When to Hire an Attorney After a Car Accident

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The Accident Scene

The sounds of tires squealing on the pavement, the resulting crash of impact, shattering glass, and the whine of oncoming sirens are terrifying enough to chill anyone’s blood. For a few seconds after a collision, everything might even seem silent. A fine powder from the deploying airbag might hang in the air, and you might notice the rush of cars passing by as you try to sort out exactly what happened. In that split second, when your vehicle crumpled against another, your journey transformed from a routine drive into a life-changing accident. In the span of just a few heartbeats, everything changed.

What happens next?

Keep these basic steps in mind, but if you were already in an accident, hiring a lawyer will help even more:

  • Whatever you do, don’t leave the scene of the accident. Contact first responders by dialing 911, preferably with a cell phone, or ask someone who has witnessed the accident to call for assistance.
  • Check to see if you and your passengers are in immediate danger. Carefully exit the vehicle if this is the case, such as fire, heavy traffic, or bad weather that might put you at risk for more injuries. If there is no immediate danger, stay put and wait for help.
  • Check to see the condition of the driver and passengers of the other vehicle.
  • The next thing is essential to remember. You have just been in an accident, and you might not be thinking clearly. Do not assume fault for the accident.
  • Exchange information with the other driver if possible.
  • Gather as much information as you can. Take pictures of the accident scene, both vehicles, insurance information, license plates, and even use your smartphone to record contact information with any witnesses. You cannot rely solely on police to provide this information, as it may not always be accurate. Try to eliminate as many points of human error between yourself and a possible court hearing as possible.
  • Take pictures of the road, intersection, or other conditions that set the stage for the accident. Most cell phones are an excellent resource for gathering information. In your rattled condition, a picture of an insurance card is much more reliable than trying to write down the information.
  • Try to remain calm at all times. You are not obligated to engage anyone in an argument or other altercation. After all, emotions might be running very high at this point, and it is more helpful for everyone involved to act with a clear head.
  • Contact an attorney before contacting your insurance company. An attorney can advise you of your options and how to best move forward with your claim.

Some causes of accidents

Accidents do happen, even though the probability of a car accident decreases the more vigilant both drivers are.

Here are some common causes of accidents that have the potential to change your life in ways you never wanted:

  • Cell phones: As handy as they are, and as much as we’ve come to rely on them, drivers distracted by cell phones cause a large percentage of accidents.
  • Texting and driving: Texting and driving is perhaps one of the most deadly culprits of being distracted and driving simultaneously. Was the person who hit you texting before the collision?
  • Driving under the influence: Whether it is alcohol or other substances, being intoxicated and operating a motor vehicle reduces reaction time and might even create a sensation of “target fixation” where a driver will inadvertently veer into other cars. Did you notice empty liquor bottles in the other driver’s vehicle, or did you smell alcohol on their breath? Were their pupils pin-holed or dilated?
  • Defective vehicles: Vehicles with defective safety devices such as mirrors and turn signals make it harder to avoid accidents since they provide crucial information to other drivers sharing the road. Structural problems throughout the vehicle, like bad brakes, might also create problems.
Texas car accidents

Common Injuries

We often take for granted just how dangerous driving our vehicles around every day actually is. Even a car in top condition with regular maintenance and inspections is still thousands of pounds of steel, glass, and rubber traveling down the road at high speeds. Just a little bit of water on the road can cause skids and collisions. We are at the mercy of other factors, too, such as the skill of other drivers and whether or not they are distracted or driving aggressively.

Common injuries following car accidents include:

  • Traumatic brain injury: When two massive objects such as cars collide, the soft tissues of those riding inside are affected by physics, which means that the brain can be bruised by sudden impacts, even without signs of direct trauma. Studies show that concussions and other brain injuries may have long-lasting consequences and even lead to permanent disability.
  • Whiplash: Injuries to the neck and spine may result in nerve damage throughout the body and even require surgery. Shortly after an accident, an injury of this sort might not be apparent; but it may present significant problems further down the line.
  • Internal bleeding: At the scene of an accident, even if you don’t have cuts or breaks, you might have been injured in less obvious ways. A ruptured spleen or liver might not be noticeable right away.
  • Serious injuries: Due to the severity of impact on our soft tissue and bones, an auto accident can cause significant damage, including dismemberment and death.
  • Psychological damage: Surviving a car accident can also carry long-term mental health repercussions. The trauma of the impact might lead to post-traumatic stress disorder, nightmares, cognitive difficulties, and other conditions.

Insurance

Unfortunately, dealing with insurance companies is not one of the more manageable parts of dealing with a car accident. Insurance companies might try to low-ball their customers to settle a claim more quickly than they should. An attorney might get better results in negotiations with an insurance company than private customers.

Negligence

All drivers are responsible for operating their vehicles safely and following the rules of the road. Distracted, intoxicated, or reckless drivers should be held accountable for the damages and injuries their actions caused.

When to call an attorney

In short, after an auto accident, contact an attorney to navigate your insurance claim or even take your case to court. This is especially true if injuries or significant damages to your property are involved. In the unfortunate event of serious injury, death, or permanent disability, an attorney will help you fight for your rights and compensation to start your life over again.

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The timeline varies significantly depending on the complexity of your case, the severity of your injuries, how long your medical treatment takes, and whether the case settles through negotiation or goes to trial. Some cases resolve in a few months, while others can take a year or more.

Yes, under Texas's modified comparative fault rule, you can still recover damages even if you were partially at fault, as long as your fault is determined to be 50% or less. Your settlement amount would be reduced by your percentage of fault.

A settlement is an agreement reached between the injured party and the at-fault party (or their insurance company) outside of court. A verdict is the decision reached by a judge or jury after a case goes to trial.

Generally, compensation received for physical injuries and sickness in a personal injury settlement is not taxable by the IRS. However, punitive damages or compensation for lost wages (depending on how it's categorized) might be. It's always best to consult with a tax professional.

A lawyer helps you get a higher settlement by accurately valuing all your damages (including future medical needs and pain and suffering), gathering strong evidence, proving liability, handling all communications and negotiations with insurance companies, and being prepared to take your case to court if a fair settlement is not offered.

The Kenny Perez Law Difference

At Kenny Perez Law, we bring all of these qualities to every personal injury case we handle. Our deep roots in the Rio Grande Valley community, combined with our proven record of success, make us the right choice for injury victims throughout Brownsville and surrounding areas.

  • Personal attention: You'll work directly with experienced attorneys, not paralegals or case managers
  • Bilingual services: Fully fluent English and Spanish communication at every stage
  • Transparency: Clear explanations of your case, options, and realistic expectations
  • Availability: We\'re here when you need us, including emergency situations
  • Compassion: We understand you\'re going through a difficult time and treat you with respect and empathy
  • Aggressive advocacy: We fight tirelessly for maximum compensation while insurance companies fight to minimize payouts
  • Over 300 five-star Google reviews from satisfied clients
  • Millions recovered for injured victims across the Rio Grande Valley
  • Proven trial experience in Cameron County District Court
  • Successful outcomes in complex cases involving catastrophic injuries
  • Strong reputation among judges, opposing counsel, and the legal community

We have the resources to handle even the most complex personal injury cases:

  • Network of expert witnesses across multiple specialties
  • Advanced technology for case presentation and trial graphics
  • Financial resources to advance case costs during litigation
  • Relationships with medical providers who work on lien arrangements
  • Investigative capabilities to thoroughly document liability and damages

As a local firm with offices throughout South Texas, we\’re invested in this community:

  • We live here and raise our families here
  • We understand the challenges facing Rio Grande Valley residents
  • We're committed to making our community safer by holding negligent parties accountable
  • We support local organizations and give back to the community we serve
  • Personal attention: You'll work directly with experienced attorneys, not paralegals or case managers
  • Bilingual services: Fully fluent English and Spanish communication at every stage
  • Transparency: Clear explanations of your case, options, and realistic expectations
  • Availability: We\'re here when you need us, including emergency situations
  • Compassion: We understand you\'re going through a difficult time and treat you with respect and empathy
  • Aggressive advocacy: We fight tirelessly for maximum compensation while insurance companies fight to minimize payouts
  • Over 300 five-star Google reviews from satisfied clients
  • Millions recovered for injured victims across the Rio Grande Valley
  • Proven trial experience in Cameron County District Court
  • Successful outcomes in complex cases involving catastrophic injuries
  • Strong reputation among judges, opposing counsel, and the legal community

We have the resources to handle even the most complex personal injury cases:

  • Network of expert witnesses across multiple specialties
  • Advanced technology for case presentation and trial graphics
  • Financial resources to advance case costs during litigation
  • Relationships with medical providers who work on lien arrangements
  • Investigative capabilities to thoroughly document liability and damages

As a local firm with offices throughout South Texas, we\’re invested in this community:

  • We live here and raise our families here
  • We understand the challenges facing Rio Grande Valley residents
  • We're committed to making our community safer by holding negligent parties accountable
  • We support local organizations and give back to the community we serve

Contact Kenny Perez Law Today

Don’t let insurance companies take advantage of you. Don’t accept less than you deserve. Don’t face this challenge alone.

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