A car accident can completely derail a person’s life. Even seemingly minor car accidents can leave victims with injuries lasting months or years, and catastrophic accidents can affect the rest of a person’s life. Our Texas car accident lawyers at Pastrana & García Injury Law believe in fighting for your rights through a personal injury claim or wrongful death case.
We’re experienced in dealing with the various injuries, liabilities, and types of car accidents that happen on Texas roads. Our firm has been working on personal injury cases for over 30 years, and we can help you secure the compensation you deserve for your accident.
Type of Car Accidents
Different situations can lead to different types of accidents, and these different types of accidents all have common injuries associated with them. Some of the types of accidents we most frequently see include:
Head-on Collisions
Head-on collisions are some of the most dangerous types of collisions because of their forceful impact. The directness of the impact leads to devastating injuries. The higher the speeds, the greater the chance of serious injury or fatality. Some experts recommend avoiding head-on collisions by adjusting the trajectory of your vehicle, if possible; a side-swipe or side collision usually has less damage.
T-Bone, or Side Collisions
T-bone collisions, where one car hits another car squarely on the side, are usually not as deadly as head-on collisions–although they still carry a high risk. These collisions are often seen at intersections or when one driver runs a red light.
Rear-End Collisions
Rear-end collisions, where a car behind slams into the car in front, has the possibility to cause a chain reaction of cars slamming into each other, causing more injuries and damages. Rear-end collisions are often seen in urban areas, where there is a lot of stopping and starting. Even slight rear-end collisions can lead to whiplash.
Rollovers
Rollovers are where a car physically rolls over its hood or to the side. These are extremely dangerous accidents, and certain types of cars are more susceptible to them than others. Rollovers have a high rate of serious injuries and fatalities.
Side-Swipe Accidents
Side-swipe accidents are where two cars graze and/or impact each other on their sides. While this isn’t usually as serious as some other types of accidents, it can still lead to injuries that may take months or years to heal.
Single-Vehicle Crashes
Single-vehicle crashes involve just one car. They may occur when someone is run off the road or from the fault of the driver through distracted driving, alcohol impairment, or other causes.
Multiple-Vehicle Crashes
Multiple-vehicle crashes involve two or more cars. When more than two cars are involved in an accident, insurance demands from competing insurance companies can get confusing.
Car Accidents Involving Other Vehicles
Car accidents don’t only happen between cars — accidents with commercial trucks, motorcycles, pedestrians, or buses may greatly complicate a car accident.
Texas Car Accident Statistics
In 2021, there were 42,939 fatalities from car accidents — 10% of those were crashes that occurred in Texas. While thousands are killed, millions more are injured. In 2022, a combination of serious and minor injuries reached nearly 110,000 people. That number is for Texas residents alone.
With Texas counting for 1/10 of the nation’s fatalities when it comes to car accidents, it’s especially important to be safe on the road. Some more serious statistics regarding driving patterns in Texas take into account the various causes in 2022:
- Nearly 3,500 accidents were caused by cell phone usage
- Over 1,600 accidents were caused by road rage
- Over 18,000 accidents were caused by drug or alcohol usage
These accidents are not only tragic; they’re preventable. Everyone has the responsibility to make the roads as safe as possible. When other drivers are negligent or careless, accidents happen.
Efforts to make the Texas roads a safer place to travel are being made. Currently, through efforts of the Texas Department of Transportation (TXDOT), campaigns are sweeping the state. TxDOT’s “Be safe. Drive Smart” campaign focuses on driving safer in work areas, and the #EndTheStreakTX campaign focuses on the fact that over 20 years have gone by where there hasn’t been a single death-free day on the roads.
Common Causes of Car Accidents
Car accidents stem from many sources, from poor choices to negligent behavior. The cause of a car accident helps to determine which driver is responsible, or more responsible, for the accident. Some of the main reasons for car accidents include:
- Drunk drivers or drivers who operate a vehicle while under the influence of drugs
- Drowsy or fatigued drivers who fall asleep at the wheel
- Distracted drivers, who may have diverted their attention from the road
- Poor weather conditions
- Road rage, where a driver channels their anger at another driver
- Passing another car in a dangerous or reckless manner
- Speeding
- Failing to signal when turning
- Failing to signal when passing another car
- Running a red light or rolling through a stop sign
- “Racing” through a yellow light
- Failing to give right of way
- Turning on red at a “no turn on red” intersection
- Careless driving around pedestrians or bikers
Many accidents can be prevented with a little more caution. Your focus on driving can save lives — your own or another driver’s.
A Note About Distracted Driving
We live in a busy world, and our attention is pulled in multiple directions, but that’s incredibly dangerous when on the road. You might not even think you are driving while distracted until something happens. Distracted driving might look like:
- Talking on a cell phone
- Texting
- Changing the radio station
- Talking to a passenger
- Trying to reach something
- Dealing with small children
- Eating or drinking while driving
Distracted driving is dangerous, and it also poses the risk of decreasing your injury compensation, as distracted driving is seen as being partially at fault for the accident. Make wise choices when on the road. Below is a list of ways you can protect yourself and others on the road.
Before you get into a vehicle, make sure:
- You are not impaired to drive
- You are not sleepy or fatigued
- You have set aside all distractions and are ready for your trip
- You know your route
- You are in a neutral state and not feeling rushed–anger or frustration can lead to road rage
- You are aware of the weather conditions
Following these tips can go a long way to protecting you and others and avoiding the causes of accidents listed above.
What To Do After a Car Accident in Texas
When a car accident significantly upends your life, it’s important to remember that you can turn to experienced professionals who have handled this situation before. Pastrana & García’s priority is you, and we want you to protect yourself, physically and financially, as best as possible. After a car accident, make sure you do the following:
- Get seen by a doctor as soon as possible. This also means that you need to keep the medical records from that initial exam and all other exams or treatments in a secure place; having the medical backing that confirms your injuries is essential to a personal injury claim.
- File a police report, preferably on the scene of the accident. If you can’t file at the scene (for example, you are taken to a hospital in an ambulance), make sure you get a copy of the paperwork that was filed.
- Collect evidence or witness statements. If you are unable to do so directly after the accident, try to reach out to people after.
- Record everything you remember from the accident. Continue recording your journey through healing from your injuries. You can make these notes on a computer or in a notebook. Make sure you date your entries.
- Contact Pastrana & García Injury Law as soon as possible. After an accident, you’ll want the experience of our team to help you navigate insurance claims that may lowball your compensation. Don’t fall victim to insurance agents who want you to settle for less than you need. Our first consultation is free, and we can answer the questions you have about your accident.
By following the above steps, you’ll put yourself in a more secure place when filing your personal injury claim.
Evidence and Liability in Car Accident Cases
Even if you know that you were not at fault for an accident, you still need to prove that the other driver was responsible for the accident or negligent in some way in order to assert your claim. This requires collecting evidence surrounding the crash. Evidence can come in many different forms:
- Doctor’s notes and medical statements/billing
- Witness statements
- Your own personal testimony relating to the accident and subsequent injuries
- Pictures of your injuries and their healing process
- Bystander photographs or videos of the accident
- Dash-cam footage from one or more vehicles
- Traffic camera footage of the accident, if available
- The official police report
It’s essential that when you set out for a personal injury claim that you keep these matters private; we advise our clients to stay off of social media and avoid talking about activities you may take part in, because the insurance companies can and will use any tactics to try to discredit your injuries.
What Damages Can I Collect if I'm Involved in a Car Accident in Texas?
When we help you regain compensation, we will make sure to include both economic (monetary) damages and non economic (emotional or other) damages. We will include the following in our request:
- The total cost of your medical bills
- Future medical needs
- Lost wages from the time taken off of work
- Future lost wages or adjustments if a different job must be found
- Quality of life
- Pain and suffering
The amount of money that you can expect is different for each car accident, depending on the circumstances. Talk to our lawyers today for your personal estimation.
Understanding the Texas Modified Comparative Negligence Rule
While some states follow strict contributory negligence, meaning you can’t seek compensation if you were at fault at all, Texas follows a modified comparative negligence rule. This means that anyone who is less than 51% responsible for the accident can request compensation through a personal injury claim.
It’s also possible that you were partly responsible for causing the accident, meaning that some of the responsibility lands on you. Some examples of being partially responsible for an accident include:
- Driving above the speed limit
- Not wearing your seatbelt
- Forgetting to signal
- Driving while drowsy
Even if you are partially responsible for the accident, you still have the opportunity to file for compensation. The percentage you’re deemed responsible for the accident, however, decreases your payment. Opposing insurance companies — and even your own insurance companies — are notorious for using any shred of responsibility against you. Allow our team to help you navigate the complexities of your accident so you can receive the highest compensation possible.
Texas Statute of Limitations for Car Accidents
Car accidents fall under the two-year statute of limitations, which prevents someone from seeking monetary compensation for injuries or damages more than two years after the accident occurred. Waiting too long could mean you aren’t able to collect anything.
While two years may seem like a generous amount of time to gather all the information you need to put together a personal injury claim, it can be an exhausting process of finding and contacting bystanders and collecting medical evidence and bills. Plus, the longer you wait into that two-year time limit, the more difficult it will be to find people who remember the accident and can act as witnesses. A legal team can make this process much smoother and make sure your paperwork is filed within the deadline.
When To Hire an Attorney for a Car Accident
We recommend that you seek out an attorney as soon as possible for your car accident needs. As stated, two years might seem like a reasonable amount of time to accomplish evidence-finding, but the sooner we can get started on your case, the more likely we’ll be able to help you collect solid evidence. Our team can:
- Find and talk to witnesses
- Contact the police department
- Negotiate with insurance companies (yours included) on your behalf
Even if you’re nearing the end of your two-year statute of limitations for your accident, don’t hesitate to reach out. Our lawyers are resourceful and will give you solid advice. It’s important that you find a team that you trust to take on your claim. Talk to our offices today and schedule your free consultation.
Changing Times: Texas Laws You Need to Know to Stay Safe on the Road
Keep yourself in the know. Our lawyers are up to date on all the latest knowledge and changes going on at TxDOT. Did you know that starting in 2025, many Texas drivers won’t have to have safety inspections for their vehicles? While this can lead to less hassle getting on the road, it could cause more problems while driving. Stay smart, and stay safe. We can keep you posted on the progress of this change.
Contact Pastrana & García Injury Law Today
Your car accident injuries deserve to be represented. Our car accident lawyers are ready to assist you. We work with a client-first mindset, where empathy for you comes before all else. With that in mind, we will fight for your deserved compensation. Contact our legal team today to get started — call us at 512-474-4487 or reach out to us online.
