuries which lead to large medical bills for things like hospital stays, surgeries, doctors’ visits, rehabilitation, and at-home care.
  • Lost wages – The physical, mental, and emotional injuries suffered by car accident victims often leave them unable to work for a period, or in the worst of situations, for the rest of their lives. In cases of death, families may lose the income of the primary breadwinners of their families. Victims are entitled to compensation for the time they spend out of work due to injuries sustained in a car accident.
  • Pain and suffering – We believe that your suffering matters. Pain and suffering damages include both physical suffering and the emotional suffering that a car accident victim has endured. It encompasses things like anxiety, depression, and PTSD.
  • Funeral expenses – In cases of death, we always fight to recover damages related to funeral expenses of car accident victims.

How to File a Car Accident Case in Austin

The first step in filing a car accident case in Texas is to secure the services of a legal team that has a demonstrated record of helping car accident victims get the compensation and justice that they deserve. Our lawyers offer free consultations to every potential client. This initial meeting allows our team to familiarize ourselves with the details of your case while giving you a chance to get acquainted with our team and processes.

Next, we will perform a thorough investigation into your case, gather and analyze evidence, and file your lawsuit with the Texas Civil Court. We will then engage in the discovery process, which requires us to share our evidence with the legal team for the defense while we comb through any evidence that they present. At this point in the process, we may attempt to negotiate a fair settlement on your behalf. However, this is not always possible, and if a settlement that represents your best interests is not on the table, we will fight for you in court.

Personalized Attention, Unwavering Commitment and True Compassion

Our firm is dedicated to advocating on your behalf and helping you get the financial compensation and closure you need to move forward. We have fought for many car accident victims over the years and understand the magnitude of suffering you have experienced. As such, we will handle your case with the integrity, passion, and empathy that our lawyers have become known for, so that you may go about the business of rebuilding your life while we build a winning case.

Jarrett L. Ellzey

Partner, Ellzey & Associates, PLLC

About Ellzey & Associates, PLLC

Ellzey & Associates is a Texas personal injury law firm that aggressively advocate their clients’ interests in a wide range of legal disputes. The firm has successfully represented individuals with catastrophic injury, wrongful death, car/truck accident, brain injury and other such cases. Ellzey & Associates also has in-depth experience representing businesses in complex corporate, consumer, and class-action litigation involving a myriad of claims such as breach of fiduciary duty, real estate, fraud, consumer protection and Deceptive Trade Practices Act (DTPA) violations, Telephone Consumer Protection Act (TCPA) violations, products liability, auto defects, government contractor fraud, Medicare and Medicaid fraud, Whistleblower and False Claims Act (Qui Tam) claims, whistleblower protection and wrongful termination.

Law Firm Information
Firm: Ellzey & Associates, PLLC
Address: 501 Congress Avenue
Austin, TX
Phone: 1.800.391.0227
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