car accident law firm Austin

There are no words that can express the loss of a loved one. When an unexpected accident takes a family member, there is tremendous confusion, stress, and pain. Along with the emotional heartache, remaining family members must also deal with financial burdens including costs associated with the funeral, medical bills, and lost wages.

When all seems lost, know that Ramos James Law, PLLC, is by your side. If your family is, unfortunately, dealing with the loss of a loved one because of another party’s negligent behavior, then do not hesitate to contact Ramos James Law, PLLC. We understand that the loss of a loved one can be overwhelming, that it is why it is our desire to provide you with compassionate legal assistance you need to minimize the burden.

When looking to hire a car accident attorney in Austin, Texas, you need a team who has the knowledge and resources necessary to hold the at-fault or negligent party accountable. There are many reasons why to choose the Bonilla Law Firm after you have been in a serious car accident which include:

We have been in business for over 30 years. Our team of highly experienced and well-informed attorneys strategically and efficiently helps achieve the goals of our clients, with the case results to prove it. The Bonilla Law Firm has successfully settled multiple successful cases involving car accidents and personal injury ranging from $250,000 to $2,000,000.

We form long-term relationships with our clients and colleagues. Our team achieves this by being trustworthy, transparent, and fair. We will keep you updated on the status on your case every step of the way, whether that be positive or negative.

We never charge upfront fees, only if and when we win your case, do we get paid. If you have piling medical bills, you might be thinking about how you can afford to hire a lawyer. Don’t worry about paying any money out of your pocket to hire us, and remember that if we don’t win, you don’t pay.

We work effectively in search of the most optimal means of obtaining the best possible results. At the Bonilla Law Firm, we know the tactics that insurance companies use to give you the lowest possible settlement. Their teams of experienced adjusters and lawyers will try to downplay the severity of your injuries but don’t listen to them. We know the right strategies to push back and level the playing field.

What Our Clients Have To Say

Not sold on us yet? Here’s what a few of our clients have to say.

“Brad and his team did a great job in helping me navigate the claims process. I was in a rental vehicle within hours of my accident and Bonilla stayed in constant contact with me, giving me important updates and information. My case was successfully settled within 6 months. I highly recommend the Bonilla Law Firm.

– Bee S.

“In 15 minutes, from my first ever call to these guys I got better advice than I had got from my current law firm in FIVE months!! We all have things to say about lawyers, mainly when we are in tough life situation. Jon and Brad make life A LOT easier.”

– Gordon M.

“Great customer service experience. Office staff very professional and friendly. I talked with Brad who made complicated legal issues easy for me to understand. It’s a family-run business which shows in their friendliness and concern. I highly recommend them.”

– Jeff S.

Why Should I Hire A Car Accident Attorney?

When you have been injured in a rollover car accident, rear-end, side-collision, head on, drunk driving accident, or any other form of a car accident, hiring an attorney can be invaluable. Injuries not only cause physical pain but financial strain as well. Freely consulting with an experienced attorney regarding car accident cases and legal options helps make a well-informed decision on how to move forward and the best pathway to do so. Working with an Austin car accident attorney can alleviate you from:

  • Obtaining police reports/statements
  • Speaking to and working with insurance adjusters
  • Collecting and analyzing medical records
  • Interviewing witnesses
  • Collecting factual information from the other parties involved
  • Hiring experts to aid in reconstructing the accident
  • Negotiating a fair settlement

Insurance companies have teams of their own lawyers and adjusters that are looking out for their own best interests. Some of these carriers begin evaluating your injury claim and as soon as they are notified. Retaining legal counsel immediately after you are injured is essential to recovering the compensation you are owed.

After a car wreck occurs, medical bills can quickly pile up. In some instances, emergency surgeries and operations are required to help a victim of an accident. In the most extreme scenarios, auto accidents result in wrongful deaths that can put the surviving family members under enormous financial and emotional stress.

Austin Car Accident Resources

To access any point on the page below, click any of the following links.

Do I Have a Car Accident Claim?

After injuries in an auto accident are suffered, an injured victim may be confused whether or not they can file a personal injury claim in Texas. Certain injuries may be minor in nature, while other injuries can be life-altering, catastrophic, and in extreme cases, fatal.

At our law firm, our Austin auto accident lawyers examine the specifics of your case and help victims recover compensation for the damages and pain and suffering caused in an accident. 

If your injuries have caused a loss of work, unforeseen medical bills, pain and suffering or emotional damages you may have cause to bring a claim against those responsible for the injuries suffered. 

How Long Do I Have To File A Car Accident Claim?

In the State of Texas there is a time limit, also known as statute of limitations, for victims of personal injury to file a claim. For car accidents this time limit is two years from the date the injury occurred.

It is important to remember the statute of limitations if an injured victim decides to file an accident injury claim. Injured victims that fail to file a suit within the two-year time frame, risk losing the option to file a civil suit against a potential defendant. 

To ensure that accident victims do not miss the deadline to file a case, it is of utmost importance to discuss the facts and details of a case as quickly as possible after personal injuries are sustained. Talking to an attorney shortly after the accident allows a legal team to begin to conduct the necessary research and build a case while the accident is fresh in a victim’s mind. 

Our attorneys are here to handle the legal work, research, negotiate with insurance companies, assess damages relating to medical and emotional tolls and consult with reconstruction experts to establish the cause of the car accident. After an auto accident occurs, victims should focus on what’s most important- recovery. Our attorneys can handle the rest. 

What are the Most Common Causes of Car Accidents?

There are various ways that car accidents can occur in and around the Austin area. The majority of car accidents are caused by human error. In some cases, driving mistakes are relatively minor, but they can still result in serious accidents. Below, here are some of the most common causes of car accidents in the United States, and subsequently, in the Austin area.

  • Distracted driving. Distracted driving becomes more and more of a threat each year, particularly as technology becomes more integrated into our daily lives. Anything that takes a driver’s attention off the roadway is considered distracted driving and incredibly dangerous. These accidents occur from a number of issues. Drivers that text and use mobile devices, talk to passengers, eat, apply makeup or engage in other behaviors can increase the likelihood of auto accidents. If a driver sends or reads a text and takes their eyes off the road, a car going 55 MPH can drive the length of an entire football field.
  • Impaired driving. Driving impaired by alcohol or drugs is a leading cause of traffic fatalities in Texas each year. It can lead to serious car accidents, resulting in injuries, and in some cases, death for those involved. In Texas, a person is killed every nine hours and six minutes in a crash where alcohol was a factor. 
  • Speeding. When a driver is operating a vehicle at excessive speeds, the potential for loss of vehicle control increases drastically. While it can be tempting to drive over the speed limit, particularly if you are running late, speeding is continually a leading cause of traffic injuries and fatalities each year in Texas.
  • Reckless driving. There are various types of driving behavior that can be considered reckless, including driving well over the speed limit, changing lanes too quickly, racing, and road rage.
  • Running red lights or stop signs. When a driver willfully ignores stop signs or traffic signals or is distracted and does not stop accordingly, serious high-speed accidents are likely to occur.
  • Rear-end collisions –  Rear-end auto accidents are common. More than 1.7 million rear-end accidents occur every year. These accidents commonly result in neck and back injuries that may have delayed symptoms well after the accident has occurred.
  • Tailgating. There is never a good reason to follow the vehicle in front of you too closely, regardless of how slow they may be moving. Failing to keep a safe distance away from the car in front of you can result in severe accidents if the vehicle suddenly turns or uses their brakes.
  • Improper turns. There are times when drivers can turn down the wrong way of a one-way street or when drivers turn in front of oncoming traffic. Any improper turn on the roadway can lead to severe accidents.
  • Roadway defects. In some cases, there are no drivers to blame for an accident, particularly if a roadway defect caused a crash. In cases of potholes or debris lying on the roadway, the government agency responsible for roadway maintenance may be responsible for a crash.
  • Rollover accidents – Rollover accidents can be particularly catastrophic and violent in nature, and in extreme cases, resulting in death.  A rollover is defined as an accident that involves an automobile to tip over on the side or on it’s roof. In extreme scenarios, passengers of the vehicle can be ejected from the cab.
  • Failure to yield – While the majority of individuals will follow the appropriate yield laws, more aggressive drivers may fail to yield. Failing to yield in Texas can result in injury and fines. If failing to yield caused a bodily injury, the infractions levied on an individual can vary between $1,000 – $4,000.
  • Vehicle malfunction – In some cases, vehicle crashes are caused by a malfunction in the vehicle itself. This could be caused by a flaw in the vehicle design or a faulty part in the vehicle. These vehicle malfunctions could also be caused by a mistake made by a mechanic.
  • Unsafe Driving Conditions – Weather conditions including snow, ice, fog wind and rain can cause unsafe driving conditions. These conditions can increase the likelihood of auto accidents. When driving in variable weather conditions, take additional precautions while driving and always allow extra space between the vehicle in front of you.

If you or someone in your family has suffered any of the accidents outlined above, our Austin car accident attorneys are here to answer your questions about the insurance company and provide a legal resource during this time of need.

What are Common Car Accident Injuries?

Unfortunately, thousands of people are injured each year in and around the Austin area due to car accidents. According to the Center for Disease Control and Prevention (CDC), for every one person that loses their life in a vehicle accident, eight others are hospitalized for an injury and 100 more are treated and released from an emergency department.

Some of the most common injuries that the team at Bonilla Law Firm helps clients that have been impacted by the following kinds of injuries:

  • Broken and dislocated bones
  • Severe lacerations or puncture wounds
  • Spinal cord injuries with possible paralysis
  • Other neck and back injuries, including whiplash
  • Traumatic brain injuries and concussions
  • Open head wounds
  • Internal organ damage or internal bleeding
  • Crush injuries or amputations

Our Austin car accident attorneys also regularly help clients who have sustained immense emotional and psychological trauma due to their accident. In many cases, car accident victims can suffer from post-traumatic stress disorder as a result of the incident and their subsequent injuries.

Texas Car Accidents Facts

Since the year 2000, there has not been a single day where someone has not died on a Texas road. Last year, one person was killed every 1 hour and 27 minutes, one person was injured every 2 minutes and 9 seconds and one reportable crash occurred every 57 seconds, according to traffic crash statistics given by the Texas Department of Transportation (Texas DoT).

A total of 244,092 people were injured in traffic accidents and 4,481 of those were fatally wounded in 2022.

In addition, around 4.57 million people were injured seriously in car accidents last year and required medical attention, according to the National Safety Council. More than 46,000 lives were claimed in car crashes in 2022 in the United States alone.

Here are the leading causes of car crashes in Texas throughout 2022:

Contributing FactorFatal CrashesTotal Crashes
Failed to Control Speed577136,165
Driver Inattention33284,887
Other (Not Explained)50945,768
Failed To Drive In Single Lane83045,632
Failure To Yield – Turning Left15835,674
Failure to Yield – Stop Sign12830,314
Unsafe Speed45723,633
Disregard Stop & Go Signal12822,490
Under The Influence of Alcohol71415,402

Who Is Legally Responsible For My Injuries From A Car Accident In Texas?

It depends. Texas is a comparative fault state – meaning that if an individual is found to be 50% or more at fault for the accident, they will not be able to recover damages.

The State of Texas operates under a “modified comparative” fault state. This means that if one of the parties involved is found to have been at partial fault for the auto accident, the court system will establish and calculate the percentage of fault that can be attributed to each party.

For example if there is a car accident case where the plaintiff is suing a defendant in the amount of $1,000,000 of damages – and the plaintiff was found to be 25% at fault for the ensuing accident – the plaintiff could potentially be awarded $750,000 in this specific example.

If the car accident plaintiff is found to be partially at fault for that accident, that percentage of fault will be reduced to reflect the percentage equal to that party’s respective fault.

What Damages Can I Recover After a Car Accident in Texas?

In the aftermath of a car accident that occurs in Austin, Texas, there are various types of compensation that you may be able to recover if you sustain injuries and property damage. There is no set amount of compensation paid in these situations. The total amount of compensation paid to crash victims in Austin will vary depending on the severity of the injuries, the length of the recovery time, the estimated property damage, whether or not there was any shared fault, and more.

Below, we will delve into the various types of compensation available in the aftermath of a car or motorcycle accident. We strongly encourage you to work with a skilled Austin personal injury attorney at the Bonilla Law Firm who can help adequately calculate your total losses.

Economic Damages

Economic damages are also referred to as “special damages” when it comes to vehicle accidents. These types of damages revolve around calculable expenses that an Austin car accident victim will likely sustain after the incident. We can consider these calculable expenses because we can add up the damages by gathering bills, receipts, pay stubs, tax returns, and other verifiable proof.

Some of the most common economic damages associated with vehicle accidents in Texas include:

  • Emergency medical expenses
  • Hospital costs
  • Follow up doctor’s office costs
  • Physical therapy or rehabilitation
  • Surgical expenses
  • Prescription medications
  • Medical devices
  • Lost wages
  • Out-of-pocket expenses
  • Property damage expenses

Adequately calculating economic damages after a car accident involves taking those bills in receipts and finding a total. There will be some challenges when it comes to calculating lost wages if a person is unable to work in the future as a result of a disability or if they cannot return to the same type of work they performed before.

Non-Economic Damages

Non-economic damages are also referred to as “general damages,” and these are less calculable there in the types of losses mentioned above. Unfortunately, there are not necessarily bills and receipts associated with these types of losses that an individual will likely sustain after a vehicle accident occurs. However, these types of damages are just as important, because individuals certainly experience the following:

  • Physical pain and suffering damages
  • Loss of quality of life damages
  • Mental and emotional anguish
  • Loss of consortium for a spouse or family

Calculating non-economic damages after an Austin vehicle accident can be more challenging and typically involves using a multiplier method. This means that an injury lawyer will get the total for all the economic damages mentioned above and then multiply that total by a set number, usually a number ranging from 1.5 to 5. For example, if a person sustains $50,000 worth of economic damages, an injury lawyer may use a multiplier of “three” to reach a non-economic total of $150,000. Overall, the injury lawyer would ask for $200,000 on behalf of their client.

Punitive Damages

Punitive damages are not awarded in every car accident claim in Austin, TX. These types of damages are reserved for situations where a judge or jury determines that the defendant’s actions were egregiously negligent or intentional. Punitive damages are meant to punish the wrongdoer and send a signal to others that the types of actions displayed in the case are not acceptable. Essentially, they should act as a deterrent to others.

How Are Damages From a Car Accident Calculated?

There is no one size fits all response to this question. Depending on the circumstances of the claim, damages for an injury from an auto accident can range anywhere from four figures to seven figures or more. 

Generally speaking, the more severe the injuries, pain and suffering, property damage, impact on the victim, along with their loved ones, loss of income and loss of ability to work. will award larger damages than accidents that are less severe in nature. An experienced car accident attorney in Austin can help estimate the value of an auto accident claim.

What Happens If I’ve Been Hit By an Uninsured Driver in Texas?

Auto accidents can quickly surpass damages that exceed tens of thousands of dollars. In extreme scenarios that result in life-altering serious injuries, and death, these accidents may surpass seven figure settlements.

Medical bills, property damage, emotional damages, loss of enjoyment of life and additional factors and damages can contribute to a large settlement or verdict in a car accident case. If an individual is at-fault in a car accident, and also uninsured by an insurance company, that individual can be held responsible for the damages caused.

In Texas, 8.3% of drivers are uninsured or roughly one out of every twelve drivers on the road are uninsured. When uninsured drivers cause auto-accidents, an experienced lawyer can help.

If this is the case in a car accident, it may be necessary to hire an experienced Austin car accident attorney. A car accident lawyer that is well-versed in auto accident cases can help recover compensation to help off-set the damages caused in an accident by uninsured drivers.

Will My Car Accident Case Go To Court?

Individuals who are injured in car accidents often wonder whether or not they will have to go to court to recover the fair compensation they are entitled to. After an Austin car accident, there is a very good chance that the claim will be resolved through a settlement with the insurance carriers or insurance company involved in the case. The vast majority of all personal injury claims, not just vehicle accident claims, are resolved through settlements with the insurance carrier.

However, that does not mean that a settlement will be easy or necessarily fair. It is imperative to work with an Austin car accident lawyer who can handle all communication and negotiations with the at-fault party’s insurance company in order to ensure that you receive the fair compensation you are entitled to. All too often, insurance carriers try to lowball the settlement in an attempt to get you to take much less than you actually deserve. In some cases, they may deny the claim altogether.

In the event your claim is denied by the insurance carrier, or if they refuse to offer a fair settlement amount, it may be necessary to file a civil personal injury lawsuit against the at-fault driver. This will officially put the case into the court system, but that does not mean you will have to go to court. The discovery process will begin when both sides exchange evidence with one another, and it is likely that negotiations will also continue as more evidence comes to light. In the event a settlement still cannot be reached, then you and your attorney may need to take the case to a jury trial.

Will I Pay Taxes on My Settlement?

When determining whether or not you will pay taxes on a car accident settlement or jury verdict, we will have to examine the different types of damages a person may be able to receive. Typically, we will find that the compensation individuals receive for the medical bills associated with the car accident will not face any taxation at the federal or state levels. The same can be said for compensation related to out-of-pocket expenses caused by the incident as well as any pain and suffering damages a person endures.

However, a major portion of a car accident settlement could revolve around lost wages. In the event an individual is unable to work and secures wage replacement through a settlement or jury verdict, they will have to pay taxes on this compensation. This is typically seen as justified because individuals would have continued to work and made money, thus continuing to pay taxes, had the incident not occurred. This part of the compensation is simply designed to replace the wages a person already would have earned and is taxed accordingly.

In rare cases, punitive damages are assigned if the conduct of the defendant was found to be particularly egregious or intentional. If a car accident victim is awarded punitive damages, this will also likely be taxed.  

If you or somebody you care about expects to receive a settlement or jury verdict compensation after a car accident in Austin, we encourage you to reach out to a skilled accountant who can help you figure out your taxable liabilities.

Our Austin Personal Injury Attorneys know that experiencing a serious auto accident has a significant impact on you, your family and your job. We understand that it’s a stressful time and that stress is only magnified by the pain you’re feeling. We also know that what you need is a partner to focus on all of the things that must be done to obtain the justice you deserve so that you can concentrate on getting better. That’s why we say: “YOU GET BETTER, WE’LL GET JUSTICE.” Our job is to get you the justice that you deserve and allow you to focus on your recovery, your family, and your job. Insurance companies are not your friends and they do not care about you or your family – but our Injury Attorneys at TK Injury Lawyers: Austin Personal Injury do!

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