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.

We have offices in San Antonio, Corpus Christi, and Austin, and our attorneys are available 24/7, nights and weekends to hear your claim. Call us today to set up a free case review.

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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.

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Your Car Accident Questions Answered

We have straight answers to difficult questions to help you make critical decisions, navigate legal process and win your settlement.

Following a car accident, there are always more questions than answers. At Thomas J. Henry, we’re here to answer any questions you have about your injury case.

Expert witnesses are an essential part of proving fault and damages in a car accident claim. Thomas J. Henry Law has spent more than 25 years gathering and building professional relationships with some of the nations leading auto industry experts.

If you have been involved in a car accident, expert witnesses may be called in to help prove liability and damages. Expert witnesses for a car accident lawsuit may include:

  • Medical Doctors and Physicians
  • Biomechanical Engineers
  • Automotive Forensic Consultants
  • Accident Re-constructionists

In Texas, passengers in vehicles that are involved in an traffic accident are able to make recoveries from the drivers of adverse vehicles, the driver of the vehicle they are a passenger in, and in some instances the driver of the vehicle they were in as well as the drivers of adverse vehicles.

In Texas, if you are involved in a car crash as a passenger, you can pursue claims against any drivers involved, including the driver of the vehicle you were in. Beyond that, you can also sue people and entities that may have contributed to your crash and injuries in other ways, such as the vehicle’s manufacturer, property owners, and drinking establishments that over-served an intoxicated driver.

Many auto insurance companies will have existing contracts with body shops and repair shops in your area. These contracts typically benefit the body shop and the insurer by exchanging referred business for the body shop for lower labor and material rates.

However, these agreements may benefit you as well. By choosing a repair shop recommended by an insurer, you will generally be back on the road faster. Additionally, most reputable insurance companies require that contracted body shops meet certain equipment and training requirements and also require that contracted body shops provide lifetime warranties on any repairs made.

Still, there are situations in which you may want to use a body shop not contracted by the insurance company, which is your right.

If you choose a body shop recommended by an insurer, you may get some push back from claims representatives. This is because claims adjusters are often given set regarding the number of claims that should go to the insurance company’s direct repair shops. They will tell you that the shop is not on their list and that they will not be able to handle your claim effectively, or say that it could be weeks before an adjuster will be available to write an estimate on your car.

Do not be intimidated. If a body shop is truly reputable, they will make sure you receive any and all the benefits of choosing the insurer’s recommended body shop.

Typically, a passenger who gets hurt in a car crash has an easier case than a driver or any other type of personal injury plaintiff due to the fact that the passenger generally does not share any liability (though there are exceptions). In a two-car accident, for example, fault will normally lie with one or both of the drivers.

However, the passenger must still prove that:

  • The crash was the defendant’s fault
  • The plaintiff suffered damages
  • The defendant’s actions resulted in damages
  • The extent of the damages sustained

With this in mind, a passenger injury claim will proceed just like any other car accident claim. Just as in other auto accident cases, the passenger would want to gather the insurance information for any drivers involved in the crash and file claims with the insurance companies of any of the drivers he or she believes is liable for the crash.

Of course, if the accident were a single-vehicle crash, the passenger would only file with their own driver’s insurance company.

Our Practice Areas

Representing injured victims from across the United States.

No matter the injury or the accident, if you or a loved one were harmed due to the negligence of an individual or company, Thomas J. Henry is here to assist you.

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