Protecting Your Rights After a Car Accident

Were you injured in a car accident in Austin? If someone else’s negligence caused you severe harm, or if you lost a loved one in a crash, contact Byrd Davis Alden & Henrichson, LLP right away. Our experienced Austin car accident lawyers will be ready to help you get answers, justice, and fair compensation for the harm you’ve suffered.

As the oldest plaintiffs’ personal injury law firm in Austin, Byrd Davis Alden & Henrichson, LLP, has built a tradition of success in handling the most complex and high-stakes cases.

Since 1959, our attorneys have achieved results for our clients through hard work and zealous advocacy in the courtroom and at the negotiating table. Honesty, integrity and excellence are our hallmarks. We take pride in providing our clients with great communication, attention to detail and first-class legal representation.

Car accidents can be frightening and can put those involved in a state of shock. No one ever wants to be in a car accident, so when it happens it can be frustrating for the involved parties. This is true no matter who is at fault. It is best to remember to stay calm, cool and collected after an accident because getting upset never helps the already negative situation. There are certain things that one must remember to do after an accident, if you are not severely injured. If you are not injured or only suffer from minor injuries, it is best to remember to:

Check that Everyone Involved is OK

The first thing that you must do following an automobile accident is to make sure that you are alright, as well as your passengers and those in the other involved vehicle(s). If anyone is in need of medical attention, more severe than a first aid kit can handle, call an ambulance immediately. The health and well being of the involved parties is the most important thing in a car accident.

Call the Police

Even if you are involved in a minor car accident, it is always a good idea to get the police involved. It is best, even if you are at fault, to contact the police for insurance reasons. Most of the time, police will not arrive on scene unless the accident is more serious, or someone involved is seriously injured. However, it is better to try and call them just in case. If they do arrive at the scene of an accident, they can determine who was at fault. Having a filed police report can help you in terms of insurance down the line, even if the cost is having a ticket given on the scene.

Swap Insurance Information

It is always extremely important to exchange insurance information after a car accident, if all involved parties are not seriously injured. It is best to copy down all information and it also wouldn’t hurt to take photos of the other persons insurance card for reference, in case you lose your written copy. If the other driver is uninsured, file a claim with your insurance company as soon as possible. It is smart to copy down the full name, phone number, address, insurance agency name and client number and the license plate. All of this information can help you either get compensation for the accident or give it if it is needed.

Record the Scene

It is very smart to either keep a small camera in your glove compartment or to have a phone with a camera on it at all times. These can come in handy in the event of an accident because you will be able to properly record all of the damage caused by the accident. You should not only take photos of your own car, but also of the other cars involved.

After you have recorded the scene and swapped insurance information it will be time for you to file a claim with your insurance agency.

Common Causes of Car Accidents

There are numerous actions a driver could take that could lead to a serious car accident. Most car accidents, in fact, are caused by driver negligence. Some of the most common causes of car accidents include:

Reckless Driving

The majority of motor vehicle accidents are caused by human error. Recklessness is when a driver takes a risk despite understanding the possible consequences of their actions. The motorist disregards the safety of others, placing them in great danger. Examples of recklessness include disobeying traffic laws, failing to use headlights at night, and improperly passing vehicles.

Speeding

Speeding greatly increases the risk of a car accident occurring. A speeding driver might not be able to properly control their vehicle. The time it takes to come to a complete stop, or even slow down, is extended significantly when drivers are speeding. If a motorist is speeding, they might not be able to stop or maneuver in time to avoid a collision. Furthermore, car crashes that happen at higher speeds have a much higher potential for causing serious injuries or even fatalities.

Distracted Driving

Distracted driving is among the most common causes of car accidents in the country. Distracted driving involves any activity that takes a driver’s attention away from the road. Common forms of distracted driving include:

• Talking on a phone
• Reaching for a phone
• Sending or reading text messages
• Eating
• Drinking
• Looking at a roadside object
• Daydreaming
• Engaging with passengers
• Adjusting the radio
• Reading books or maps
• Using a navigation system
• Applying makeup
• Grooming
• Adjusting the air conditioning

Drowsy Driving

Accidents frequently occur when a driver is too drowsy or fatigued to safely operate their vehicle. Similar to being impaired by alcohol, fatigue and drowsiness can decrease awareness, slow reaction time, and impair judgment. Drowsy driving can significantly increase the likelihood that the driver will be involved in a car accident.

Drunk Driving

Despite the significant risks and steep penalties, too many drivers still drive while impaired by alcohol. Alcohol reduces the skills needed to operate a vehicle safely as it impairs reaction time, judgment, and vision.

Drugged Driving

Like drivers who drink alcohol, drivers who use drugs and get behind the wheel have impaired motor skills, reaction time, and judgment. Drugged driving endangers the safety of all other drivers on the road and is a form of recklessness and negligence.

Road Defects

Without proper maintenance, roads can deteriorate to the extent that they become dangerous to all drivers who travel on them. Poor road conditions put drivers at great risk.

Types of Car Accident Cases We Handle

At Byrd Davis Alden & Henrichson, LLP, our Austin car accident lawyers have extensive experience representing people who have been injured in a wide variety of collisions. Some of the most common types of car accidents we see include:

Rollover Accidents

A rollover accident happens when a vehicle flips over onto its side or its roof. These accidents are often caused by side-impact collisions at high speeds. Some SUVs and taller vehicles have a higher risk of rolling over in an accident than other types of vehicles.

Head-On Collisions

Head-on collisions involve one vehicle crashing into the front end of another vehicle. These accidents often occur when one driver crosses the center line and enters a lane on the opposite side of the roadway, crashing head-on into a vehicle traveling in the opposite direction.

Side-Impact Collisions

Also known as T-bone accidents, side-impact collisions occur when the front of one vehicle hits the side of another. These accidents often happen when a car runs a stoplight or stop sign and crashes into the side of another vehicle entering the intersection.

Sideswipe Collisions

These collisions happen when one driver swipes the side of a vehicle that is traveling parallel to it. This may occur, for example, when a driver tries to change lanes without checking their blind spots. If the driver who is struck loses control of their vehicle and crashes, they may suffer severe injuries and damage.

Hit-and-Run Accidents

A hit-and-run accident happens when you are struck by a driver who does not stop to exchange information or render aid. It is illegal to flee the scene of a car accident. If you were seriously injured in a hit-and-run accident and the driver cannot be found, Byrd Davis Alden & Henrichson, LLP, will help you file an uninsured motorist claim.

Rear-End Collisions

Rear-end collisions occur when the front of one vehicle impacts another vehicle’s backside. Depending on the circumstances, these accidents can range in severity and the potential for injury. High-speed rear-end collisions can result in serious injuries and even fatalities, and even mere “fender-benders” can result in injuries and property damage.

Multiple Vehicle Collisions

Often referred to as “pile-ups,” multi-vehicle accidents often occur on congested roads like freeways. In these collisions, vehicles may be impacted multiple times. It is also often challenging to determine fault in these cases, which is why it’s critical to retain an experienced car accident lawyer who has handled these cases many times before.

Left-Turn Accidents

Left-turn accidents happen frequently and can lead to serious injuries. They often occur when the motorist making the left turn does not have the right-a-way. In these cases, the car making the turn is responsible for being cautious and only turning once it’s clear to do so safely. Left-turn accidents are most common at uncontrolled intersections.

Common Types of Car Accident Injuries

Some of the most common injuries occupants could suffer in a car accident include:

Whiplash

Whiplash is one of the most common neck injuries suffered in car accidents. It is caused by the sudden back-and-forth movement of the head, which often occurs when a car is struck by another vehicle. Neck pain and swelling are common symptoms.

Traumatic Brain Injury

A traumatic brain injury (TBI) can occur when the brain is jostled within the skull or if the skull is penetrated by a foreign object. A TBI is any disruption in the normal cognitive function of the brain that’s caused by a blow to the head. TBIs are common in car accidents because of the tremendous force of impact. A victim’s head could be thrown violently back and forth or side to side, and could easily strike the steering wheel, dashboard, window, or other surface inside the vehicle.

Chest Injuries

Injuries to the chest are also very common in car accidents. These injuries can be severe in nature, since the chest houses vital organs including the heart and lungs.

Knee Injuries

Knee injuries occur frequently when two vehicles collide. Occupants could suffer blunt force or crushing injuries from the steering wheel, dashboard, or another hard surface. Common knee injuries in car accidents include strains, sprains, fractures, and joint injuries. Some knee injuries could require surgery and lead to long-term mobility issues.

Limb Loss

An arm or leg can be severed in a serious car accident or badly damaged enough to require amputation. An amputation can prevent you from working and participating in the activities you once enjoyed.

Broken Bones

Broken bones, or fractures, are common in severe car crashes. While some broken bones may be treated with a splint or cast, others may require surgery or implant devices and may have long-term consequences. Bones that are commonly broken in car accidents include arms, wrists, legs, knees, ribs, and hips.

Spinal Cord Injuries

Spinal cord injuries are some of the most serious injuries resulting from car accidents. Spinal cord injuries can cause permanent loss of strength, feeling, and function. Sometimes it takes weeks or even months for symptoms to appear. It’s critical that you get examined immediately following the accident. A medical exam also establishes that the accident was the direct cause of the spinal cord injury.

Internal Bleeding

Internal bleeding can be dangerous, especially if not treated promptly after the accident. It’s critical to seek medical attention as soon as possible. If there’s any chance that you may have sustained internal bleeding, see a doctor immediately to ensure you do not have life-threatening injuries.

Lacerations

Lacerations can be caused by flying objects, broken glass, or the impact of an airbag. A laceration can cause profuse bleeding, which requires immediate medical attention, and can leave life-long scars.

Burn Injuries

Victims in car accidents are susceptible to burns from either fire or contact with hot liquids or the hot parts of the vehicle. Severe third-degree burns can cause deep tissue damage that may require years of costly skin grafting and other medical treatment.

Accident FAQ

It is critical that you understand your rights and legal options after a serious accident. You should not rely on information you read online or that you got from a friend or relative — even if that person was also in an accident. What was true in one accident case may not apply to you.

At Byrd Davis Alden & Henrichson, LLP, we offer an initial consultation to answer your questions and explain your options. Our law office is in Austin, and we serve clients throughout Texas.

Below are questions we often receive from people who have been injured in accidents. Remember that every case is unique. Only an attorney who has reviewed the facts of your case can advise you.