What if an Accident Was Not My Fault? Do I Still Need an Attorney?

August 28, 2019 | By DJC Law Attorneys
What if an Accident Was Not My Fault? Do I Still Need an Attorney? Car accident victims can often receive financial compensation for their injuries. Under Texas law, whether you can receive compensation will depend on fault—in other words, who is responsible for the accident. Imagine you were driving down the road when someone speeding in the other direction pulls into your lane to illegally pass someone. You don’t have time to swerve and you hit the vehicle head on. In this example, the driver who pulled into your lane illegally is at fault, because he did not pass with sufficient care. Although you can receive compensation, you still need an attorney to help your case. Below, we will explain the top reasons why.

An Attorney Can Establish Fault

Not all accidents are clear cut. In some accidents, like a side swipe, either vehicle might be to blame. Insurers will sometimes argue about fault because they can eliminate or reduce the amount they pay you if you share some of the blame for the crash. Your attorney can find the evidence necessary to show that another driver is to blame. Your lawyer can:
  • Review the police report
  • Find surveillance video if your accident happened in a parking or lot or near a business
  • Help you record your own memories of what happened
  • Interview witnesses to the crash
  • Analyze medical records
  • Inspect the damage to your vehicle
With this evidence, your lawyer can try to reconstruct what happened and present a coherent story to the insurance companies explaining that the other driver is at fault.

A Lawyer Can Negotiate on Your Behalf

If the insurance company accepts that its insured is responsible for the crash, then you will need to negotiate a settlement, which should cover all your losses. Many of our clients need money for:
  •         Medical care
  •         Lost wages
  •         Property damage, such as damage to their vehicles
  •         Pain and suffering
Some insurers play hardball. They will make a very low initial offer, hoping you will accept out of desperation. Many of our clients are too hurt to work and need money to cover bills, so they feel pressured to accept the first settlement. As experienced Austin car accident attorneys, we can properly value your injuries. Then we can negotiate with an insurer for compensation. Negotiation involves a tense back and forth, but we know the tricks that insurers use to try to minimize their legal liability.

An Attorney Can Keep You from Making Mistakes

Some accident victims hamstring their cases by doing the following:
  • Giving a recorded statement to the insurance company when they are not feeling well and not thinking clearly.
  • Failing to keep adequate documentation of their injuries and their financial losses.
  • Settling without properly reviewing a settlement.
At DJC Law, our team can help you avoid making these mistakes. Instead, we will handle the case from start to finish and take care of all communications with the insurer. We can also handle all negotiations. And should negotiations break down? We are prepared to march into court to file a lawsuit that vindicates your rights. Contact us today. You can meet with one of our Austin car accident lawyers by calling 512-888-9999 or sending us an online message.