Every
year more than 3,000 people are killed in auto
accidents on Texas roadways. According to the
National Highway Traffic Safety Administration
(NHTSA), there were more than 6 million reported car
accidents in 2004. While the majority of automobile
accidents involved only damage to property, 38,000
peoples’ lives were lost and nearly 2 million people
were injured.
Barry & Loewy LLP has experience and a record of success in representing people injured or killed in automobile accidents. If you are involved in a car accident in Texas, it is important that you obtain a lawyer that is experienced in handling Texas auto accidents to represent you. Click here for a free Car Accidents claim review or see our Car Accidents FAQs page for more information.
In Texas, there is a procedure in place to determine whether negligence is involved in a car accident. It is called “proper lookout,” and this means that the driver has to observe all the circumstances of driving in order to prevent a car accident. Thus, drivers have a duty to pay attention to the road as well as to other drivers. The failure to observe this simple rule could result in an automobile accident because of that driver’s negligence or inattention.
Even minor car accidents can produce injuries that are disproportionate to the event, and symptoms may not arise until well after the original accident. People involved in auto accidents include:
- Drivers of vehicles where the driver is at fault.
- Drivers of vehicles involved in accidents where another driver was at fault.
- Passengers in vehicle accidents whose driver or the driver of another vehicle was at fault.
- Pedestrians hit by vehicles.
- Cyclists and motorcycle riders hit by motorists.
Under Texas and federal law, those injured in car accidents caused by the negligence or recklessness of others are entitled to file a civil action suit – called a “tort” – against those who caused them harm. The plaintiff (claimant) files a lawsuit against the party that caused the injury (defendant). If negligence is proven, the defendant must pay the plaintiff monetary “damages” that may include consideration for present and future loss of earnings, medical expenses and pain and suffering. In order for the plaintiff to recover damages, a skilled attorney must prove the critical elements of negligence:
- The defendant had a duty to the plaintiff.
- The defendant failed in that duty.
- The plaintiff was injured and damaged as a result of the defendants’ breach of duty.
In Texas, automobile owners are required to carry proof of insurance coverage. If the other driver has no liability insurance or not enough insurance to pay for your injuries, your own policy may provide enough coverage to protect you against uninsured or underinsured motorist. It is best to consult an attorney at Barry & Loewy LLP to seek advice regarding potential damages against the driver of a motor vehicle under these circumstances:
- There was a fatality.
- Bones were broken or fractured.
- There is permanent and serious injury or disfigurement.
If you are entitled to damages, your compensation may include medical expenses, lost income, property damage, and pain and suffering damages. If the accident was caused by someone else’s exceedingly reckless or careless behavior, you may also be entitled to punitive damages.
Automobile accident victims are often overwhelmed and suffering from a multiplicity of injuries - emotional, physical and financial. If you are injured in a car accident, Barry & Loewy LLP can assist you in receiving compensation for your injuries, lost wages and other damages.
If you or a loved one have been seriously injured or killed in a car
accident, please contact Barry & Loewy
LLP today.
For more information, please see our Car
Accidents Frequently Asked Questions.
