When it comes to personal injury and car accidents, Austin car accidents are unfortunately a common occurrence. Car accident victims may find themselves facing physical injuries, emotional trauma, and financial strain due to medical bills and lost wages.
An insurance company may try to minimize their payouts, leaving victims with less than they deserve. That's where an experienced car accident attorney like Robert Kiesling comes in. Austin car accident lawyers can help victims navigate the legal process, negotiate with insurance companies, and fight for the compensation they need to recover.
If you've been in an Austin car accident, it's crucial to seek the help of a skilled and knowledgeable Austin car accident attorney. Don't let the aftermath of a car accident overwhelm you – reach out for professional support and guidance.
It is best to reach out to local Austin car accident attorneys for representation such as the Law Offices of RRK. We have Austin car accident lawyers with over twenty years of experience and over 100 years of combined experience with our associate Austin personal injury firm.
You can be assured you are in the best hands for your car accident claim. We are accessible, local, and we are willing to accommodate the needs of our clients. We will even come to you! Call now for your free consultation! Or reach us on the web at www.rrklawoffice.com.
Car Accidents in Texas
Texas, the second-largest state in the US, has the second-highest fatality rate in car accidents after Florida. On average, there is one injury every two minutes, and it takes two hours and twenty minutes for the total number of deaths in Texas to match the national average.
As the population of Texas increases, Austin can expect to see more accidents. The stretch of Interstate 35 from Houston to Austin is one of the country's busiest highways and experiences high numbers of crashes each year.
Austin Car Accident Statistics
In our city of Austin, car accidents occur frequently. The Texas Department of Transportation (TxDOT) releases yearly data on car crashes, which indicates that there are around 34 accidents on a daily basis.
What Intersections Have the Most Car Accidents in Austin, TX?
Unfortunately, car accidents are unavoidable in Austin, Texas. However, knowing which intersections are the highest in car accidents can help heighten driver awareness in these areas and may help them in avoiding an accident.
TxDoT reports that Austin has four intersections among the 279 most dangerous ones in Texas. The intersection at East Riverside and South Valley Road has the worst record in the city with 68 crashes and 53 injuries between 2012 and 2015, but no fatalities.
The intersection at Lamar Boulevard and Parmer Lane follows with 56 crashes, 45 injuries, and one fatality. Additionally, the intersections at Lamar Boulevard and Butler Road, as well as Riverside and Willow Creek Drive, are also on the list.
Thousands of People are Injured in Car Accidents in Austin Every Year
Over 78 people died and 4,000 were injured due to car accidents in the Austin area in 2017. The reckless driving of some individuals is posing a significant threat to the population.
RRK's main attorney, Robert Kiesling, is our local car accident lawyer. Our firm is profoundly familiar with Austin's personal injury laws and can offer legal guidance and assistance in obtaining compensation for medical bills and other damages. Our top priority is our clients, and we strive to ensure that those at fault for accidents are held accountable.
Facts & Causes of Car Accidents in Austin
In the span of two decades, nobody died from a car accident on Texas roads. Last year, one person was killed every two hours. In the past three days, nearly 265 deaths were caused by car collisions. Car accidents have many different causes, such as distracted driving techniques and drunk drivers.
What are Common Car Accident Injuries?
Automobile accidents in Austin lead to numerous injuries every year, causing fatalities and severe medical conditions to be treated daily. For victims of traumatic injuries, the RRK Law Firm provides specialized support.
Unfortunately, automobile accidents injure thousands of Austinites every year by automobile accidents. Nearly every day, individuals lose their lives in auto accidents while others receive treatment for serious medical conditions. The RRK Law Firm concentrates on helping clients who have sustained traumatic injuries that include:
Soft tissue injuries (whiplash)
Sprained/strained muscles
Herniated discs
Contusions and bruising
Concussions
Broken ribs
Do I Have a Car Accident Claim in Austin, TX?
If you or someone you care about has been hurt in a car accident in Austin that was the fault of another driver, you may have the right to submit a claim against the at-fault driver’s insurance. This can help you get appropriate payment to cover your medical expenses and any other costs related to the accident.
It's important to note that there is a time limit for filing a claim for compensation after a car accident in Texas. This time limit, known as the statute of limitations, must be followed.
The statute of limitations sets a deadline for when you can sue the responsible party/parties. If you miss this deadline, you may not be able to receive compensation.
To pursue a car accident claim, it's important to act quickly due to the statute of limitations. Hiring an aggressive and experienced personal injury lawyer will ensure that your claim is pursued diligently.
RRK Law, in association with DC Law, has car accident attorneys who use their combined experience of over 100 years to advocate for the rights of car accident victims throughout Texas.
How Much Does It Cost To Hire A Car Accident Attorney in Austin, TX?
Hiring a lawyer on a contingency basis can be expensive. Typically, in car accident cases, the lawyer's fee is 33% to 40% of the amount they recover for you. However, if the lawyer is unable to recover anything for you, you will not have to pay any fees.
After an accident, some people are reluctant to contact a lawyer because they believe they cannot afford the lawyer's high hourly rate or the retainer fee needed to retain their services.
Typically, clients who file lawsuits (also known as "petitioners") do not need to pay fees in advance when working with most lawyers. This is because car accident lawyers usually handle these cases on a contingency fee basis. If you're trying to decide whether to hire a lawyer under this arrangement, here are some important things to keep in mind: whether you win or lose your case, you may have to pay for costs such as filing fees. It is possible to discuss and try to lower the contingency fee.
What is a contingency fee?
Personal injury lawyers often use a fee arrangement called a contingency fee. This means that if you hire a car accident lawyer on a contingency fee basis, you won't have to pay any money to the lawyer upfront or pay them an hourly fee. They will only receive a fee if:
You win your case.
A settlement for a car accident.
You have won a court case related to a car accident.
A contingency fee means that you only pay the lawyer if your case is successful. The fee is dependent on the outcome of the case.
Other Types of Car Accident Lawyer Fee Arrangements
The majority of lawyers work on a contingency fee basis for car accident lawsuits. This means clients do not have to pay upfront costs and won't have to pay if they lose the case. Instead, lawyers receive a portion of the compensation won as opposed to an hourly rate or a fixed fee.
Certain accident attorneys offer a flat-rate legal service, such as drafting a demand letter to be sent to the at-fault driver’s insurance company, for a fixed fee ranging from $300 to $1,000.
Contingency Fee Agreements Are for Petitioners Only
A contingency fee agreement is available only if an attorney is representing the person who filed the car accident lawsuit (petitioner).
Lawyers usually charge the defendant, who is being sued, an hourly rate that differs from lawyer to lawyer.
Typically, liability car insurance policies have a provision called "duty to defend." This means that if the policyholder is sued over an incident that the insurance covers, the insurance company is responsible for hiring and paying for a defense attorney.
Drivers without insurance or those whose coverage limits are exceeded must hire their attorney and pay an hourly fee, which can be quite costly (usually ranging from $150 to $500 per hour based on the location and the attorney's experience and reputation).
How Are Costs Handled in Car Accident Cases
Contingency fee agreements often advertise that clients won't have to pay if they don't win, but this may not always be the case. It's important to carefully review the agreement to determine if you could be responsible for paying your lawyer's expenses (also known as "costs") if you do not win the case. These costs can include expenses incurred during the investigation and pursuit of your car accident claim. Costs can include but are not limited to the following:
filing fees
photocopying fees
the cost of getting medical records and Car accident police reports
court reporter fees for depositions, and
expert witness fees.
It's important to note that expenses can swiftly accumulate and exceed thousands or tens of thousands of dollars. To avoid confusion, it is recommended that you clarify in a written contingency fee agreement how expenses will be managed.
Some personal injury attorneys may cover costs upfront and solely anticipate reimbursement if you win a settlement or a court verdict. However, most attorneys will require you to agree to pay some or all expenses if you do not win your case.
It is important to know when the costs will be deducted from your compensation. Check your agreement to see if the costs will be deducted before or after the lawyer's fee is calculated. If costs are deducted first, the lawyer's fee will be lower compared to when the fee is deducted first, and then costs are subtracted.
Suppose you have a legal case with $3,000 in costs and a $20,000 settlement, and you agreed to pay your lawyer a 33% contingency fee. If costs are subtracted from the settlement before calculating fees, your lawyer receives $5,610. However, if costs are subtracted after calculating fees, your lawyer receives $6,600.
To better handle expenses in a car accident case, it's important to have clarity between you and your lawyer. While certain costs like court filing fees are mandatory, expenses such as the investigator and expert witness fees can be decided by you and your lawyer.
It's important for your agreement to include a specified amount, above which your lawyer will need your permission for any additional expenses. This will prevent you from being surprised with an unanticipated bill at the end of your case.
A Typical Contingency Fee is 33% in a Car Accident Case
This percentage can range from 33% to 40% and varies depending on various factors such as the laws and ethics rules in the state where the attorney practices.
It is possible to discuss a lower contingency fee percentage with your attorney. Some lawyers offer a sliding scale for contingency fees based on the timing of the resolution of the case. For instance, they may charge:
If the lawyer resolves the case by negotiating only with an insurance adjuster and without filing a lawsuit, they will receive 25%.
If a lawsuit is filed but the case settles before trial, then the settlement rate is 33%.
If the case goes to trial, the probability of winning is 40%.
It is unlikely that a lawyer will propose a reduced fee arrangement, so you will need to initiate the discussion. Here are some suggestions for negotiating a lower fee with a personal injury lawyer.
Is a Car Accident Lawyer Worth the Cost?
If your injuries are minor and you can provide evidence that the other driver was responsible for the accident, you may not require the assistance of a lawyer to handle your car accident claim.
If you have suffered severe injuries, your case is legally complicated, or you are facing difficulties with the insurance company, it would be helpful to seek the assistance of a car accident lawyer.
How to Recover When an At-Fault Motorist Doesn't Have Insurance
If the driver at fault doesn't have insurance or their insurance isn't enough to cover your losses, there are two types of car insurance coverage that may help you after a car accident.
If you have uninsured motorist (UIM) coverage through your own car insurance policy (either because it's required in your state or because you added it to your policy), you can use it to pay for your medical bills and certain other losses related to a car accident caused by an uninsured driver.
Underinsured motorist coverage, also known as UIM, covers you when the driver at fault doesn't have enough liability insurance to pay for your accident-related losses. This part of your own insurance policy helps bridge the gap financially between your losses and the at-fault driver's coverage.
If you were in a car accident caused by someone else's negligence, you may be eligible to receive a significant amount of money to cover your medical expenses. In Texas, the minimum insurance coverage for drivers is $30,000 for injured persons and $25,000 for property damage in motorcycle accidents.
For injuries sustained from the same vehicle, the coverage must be $6,000 or more. Despite the legal requirement for insurance coverage, some drivers choose to drive without insurance. Currently, approximately 20% of drivers in Texas do not have insurance.
What is My Car Accident Case Worth?
There is inconsistency in reporting the average settlement amount for car accidents. In 2020, the Insurance Information Institute stated that the average bodily injury claim for a collision was $20,235 and the average property damage claim was $4,711. Source: Forbes 2023.
- Economic Damages
Economic damages, also known as special damages, refer to the quantifiable expenses that a victim of a vehicle accident may have to face. These costs can be calculated by filling out forms such as invoice receipts, payment stubs, and tax returns. Totaling up bills and receipts is the most typical way to determine the economic damages resulting from a car crash.
- Punitive Damages
The victims of a vehicle crash in Texas did not receive any damages. Damages can only be claimed if there is proof of neglectful behavior. Punitive damages are meant to punish the offender and send a message to others that certain actions are not acceptable. They are meant to deter others from acting similarly.
Will You Pay Taxes on Your Austin Car Accident Settlement?
When calculating taxes on settlements or verdicts for auto accidents, the jury examines the damages awarded to the individual. Typically, compensation received for injury costs and damages is not subject to federal or state taxes. This includes damages resulting from injuries. The loss of earnings due to the victim's injuries is often the largest part of an auto accident settlement.
What If I am partly at fault for my car accident?
Texas follows modified comparative fault. This is the most common rule. It allows partially liable parties to seek compensation for their losses, but only if they are less at fault than the other party. Some states prohibit recovery if someone is 50% liable, while others set the limit at 51%
Why is it important to have a thorough conversation about your accident with a lawyer? Well, they can help you understand if you are eligible for financial compensation. Furthermore, a law firm has the ability to look into and analyze all the evidence related to the case in order to establish liability.
Other jurisdictions vary by state, but some common types of comparative fault recovery are as follows:
Pure Contributory Negligence – This is the harshest of the rules. States that follow the pure contributory negligence rule prohibit someone from recovering any compensation if they were even 1% at fault for the crash. This means that if both parties contributed to a car accident in any way, neither party can recover compensation from the other.
Pure Comparative Fault – Under these laws, you can seek recovery for partial losses even if you were 99% at fault! Parties who were partially at fault always have the opportunity to file a claim, as long as they were not 100% responsible.
What is the Statute of Limitations in Texas for Car Accidents?
In Texas, there is a time limit known as the statute of limitations for seeking compensation. For car accidents, this limit is two years. The law states that a person who is injured must file a lawsuit against the responsible party. If the injured party wishes to sue for negligence and loss, they must do so within two years by filing a civil lawsuit. The best way to protect your right to file an accident claim is to provide all relevant information and facts as soon as possible after the accident.
Contact RRK Law today for your free consultation
If you've been in an accident, it's best to seek a lawyer who focuses on crash claims. RRK Lawyers have helped many accident victims in getting compensation for their injuries. You can call our office for your free consultation today. Remember, time is of the essence in these cases. The sooner you reach out to us, the more likely it is we can get you the maximum compensation for your case! We're local, just like you!
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If you’ve been injured in a car accident in Austin, the experienced attorneys at RRK Law Firm are here to help you navigate the complexities of personal injury claims. Our team is dedicated to ensuring you receive the compensation you deserve for your injuries, pain, and suffering. We offer free consultations to assess your case and provide personalized legal advice on the best course of action. Learn more about our services on our Austin Car Accident Lawyer page.
At RRK Law, we understand the significant impact that auto accidents can have on your life. Our attorneys are committed to providing compassionate and effective legal representation, whether you were involved in a minor collision or a serious trucking accident. For more information on how we can assist you, visit our Auto Accident page.
Our firm also handles a wide range of personal injury cases, ensuring that each client receives the best possible representation. To learn more about our personal injury services, check out our Personal Injury page. We operate on a contingency fee basis, meaning you pay no fees unless we win your case. Discover more about this on our Austin Personal Injury Lawyer page.
Choosing the right attorney is crucial for the success of your case. Our Essential Guide to Choosing a Car Accident Attorney in Austin provides valuable insights to help you make an informed decision. Contact RRK Law today to ensure your rights are protected and to start your journey towards recovery.