El Paso Car Accident Attorney

Injured in a Car Accident in El Paso, TX?

Getting into a serious accident can change the course of your life. When another driver behaves recklessly, it can damage far more than just your car. Bodily injuries are almost inevitable when you mix heavy machinery and speed with human negligence, and they can have devastating consequences on everything from your job to your personal life.

When you call the Harmonson Law Firm for help, you take the first step toward making it right and holding the responsible party or entity accountable for their wrongdoing. 

Call (915) 233-6427 or contact us online to speak to our El Paso car accident lawyer about your injuries, and your legal options.

Texas Car Accident Laws

In Texas, car accident laws operate primarily under a fault-based system, meaning the person responsible for causing the accident is also responsible for any resulting damages. After a collision, the injured party has the right to file a claim with their own insurance company, file a third-party claim with the at-fault driver’s insurance provider, or pursue a personal injury lawsuit against the driver directly. This system contrasts with "no-fault" states, where each driver typically seeks compensation from their own insurer regardless of fault.

Texas follows a modified comparative fault rule, also known as "proportionate responsibility." Under this rule, a driver can recover damages only if they are found to be less than 51% at fault for the accident. If the injured party is partially at fault, their compensation is reduced in proportion to their percentage of fault. For example, if a driver is 20% responsible for an accident and is awarded $10,000 in damages, they would receive $8,000.

The state also mandates that drivers carry minimum liability insurance coverage, which currently includes $30,000 for bodily injury per person, $60,000 per accident, and $25,000 for property damage. This is commonly referred to as 30/60/25 coverage. Failing to carry this minimum insurance can result in fines, license suspension, and additional penalties if an uninsured driver causes an accident.

Additionally, Texas imposes a two-year statute of limitations for personal injury and property damage claims resulting from car accidents. This means victims generally have two years from the date of the accident to file a lawsuit. Missing this deadline could result in the court dismissing the case entirely, barring recovery of any compensation.

Lastly, Texas law requires that accidents involving injury, death, or significant property damage be reported to law enforcement. Drivers must remain at the scene and exchange relevant information. Fleeing the scene, commonly known as a hit-and-run, is a criminal offense and can lead to severe penalties including fines, imprisonment, and license revocation.

Common Types of Car Accidents

A car accident is an event in which a vehicle collides with another vehicle, object, or person, often resulting in damage to the vehicle(s) involved, injury to the individuals, or even fatalities. Car accidents can be caused by a variety of factors, including driver error, weather conditions, road conditions, or mechanical failure.

Here are the common types of car accidents:

• Rear-End Collisions: Occur when one vehicle crashes into the back of another vehicle, usually because the driver behind is following too closely or is not paying attention.
• Head-On Collisions: Happen when two vehicles crash into each other from opposite directions, often resulting in serious damage and injuries due to the combined force of the impact.
• Side-Impact Collisions (T-bone accidents): These occur when the front of one vehicle crashes into the side of another, forming a "T" shape. These accidents are common at intersections.
• Sideswipe Collisions: Happen when two vehicles brush against each other while driving in the same or opposite direction, often caused by a vehicle drifting out of its lane.
• Rollovers: Occur when a vehicle flips over onto its side or roof, which can be caused by sharp turns, collisions, or driving on unstable terrain.
• Single-Vehicle Accidents: Involve just one vehicle, often due to the driver losing control, hitting a fixed object, or running off the road.
• Pedestrian Accidents: Involve a vehicle hitting a pedestrian. These accidents are often serious, given the vulnerability of pedestrians.
• Hit-and-Run Accidents: Occur when a driver involved in an accident leaves the scene without exchanging information or assisting the injured.
• Parking Lot Accidents: These accidents typically happen at low speeds when vehicles are maneuvering in parking lots, often involving backing up or collisions while parked.
• Motorcycle Accidents: Involve a motorcycle and another vehicle, often occurring due to the motorcycle being less visible or the rider losing control. They can be particularly dangerous for the rider.

Common Causes of Car Accidents

The common causes of car accidents often involve a combination of factors that can include human error, environmental conditions, and mechanical failure. Below are some of the most frequent causes:

• Distracted Driving: This is one of the leading causes of car accidents. It involves drivers taking their attention away from the road, usually due to:
  • Texting or using a mobile phone
  • Eating or drinking
  • Talking to passengers
  • Adjusting the radio or GPS
• Speeding: Driving above the speed limit reduces the driver's ability to react to unexpected situations and increases the severity of accidents. High-speed driving also reduces stopping distances, making it harder to avoid collisions.
• Drunk Driving: Alcohol and drugs impair the driver’s ability to make sound decisions, react quickly, and maintain control of the vehicle. This leads to accidents, often with serious consequences.
• Reckless or Aggressive Driving: Behaviors such as tailgating, weaving between lanes, not yielding, or overtaking other vehicles in dangerous situations can easily lead to collisions. Aggressive drivers often disregard traffic rules and safety for the sake of speed or frustration.
• Running Red Lights and Stop Signs: Disregarding traffic signals or failing to stop at stop signs can lead to accidents, especially at intersections. This is often the cause of T-bone or side-impact collisions.
• Weather Conditions: Adverse weather conditions such as rain, snow, fog, ice, or strong winds can reduce visibility and traction, making it harder to control the vehicle and increasing the chances of an accident.
• Driving Under the Influence of Drugs: Both prescription and illegal drugs can impair a driver’s ability to focus, react quickly, and drive safely, much like alcohol.
• Fatigue or Drowsy Driving: Tired drivers are less alert, have slower reaction times, and may even fall asleep at the wheel. Driving while fatigued can be as dangerous as driving under the influence of alcohol.
• Inexperienced Drivers: Novice drivers may not yet have the experience to react correctly in high-risk situations. Lack of experience can lead to poor judgment or failure to recognize dangerous conditions.
• Tailgating (Following Too Closely): Not maintaining a safe distance between vehicles can lead to rear-end collisions if the car in front suddenly stops or slows down.
• Running Off the Road: This happens when drivers lose control and veer off the road. It can be caused by speeding, distractions, or environmental conditions, like slick roads.
• Mechanical Failures: Sometimes, a car accident is caused by issues with the vehicle itself, such as brake failure, tire blowouts, or malfunctioning lights. Regular maintenance can help prevent these types of accidents.
• Poor Road Conditions: Potholes, uneven surfaces, or poorly designed roadways can cause drivers to lose control or lead to crashes. Lack of proper signage or road maintenance can also contribute to accidents.
• Driving Too Fast for Conditions: Even if a driver is not speeding over the limit, driving too fast for the conditions (like in heavy rain or fog) can still cause accidents. It reduces the time and distance needed to stop safely.
• Inadequate Vehicle Lighting: Not having proper headlights or taillights can make it difficult for other drivers to see a vehicle, especially at night, leading to collisions.
• Poor Visibility: This can be caused by obstructed view due to fog, snow, or dirty windshields. Reduced visibility makes it harder to anticipate hazards on the road.

Common Car Accident Injuries and Costs

Damages caused by car accidents typically go far beyond dented bumpers and broken windows. Physical injuries are often the most painful, lasting damages you can experience in an accident, and they can affect your work, future prospects, overall health, social life, and more.

Common auto accident injuries that you can be compensated for include:

What is the Car Accident Claim Process?

Your El Paso car accident lawyer will start the process by investigating who is at fault, then will talk to you and your physicians to determine what your claim is worth in terms of medical expenses, lost wages, and pain and suffering. If you are expected to continue to have medical bills and lost wages for a significant length of time your attorney will calculate those costs, along with your pain and suffering costs. A demand letter will then be sent to the at-fault driver’s insurance company. Rarely will an insurer agree immediately to pay the full amount. 

Your attorney will enter into negotiations with the insurer and if no agreement can be reached, a lawsuit will be filed against the insurance company. Even after a lawsuit is filed, the insurance company has until right before the jury reaches a verdict to offer a fair settlement. Otherwise, the decision will be up to the jury. Once a settlement agreement or jury verdict is reached, you should receive your check for damages within about six weeks of the decision.  

Do I Have a Case?

The best way to determine whether you have a valid car accident claim is to speak to a knowledgeable El Paso car accident attorney. An experienced attorney can comprehensively investigate your accident, determining fault and calculating your injuries and damages. If the attorney you speak to doesn’t feel that filing a claim has much chance of success, he or she will tell you this. In cases where the plaintiff shares a significant amount of the liability or has very minor injuries, filing a car accident claim might not be feasible. 

Act today by calling (915) 233-6427 to speak to an El Paso auto accident attorney.