Car Accidents – What Victims and Attorneys Need to Know

Car accidents are among the most common causes of personal injury claims in Texas. Every year, thousands of people are injured in crashes that could have been prevented. For victims, the aftermath of a car accident can mean mounting medical bills, time away from work, and the stress of dealing with insurance companies.

At the same time, attorneys representing accident victims face the challenge of navigating Texas’s complex liability laws, insurance defenses, and evidentiary issues.

This article is designed for two audiences:

• Injured consumers who need to understand their rights and options after a crash.
• Attorneys who want a clear overview of strategies, pitfalls, and legal considerations in car accident litigation.

Common Causes of Car Accidents

For victims, understanding why crashes happen can be an important first step in determining fault. Common causes include:

• Distracted driving (texting, phone use, in-car technology)
• Driving under the influence of alcohol or drugs
• Speeding and reckless driving
• Failure to obey traffic signals
• Unsafe lane changes and tailgating
• Defective vehicle parts or poor road conditions

For attorneys, cause matters because it dictates the theory of liability. A drunk driving accident may warrant punitive damages, while a crash caused by a defective part may open the door to product liability claims.

Typical Injuries After a Crash

Victims often suffer:

• Whiplash and soft tissue injuries
• Broken bones
• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Internal bleeding or organ damage
• Psychological trauma, including PTSD

These injuries range from temporary to catastrophic. For attorneys, medical records, expert testimony, and long-term prognosis are critical in proving damages.

Texas Law on Car Accidents

Texas follows a modified comparative negligence rule, meaning victims can recover compensation as long as they are not more than 50% at fault for the accident. Their recovery, however, will be reduced by their percentage of fault.

For consumers, this means you may still have a valid claim even if you were partially responsible. For attorneys, it highlights the importance of evidence collection — from police reports to accident reconstruction experts — to minimize a client’s comparative fault.

Another key issue in Texas is the statute of limitations: victims generally have two years from the date of the accident to file a personal injury lawsuit.

Insurance Company Tactics

Victims should know that insurance companies often:

• Delay claims to pressure quick, low settlements
• Request recorded statements to use against you
• Dispute the extent of your injuries

For attorneys, anticipating these tactics is essential. A strategic approach may include demanding discovery of adjuster notes, leveraging bad faith claims, or negotiating aggressively with an eye toward trial.

Compensation Available

Victims of car accidents may recover damages for:

• Medical expenses (past and future)
• Lost wages and diminished earning capacity
• Pain and suffering
• Loss of consortium
• Permanent disability or disfigurement

For attorneys, structuring damages demands effectively — with life care plans, vocational experts, and economic analysis — can substantially increase case value.

Litigation Strategies for Attorneys

While many car accident cases settle, some require litigation. Attorneys should consider:

• Filing early preservation letters to secure dashcam or surveillance footage
• Retaining accident reconstruction experts to challenge defense theories
• Preparing clients thoroughly for depositions and trial testimony
• Exploring punitive damages in DUI or gross negligence cases
• Leveraging mediation as a tool, not a compromise

These strategies can make the difference between a modest settlement and a life-changing recovery for clients.

How The Santos Law Firm Helps

For consumers, we are dedicated to protecting your rights and guiding you through every step of the process — from medical care to courtroom advocacy.

For attorneys, The Santos Law Firm welcomes collaboration and referrals. Our team is experienced in complex litigation and prepared to take cases to trial when necessary.

Conclusion – Protecting Rights, Maximizing Recovery

Whether you are a victim seeking justice or an attorney handling a complex case, the stakes in a car accident claim are high. A single mistake can mean lost compensation, while a well-prepared strategy can secure a fair and just recovery.

If you’ve been injured in a car accident, contact The Santos Law Firm, PLLC today for a free consultation. Attorneys seeking co-counsel or referrals are also encouraged to reach out — together, we can pursue justice and maximize results.