Austin Car Accident Attorney

When to hire a personal injury lawyer after a car accident

While very minor car accidents may not require the help of a car accident attorney, you will benefit from having a good lawyer by your side in most situations. Some circumstances in which you should contact an attorney include:

• You’ve sustained injuries of any kind. Whether or not you believe them to be severe, if you’ve had to get medical treatment, visit a hospital, or are experiencing increasing discomfort, it is likely worth your time to contact a skilled injury lawyer. 
• You've missed work or lost income as a result of your injuries.
• The crash involved multiple parties, making liability difficult to determine.
• The accident involved a commercial vehicle, government entity, or rideshare service.
• The insurance company is disputing liability or the extent of your damages.
• You've received a settlement offer that seems low or doesn't cover all your expenses.
• The insurance company is delaying or denying your claim.

Without an experienced Austin personal injury attorney at your side, you’re likely going to be vulnerable to lowball offers from insurance adjusters trying to protect the corporate bottom line. Hiring a car accident attorney doesn’t just get you the legal research and negotiation skills of a professional — it also shows the insurance company that you mean business. 

How to get the best settlement from a car accident?

How you go about securing the maximum compensation possible after a car accident will depend largely on the circumstances of your case. There are, however, some common practices that can help ensure you receive a fair settlement, including:

1. Document everything. Keep detailed records of all medical treatments, expenses, property damage, and how your injuries have affected your daily life and ability to work. 
2. Calculate damages accurately. Work with your attorney to assess both economic damages (medical bills, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). Many accident victims underestimate the full value of their claim.
3. Don’t accept first offers. Insurance companies typically start with lowball settlement offers. Our attorneys know how to negotiate effectively, using evidence and legal precedent to counter inadequate offers.
4. Have evidence ready to demonstrate liability. Your settlement amount depends largely on establishing the other party's fault. Our team conducts thorough investigations, works with accident reconstruction experts when necessary, and builds compelling evidence of liability.
5. Consider future costs. A proper settlement should account not just for current expenses but also for future medical needs, ongoing therapy, potential complications, and long-term impacts on your earning capacity.
6. Be willing to go to trial. While most cases settle out of court, insurance companies have more incentive to fairly compensate you when faced with attorneys who have a reputation for successful litigation.

Essentially, if you want to get the fairest settlement possible for your car accident, you’ll likely need to have a diligent accident lawyer running point on your case. At Smith & Vinson, we handle all aspects of the negotiation process, allowing you to focus on recovery while we fight for the compensation you deserve.

What are the chances of winning a car accident lawsuit?

The likelihood of winning your car accident case depends largely on the circumstances of your accident and the caliber of your legal representation. While each case is unique, there are some things that will help your odds. 

• Clear liability is perhaps the most important factor. When fault can be clearly established through evidence such as traffic camera footage, witness statements, police reports, or violation of traffic laws, your chances of success increase significantly.
  • Texas comparative negligence laws allow recovery even if you were partially at fault, as long as you weren't more than 50% responsible for the accident. Your compensation will be reduced by your percentage of fault, however.
• Quality of evidence directly impacts case outcomes. Strong medical documentation linking injuries to the accident, thorough documentation of damages, and testimony from credible witnesses all strengthen your position.
• The specific insurance companies involved can affect your case, as some have reputations for fighting claims more aggressively than others.
• Your choice of legal representation matters. At Smith & Vinson, our attorneys have extensive experience specifically in Austin car accident cases and have long-standing relationships with local courts, judges, and opposing counsel.

How much does a lawyer get from a car accident settlement in Texas?

Most personal injury attorneys in Texas, including our firm, work on a contingency fee basis. This means:

• No upfront costs or hourly fees
• You only pay if we win your case
• The fee is a percentage of your settlement or verdict amount

The standard contingency fee for car accident cases in Texas typically ranges from 33% to 40% of the recovery amount, depending on case complexity and whether the case settles before filing a lawsuit or goes to trial.

It is a common misconception that personal injury attorneys take dollars away from settlements which would otherwise belong to the injured party — why? The truth is that without the hard work of an experienced attorney, clients are unlikely to get anywhere near the amount of money that they actually deserve. Insurance agents know that injured and underrepresented clients often take anything they can get, and know that they can string you along.

Not with the attorneys from Smith & Vinson at your side. We fight insurance companies so that you can leave your accident behind in the best position possible — and we do so with complete financial transparency. Ever have a question about your settlement or our fees? Just ask.

Common car accident injuries

Car accidents can result in a wide range of injuries, from bruises and broken bones to severe, life-altering injuries. The force of a collision can cause the body to sustain injuries in various ways, depending on factors such as speed, vehicle size, and the use of safety features, like seatbelts and airbags. Some injuries may be immediately apparent, while others might manifest days or even weeks after the accident.

Common car accident injuries include:

• Whiplash and neck injuries 
• Head and brain injuries
• Back and spinal cord injuries
• Broken bones and fractures
• Soft tissue injuries (such as strains, sprains, and contusions)
• Internal injuries (including organ damage and internal bleeding)
• Psychological trauma (such as post-traumatic stress disorder)

These injuries can not only cause physical pain and discomfort but also lead to emotional distress and financial hardship. Seeking immediate medical attention following a car accident is crucial, even if injuries seem minor at first.

Commercial accidents and Austin truck accident lawyers

Accidents involving commercial vehicles present unique challenges that require specialized truck accident attorneys. When you're involved in a collision with a truck, delivery van, or company vehicle in Austin, you face:

• Multiple potentially liable parties, including the driver, trucking company, vehicle manufacturer, maintenance provider, and cargo loaders.
• Complex federal and state regulations governing commercial vehicles, including hours-of-service rules, maintenance requirements, and licensing standards.
• Massive corporate legal teams and insurers with vast resources dedicated to minimizing payouts.
• More severe injuries due to the size and weight disparity between commercial vehicles and passenger cars.
• Specialized evidence from electronic logging devices, maintenance records, and driver qualification files that must be subpoenaed and preserved.

At Smith & Vinson, our commercial accident attorneys know what it takes to go head-to-head with trucking companies and their insurers. Our team moves quickly to preserve critical evidence that might otherwise be lost or destroyed. If you've been injured in an accident involving a commercial vehicle in Austin, don't go it alone. The stakes are too high, and the opposing parties do not care about your well-being. Call the attorneys at Smith & Vinson for help.

What not to say to the insurance company after an accident

Interactions with insurance adjusters can significantly impact your claim, and you’ll likely find yourself talking to them more than once. Your lawyer will advise you on how to handle the insurance company specifically, but in general, you should avoid these common mistakes:

• Never admit fault or apologize, even partially. Statements like "I'm sorry" or "I didn't see them" can be used against you.
• Don't provide recorded statements without consulting your attorney first. Adjusters are trained to ask questions that may undermine your claim.
• Avoid discussing your injuries in definitive terms. Saying "I'm fine" or "It's just a sore back" can limit your ability to claim compensation if your condition worsens.
• Never accept an initial settlement offer without legal advice. Early offers are typically far below the true value of your claim.
• Don't share details about your activities or post on social media, as this information may be used to suggest your injuries are less severe than claimed.
• Avoid speculating about the accident or your medical condition. Stick to facts you know with certainty.
• Never sign medical authorizations providing blanket access to your entire medical history.
• Don't discuss pre-existing conditions without guidance from your attorney, as these things can be unfairly used against you.

How long do you have to file a car accident lawsuit in Texas?

Generally speaking, you have two years from the date of your accident to file a lawsuit against the party or parties who may be liable for your damages. An attorney will typically take this step on the day that they are hired. 

It's important to note that your case can still be settled outside of court. However, taking this step may increase the chances that the defendants in your case negotiate in good faith to resolve the matter before a judge needs to get involved.

Looking for a Texas car accident lawyer? Trust Smith & Vinson to protect your rights.

If you’re looking for an Austin car accident attorney, you don’t just need a lawyer — you need someone to advocate for you and advise you through an extremely difficult period in your life. At Smith & Vinson, we combine aggressive defense of your right to compensation and compassionate personalized care, so that we can see you through to the other side. 

Founding partners Jarrod L. Smith and Brad Vinson are trial attorneys who have made their name going to court and winning cases for their clients. Looking for Smith & Vinson Law Firm reviews? Take a look at what our previous clients have to say, and when you’re ready, call us today at (512) 359-3743 or contact us online today for a free consultation. If you need someone to fight for you and your family, the car accident lawyers at Smith & Vinson are ready to get started.