El Paso Car Accident Lawyers

Helping Across the State of Texas

When you are involved in a car accident, your life can be seriously affected in a very negative way. You might have serious injuries and damages that deserve full and fair compensation. Our El Paso car accident lawyers will guide you through your case successfully.

After you have read more here about car accidents in El Paso, please do not hesitate to call Chavez Law Firm today to set up your free, initial consultation. These cases are complicated and you want to ensure that you have the right attorney representing you.

---

The crash statistics for the state of Texas are staggering. In 2017, more than 18,800 crashes were reported in El Paso County alone. Over 2,000 of these crashes involved injury, and 55 of the car accidents resulted in a fatality. Irresponsible and negligent motorists who cause such accidents need to be held liable for their actions. “Accidents” only happen when drivers choose to disregard the rules of the road and decide to use their cell-phone, drink and drive, or break basic traffic laws. When these drivers and their insurance companies don’t take responsibility for the harm that they have caused, the attorneys at Chavez Law Firm step in to hold them accountable and protect the community. Chavez Law Firm is dedicated to the safety of Texas residents and can provide exceptional representation for people who need to obtain compensation for a serious car crash.

Common Car Accident Injuries

The leading cause of traffic collisions in Texas is speeding; this is true for most states. Speeding creates a significantly shorter reaction time for both the driver and the vehicle. Driving in bad weather is dangerous to begin with, but when you speed in bad weather, your chances of getting into an accident increase exponentially. Due to the high number of car accidents, caused by speeding or other factors, that occur each year, car collisions are the leading cause of personal injury claims in El Paso and throughout the United States. Some of the most common injuries include:

• Whiplash
• Seat belt injuries
• Airbag injuries
• Broken bones
• Brain injuries
• Spinal cord injuries

Other damages can include property repair and replacement, medical bills, loss of income, and even mileage to and from doctor appointments. Anyone who has been seriously injured in an accident has every right to obtain fair compensation by filing an injury claim with the help of our El Paso car accident lawyers.

How Car Accident Compensation Works in Texas

When you have been seriously injured in a car accident, there are a few things that you need to understand before you should call a lawyer about your case. You are seeking compensation for your injuries and damages. Generally speaking, the more severe your injuries are, the more your compensation will be. Additionally, you can get economic and non-economic damages. The economic damages are the ones that are easily calculated:

• Past and future medical expenses
• Past and future lost wages

You can typically look at medical receipts, pay wages, and lost hours in order to calculate to the penny how much money was lost. The non-economic damages are harder to calculate and include:

• Past and future pain and suffering

Pain and suffering is a damage that does not have a dollar amount attached to it. It needs to be determined. When determining the amount of non-economic damages you are owed, there are a lot of factors that come into play. If you are not able to do the things you used to do, you cannot return to the same line of work, or you have a decrease in your quality of life, then that is taken into consideration. Once there is a dollar amount determined, there is one more factor that goes into how much you can collect. In Texas, we follow something called modified comparative negligence, which means the role you played in causing the accident will affect your compensation award. Texas does allow you to collect an award even if you are partially at fault. The way modified comparative negligence works is as follows:

• If you are 0% at fault, your compensation is unaffected
• If you are 1% – 50% at fault, you have a reduced compensation award
• If you are more than 50% at fault, you will not be allowed to collect compensation

The fault that you have in the accident will be determined during insurance negotiations. For example, if someone was speeding a little bit while they were driving, but got hit by someone blowing a red light, they might be deemed 10% at fault. If someone with 10% fault was awarded $100,000 in damages, then it would have to be reduced to $90,000 to account for their role in the accident.

Avoid Case-Ruining Mistakes in Your Car Accident Claim

If you have sought out compensation from the liable party’s insurance company, you will likely be getting phone calls from them asking for a recorded statement from you. It is not in your best interest to give them one. When they get recorded statements from people, they are trained to ask questions in a way that could lead to that person giving an answer that could ruin their case. Anything you say, they can use against you. To protect yourself from slipping up and saying something wrong, it is beneficial for you not to give them a recorded statement at all. You are in no way obligated to give them any kind of statement. Instead, you can have your Texas car accident lawyer take over all communication with the insurance company. They will be able to protect your right to full and fair compensation.

Texas Car Accident Statute of Limitations

These cases can be complicated and you do not have an unlimited amount of time. Texas allows two years from the date of your car accident to bring your claim. If you do not bring your claim within two years, you will be barred from receiving compensation. There is a lot of time sensitive stuff in a car accident claim such as evidence at the scene of the crash, testimony from the witnesses before they forget, and avoiding making mistakes that you might not know about if you don’t have a lawyer yet. The sooner you hire one of our Texas car accident lawyers, the more successful your case will likely be.

Accidents Caused by Police Chases

If you’ve sustained injuries or damages because of a car accident that occurred during the course of a police chase, you need to fight for restitution. Whether you were hit by the fleeing suspect or your accident was caused by the pursuing officers, you should not be left to pay the consequences. Do not hesitate to reach out to one of our Texas car accident lawyers with questions if you find yourself in this situation.

Important Steps to Take After a Car Accident

Car accidents are stressful. After a collision, it is important to stay as calm as possible and remember a few important actions.

• Call 911. Even if no one appears to be injured immediately, having police assistance will help to calm the situation.
• Get medical attention. If you are not seriously injured and don’t need to be transported to the hospital from the accident, you should still get assessed by a doctor. Some injuries may become apparent in the days following the collision. If you don’t get a doctor’s assessment, you may find it difficult to prove that your injuries actually came from the accident. Be sure to keep all documentation about all the medical care that you receive. This could be vital later on in the case.
• Don’t admit fault. The police and insurance companies may ask you a number of questions about the accident. It’s important to stick to the facts and that you don’t admit it was your fault in any way. This could be used against you when you try to claim compensation.
• Document the scene of the accident. Take pictures of everything – the damage to your car and personal property, your injuries, skid marks in the road, and the location of the accident.
• Get a copy of the police report. You have the right to get a copy of the police report. Insurance companies will often accept police reports as a credible source of information.
• Contact a lawyer. Our skilled Texas car accident lawyers can walk you through the process of filing an injury claim and protect your rights throughout your case.

Immediate Steps to Take After a Car Accident

In the moments following a car accident, it is essential to prioritize safety and gather crucial information. First, ensure that everyone involved in the accident is safe and call emergency services if there are any injuries. It is important to remain at the scene of the accident until the authorities arrive. Moving your vehicle to a safe location, if possible, can help prevent further accidents or injuries. Once you have ensured everyone’s safety, exchange information with the other driver, including names, contact information, insurance details, and license plate numbers. Additionally, collect the names and contact information of any witnesses to the accident. Documenting the scene is a vital step in the claim process. Use your phone or a camera to take photographs of the accident scene, including the positions of the vehicles, any visible damage, road conditions, and any relevant traffic signs or signals. These photographs can serve as valuable evidence when filing your claim. It is also important to take notes about the accident, including the time and date, weather conditions, and any statements made by the other driver or witnesses.

Reporting the Accident to the Authorities

In Texas, you are required to report any car accident that results in injury, death, or significant property damage to the police. When the police arrive at the scene, provide them with an accurate and detailed account of what happened. The police will create an accident report, which will be an essential document when filing your claim. Be sure to obtain a copy of the police report, as it contains important information about the accident and the parties involved. If the police do not come to the scene, you may need to file a crash report with the Texas Department of Transportation. This report is known as a CR-2 form and must be submitted within ten days of the accident if the police did not investigate the crash. The form requires information about the accident, including the date, location, and a description of what happened. Filing this report ensures that there is an official record of the accident, which is crucial for your claim.

Seeking Medical Attention

Even if you feel fine after the accident, it is essential to seek medical attention as soon as possible. Some injuries may not be immediately apparent, and a medical professional can identify and document any injuries you sustained. Prompt medical attention not only ensures your health and well-being but also provides important documentation for your claim. Keep all records of medical treatments, prescriptions, and follow-up appointments, as these documents will be necessary when proving the extent of your injuries and the impact on your life.

Notifying Your Insurance Company

Contact your insurance company to report the accident and initiate the claims process. Provide them with all the information you collected at the scene, including the police report, photographs, and witness statements. It is important to cooperate with your insurance company and provide them with any additional information or documentation they request. Be honest and accurate in your statements, as any discrepancies could affect the outcome of your claim. When dealing with insurance adjusters, be cautious about discussing fault or the specifics of your injuries until you have a complete understanding of your medical condition and the accident’s details. Insurance companies may attempt to minimize their liability and offer a lower settlement than you deserve. Consulting with an attorney can help ensure that your rights are protected and that you receive fair compensation for your injuries and damages.

Filing a Claim with the At-Fault Driver’s Insurance Company

In Texas, the driver who is at fault for the accident is responsible for covering the damages. After notifying your insurance company, you will need to file a claim with the at-fault driver’s insurance company. This process involves submitting the same documentation you provided to your insurance company, including the police report, photographs, witness statements, and medical records. The at-fault driver’s insurance company will conduct their investigation to determine liability and the extent of the damages. During this process, you may be contacted by the at-fault driver’s insurance adjuster. Be cautious when speaking with them and avoid making any statements that could be used against you. It is often beneficial to have an attorney represent you in these communications to ensure that your rights are protected and that you do not inadvertently harm your claim.

Negotiating a Settlement

Once the insurance companies have completed their investigations, they will determine the amount of compensation to offer. This settlement should cover medical expenses, property damage, lost wages, and any other losses you have incurred as a result of the accident. It is important to carefully review any settlement offers and consider whether they adequately compensate you for your damages. Negotiating a fair settlement can be a complex and challenging process. Insurance companies often aim to minimize their payouts, and their initial offers may be lower than what you deserve. Having an experienced attorney on your side can significantly improve your chances of securing a fair settlement. Your attorney can negotiate on your behalf, presenting evidence and arguments to support your claim and ensure that you receive the compensation you need to recover fully.

Filing a Lawsuit if Necessary

If you are unable to reach a fair settlement with the insurance company, you may need to file a lawsuit to pursue the compensation you deserve. In Texas, you have two years from the date of the accident to file a personal injury lawsuit. Filing a lawsuit involves several steps, including drafting and filing a complaint, serving the defendant, and engaging in the discovery process, where both parties exchange evidence and information. Going to court can be a lengthy and complex process, but it may be necessary to achieve a fair outcome. Your attorney will represent you throughout the litigation process, advocating for your rights and presenting your case to a judge or jury. If your case goes to trial, the court will determine the amount of compensation you are entitled to based on the evidence presented.

Understanding Texas’ Comparative Fault Rule

It is important to understand that Texas follows a comparative fault rule when determining liability in car accidents. This means that if you are found to be partially at fault for the accident, your compensation may be reduced by the percentage of your fault. For example, if you are found to be 20% at fault and your damages total $100,000, your compensation would be reduced by 20%, resulting in a $80,000 award. If you are found to be more than 50% at fault, you will not be eligible to receive any compensation. Because of this rule, it is crucial to present a strong case that accurately reflects the other driver’s fault and minimizes your own liability. An experienced attorney can help you gather evidence, build a compelling case, and navigate the complexities of Texas’ comparative fault rule.

The Immediate Impact of a Police Report

After a car accident occurs, especially when injuries or significant property damage is involved, contacting law enforcement is one of the first steps people should take. Police officers who arrive at the scene are tasked with documenting everything from the road conditions to the extent of the damage to vehicles. The officer will interview those involved in the accident, as well as any witnesses, to gather as much information as possible. All of this goes into the police report, which can serve as a neutral account of the event. The immediate impact of this report is that it provides an objective perspective that is difficult for anyone involved to offer. The people in the accident may be confused, hurt, or emotional, which can cloud their memory or understanding of what happened. The police officer, on the other hand, approaches the situation from a different angle, compiling the facts based on what they see and hear. This neutrality is one of the reasons police reports carry significant weight in the days following an accident.

Establishing Fault Through a Police Report

One of the most important roles a police report plays in a Texas car accident case is helping to establish fault. Fault is a critical factor in determining who will be responsible for covering the costs associated with medical bills, vehicle repairs, and other damages. In Texas, which operates under a modified comparative fault system, determining fault can be complex. Each party’s responsibility for the accident is measured in percentages, and this affects the compensation they can receive. The information in a police report provides key insights into how the accident occurred. This includes the officer’s observations about the positions of the vehicles, weather conditions, any citations issued, and statements from those involved. While the officer does not have the final say in determining legal fault, the report is often used by insurance adjusters and attorneys as they work to assign responsibility. The police report can serve as a starting point for negotiations between parties or in the courtroom if a lawsuit is filed. For instance, if the report notes that one driver was cited for running a red light or failing to yield, this can be a strong indication of fault. Similarly, if the officer observes skid marks that suggest one driver attempted to brake before impact, this information can also be crucial in determining who was at fault. The report, therefore, serves as an essential piece of evidence when trying to assess liability.

The Role of Police Reports in Insurance Claims

Police reports also play an integral role in the insurance claim process. When someone files a claim with their insurance company, or the other driver’s insurance company, the police report is typically one of the first documents that will be requested. Insurance companies rely on the details in these reports to evaluate the accident and make determinations about payouts. In Texas, where the laws surrounding car accidents can be complicated, having a police report that outlines the key facts can help expedite the insurance process. The insurance company may look at factors such as whether any citations were issued, what the officer observed at the scene, and whether any third-party witnesses corroborated the stories provided by the drivers. In many cases, insurance adjusters use the police report to determine the strength of a claim and the likelihood of a settlement. If an insurance company disputes the version of events provided by the individual filing the claim, the police report can serve as a valuable piece of evidence to counter those disputes. Because the officer is seen as a neutral third party, the report carries significant weight in these discussions. Without the report, individuals may find it more challenging to prove their side of the story, especially if the other party offers a conflicting account of the accident.

The Importance of Accuracy in a Police Report

Given how crucial police reports are in determining fault and processing insurance claims, it is essential that these reports are accurate. If a person involved in the accident believes there are errors or omissions in the report, they have the right to request amendments. While this process may not always result in changes, particularly if the officer feels their observations were correct, it is important to review the report thoroughly after the accident. In some cases, the officer may have misunderstood or misinterpreted statements made at the scene, especially if those involved were under stress or in pain. These small mistakes can have a significant impact on the outcome of the case. Therefore, promptly reviewing the report and bringing any inaccuracies to the attention of the authorities can be critical in ensuring a fair evaluation of the accident.

Using Police Reports in Court

While police reports are incredibly helpful in the claims process, they can also play a role in court cases if an accident leads to litigation. In Texas, when car accident cases go to court, the police report is often one of the key documents introduced as evidence. However, it is important to note that police reports are generally considered hearsay, meaning that they may not be admissible as direct evidence in every instance. Instead, the officer who wrote the report may be called to testify, explaining their findings and observations in court. Despite these limitations, police reports can still provide valuable context and support for a plaintiff’s or defendant’s case. They offer a written record that can be referenced during testimony, and they help ensure that the facts of the accident are laid out clearly. In many instances, police reports can sway a judge or jury’s opinion, especially when paired with other evidence such as photographs, witness testimony, or opinions. Therefore, even though the report itself may not always be used directly in court, it can still have a profound influence on the outcome of the case.

The Long-Term Value of a Police Report

Beyond the immediate aftermath of an accident, police reports continue to hold value for an extended period. In Texas, where the statute of limitations for filing a personal injury lawsuit after a car accident is two years, having a police report on file ensures that the facts of the case are preserved. This can be particularly important if the case takes time to resolve or if new evidence arises later that needs to be compared with the information gathered at the scene. Because memories fade and details become harder to recall, having an official record in the form of a police report can serve as a safeguard against the passage of time. This document can be revisited throughout the legal process, offering a consistent account of what happened at the scene of the accident.  

Frequently Asked Car Accident Questions

CONTACT CHAVEZ LAW FIRM FOR A FREE CONSULTATION

You deserve to have strong, dedicated, and experienced representation for your case. Our El Paso car accident lawyers are here to guide you every step of the way to get you the results you need. Please call Chavez Law firm today to set up your free, initial consultation. We keep an eye toward trial for each case.