Car Accident Attorneys in Texas Representing Injured Clients for More than 25 Years
For more than 25 years, our Texas car accident lawyers have represented victims of car accidents 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.
Steps to Take After a Car Accident
If you have been involved in a car crash, there are several steps you should take in order to protect your rights and ensure you are eligible to receive financial compensation for your injuries and damages.
- Pull over and call the police. No matter how minor or significant the accident is, if your car is drivable, pull over to the side of the road to avoid additional collisions. It is illegal to flee an accident scene. Doing so will make the situation worse. Turn on your hazards and use road flares and reflectors if you have them. Call the police.
- Seek medical attention immediately for your injuries. Check to see if you or anyone else is injured. If so, get medical help first. You may not feel any apparent injuries or pain immediately following the crash, but symptoms can show up days or weeks later. Delaying medical care can not only put your long-term health at risk but hurt your potential accident claim.
- Record facts and take pictures. Gather information as much as possible about the accident. Take photos of any damage. Get the other driver’s name, address, license plate number, insurance, year, make, model, and vehicle registration. Be sure to get the names, addresses, and phone numbers of any witnesses too.
- Report the accident to your insurance company. Contact your insurance company as soon as you can following a crash (most policies require an immediate accident report). Consulting your insurance will allow you to discuss your medical benefits and begin your claim. Keep a detailed log of any medical bills, updates, changes in health, and crash-related expenses.
- Contact an experienced accident attorney. A team of knowledgeable injury lawyers can assist you every step of the way. They will take immediate action on your case to preserve evidence, examine the existing case law, and find the best expert witnesses in the country on your behalf. Your Texas car accident lawyer will put you in the best position possible to achieve the compensation you deserve.
Mistakes to Avoid After a Car Crash
Just as there are steps you will want to take after an accident to protect your rights, there are also several pitfalls you should be aware of which can damage your car accident claim.
- Speaking to the adverse driver’s insurance company. Insurance companies work to serve their own clients’ best interests. When you speak with the adverse driver’s insurer, you may inadvertently damage your claim to compensation by providing conflicting information or answering leading questions. Always speak with an attorney prior to providing answers to other drivers’ insurance companies, especially if they are requesting a recorded statement.
- Delaying or not seeking medical attention. We cannot stress enough the importance of seeking medical attention after a car crash, even if you are not feeling any immediate pain or discomfort. Car accident victims commonly overlook soft tissue injuries like damage done to ligaments, muscles, and tendons only to find the injuries worsening weeks or months later. Medical professionals can provide you with a routine check-up and diagnose you with an injury that may not be obvious to you.
- Seeking advice from attorneys who do not focus on personal injury or who lack trial experience. Insurance companies typically know which attorneys get results and which attorneys do not. Hiring a dedicated personal injury attorney with decades of trial experience and a reputation for record-breaking results can make a big difference. The insurance company will likely make better settlement offers and be more willing to move your claim forward knowing that there is a risk you will take them to trial.
When to Hire a Car Accident Attorney
The truth is it is best to speak with an attorney after any accident in which injuries or damages may have occurred, even if the accident and injuries seem minor at first. An experienced personal injury attorney can help you understand your legal options following a crash as well as help mitigate the confusion and stress that can follow a collision. However, we understand that calling a car accident law firm may not have been top-of-mind following your crash. Do not worry, there is still time.
Under Texas law (Tex. Civ. Prac. & Rem. Code § 16.003(a)), the statute of limitations for most personal injury claims is two years.
This means even if you did not contact a Texas car accident lawyer in the days or weeks following your crash, you can still reach out to Thomas J. Henry Law to file your claim. Our attorneys will take immediate action on your case, including gathering information about the accident, gathering insurance information from the adverse driver, and gathering the medical records necessary to prove your claim.
Determining What Your Car Accident Case is Worth
While every car accident case is different, the value of a car crash claim can be estimated based on the damage done to the accident victim and their property. Thomas J. Henry Law works with medical and financial experts to estimate not only the immediate costs of your accident and injuries but also the long-term effects the crash will have on you and your finances. Factors we look at include:
- Medical expenses – This includes medical expenses you have already accrued in response to the crash as well as the estimated cost of ongoing or future expenses like rehabilitative therapy and additional anticipated surgeries and treatment.
- Lost income – You may be entitled to compensation for any wages you lost while recovering from your injuries. Further, if your injuries prevent you from returning to work at the same level you were at prior to your accident, we can help you recovery future lost wages as well. We will also seek compensation for any paid leave you spent responding to your accident, seeking treatment, or recovering from your injuries.
- Damaged property – You deserve compensation for any property that was damaged or lost during your accident. This includes damage to your car as well as clothing or other personal items damaged in the crash.
- Pain and suffering – If you suffered serious injuries and went through a painful recovery, you can be awarded pain and suffering for the physical and emotional discomfort you endured.
- Loss of consortium – Loss of consortium are damages related to the impact your injuries have had on you or your loved ones. Married couples may be awarded loss of consortium if their injuries prevent them from maintaining physical injuries. Parents can recovery loss of consortium if their injuries interfere with their ability to care for their children.
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 Texas car accident lawyer 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 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.
An experienced Texas accident attorney will help determine what parties are at fault for your accident and what percentage of liability each party is responsible for, getting you the most money for your claim.
Contact an Experienced Texas 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.
Thomas J. Henry Law Offices with a Car Accident Lawyer in TX:
- Speak to an Austin car accident lawyer:
- Phone Number: (512) 520-0221 (attorneys available 24/7, nights and weekends)
- Address:4401 West Gate Blvd Suite 200, Austin, TX 78745 (walk-in Monday through Friday)
- Speak to a Corpus Christi car accident lawyer:
- Phone number: 361-254-7873 (attorneys available 24/7 to assist you)
- Address: 521 Starr Street, Corpus Christi, TX 78401 (walk-in Monday through Friday)
- Speak to a San Antonio car accident lawyer:
- Phone number: 210-941-2191 (attorneys available 24/7 to assist you)
- Address: 5710 W Hausman Rd, Suite 108, San Antonio, TX 78249 (walk-in Monday through Friday)