Texas Car Accident Lawyers
Experienced Car Accident Attorneys Serving Clients Nationwide From Our Texas Offices in San Antonio, Corpus Christi, and Austin
Car accidents happen without warning, resulting in injuries, financial uncertainty, and stress. Our experienced car crash lawyers can help ensure that your case is handled correctly and with care, from the scene of the wreck to the resolution of your case.
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We Have Represented Clients Injured in Car Accidents for More than 25 Years
For more than 25 years, our Texas car accident lawyers have represented victims of car crashes and helped them receive the compensation they deserve. At Thomas J. Henry Law, our knowledgeable and experienced injury attorneys are backed by the legal and financial resources necessary to develop your case and put you in the best position possible for a desirable outcome. Our record of helping our clients achieve record-breaking verdicts, settlements, and judgments is a testament to the hard work, tenacity, and dedication of our team of lawyers.
We utilize the best experts from across the country to assist in automobile accident cases. From accident reconstruction experts to doctors and surgeons, employing the right expert for your case can be critical in achieving a successful result.
Thomas J. Henry Law works on a contingency fee basis meaning you do not pay us unless and until we win your case.
Proving Fault in a Texas Car Accident
In Texas, the legal standard for you to win your auto accident case is by a preponderance of the evidence. This means that you only need to prove that your version of the facts, damages, and fault is more likely correct than the defendants.
With that, your attorney will focus on establishing these five elements:
- The defendant owed you a duty of care – As a driver, the defendant owed a duty of care not only to other drivers but to all other road users. This duty of care means that they were required to act with a reasonable standard of care and practice the same watchfulness, attention, caution, and prudence that a reasonable person would practice under similar circumstances.
- The defendant breached that duty of care – The defendant breached the duty of care they owed you by action or inaction. This can include reckless driving, distracted driving, driving under the influence, failure to maintain proper attention, failure to observe to traffic signs, or failure to maintain safe following distance.
- Cause in fact – The defendant’s actions were the actual cause of your injuries. This can normally be shown through the “but-for” test. For example, if a bus driver ran a red light and hit a pickup and the driver of the pickup suffered back injuries, the “but-for” test would state “But for the bus driver running the red light, the pickup driver would not have sustained his back injuries.”
- Proximate cause – Your injuries were a foreseeable result of the defendant’s behavior. For example, a drunk driver hitting and killing a pedestrian is a foreseeable consequence of the driver choosing to get behind the wheel while intoxicated. However, if a drunk driver were to collide with an 18-wheeler carrying volatile chemicals which exploded on impact and caused a poorly maintained utility pole a half-mile away to fall over and injure a pedestrian on a late-night walk, it is unlikely the drunk driver would be held liable for the pedestrian’s injuries as the collapse of the utility pole is a highly unforeseeable consequence of the defendant’s drunk driving.
- Damages – You have suffered a hardship that the civil justice system can compensate you for. This may include medical expenses, pain and suffering, lost wages, or mental anguish.
What Happens When Multiple Drivers Are at Fault in a Car Crash
When establishing fault in Texas, it is important to remember that Texas uses a modified comparative fault standard when apportioning fault and awarding damages. This is often referred to as “proportionate responsibility.” What this means for you is that the damages awarded to you could be reduced if you are found to be partially at fault for the auto accident that resulted in your injuries.
For example, if you were texting on your phone when your vehicle was t-boned by a car that ran a stop sign, the court could determine that you were 30% at fault for the accident and therefore 30% at fault for your injuries. As such, if you were awarded $10,000 in damages, you would only be able to recover 70% of that amount or $7,000.
Additionally, Texas follows the 51% bar rule. This means that you may not collect damages for injuries if you are determined to be 51% or more at fault for your injuries.
Contact an Experienced Car Accident Attorney
If you or a loved one have been injured in a car crash, contact Thomas J. Henry Law. Our experienced car accident attorneys have experience handling a multitude of injury accidents, no matter how severe the crash or injury. You may be entitled to compensation for your damages if another driver acted negligently. Our firm has the experienced lawyers and financial resources that you need to achieve the real results you deserve.
Our firm has offices in Corpus Christi, San Antonio, and Austin serving clients across Texas and nationwide. Call us today for a free case review — attorneys are available 24/7, nights and weekends. If you cannot make it to our office, we can visit you at your home, in the hospital, or at work.