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915-544-5200El Paso Car Accident Lawyer
Trusted Car Accident Lawyer Representing Clients in El Paso, TX
Serious and fatal motor vehicle collisions occur every day, and even the most careful and cautious driver may be unable to avoid being seriously injured in a crash. Many car accidents are not accidental at all, and they occur because of negligence on the part of drivers. When someone operates a car, truck, or other vehicle in a reckless or dangerous manner, and this leads to a collision, the negligent driver should be held responsible for the harm they have caused.
Attorney James Kennedy understands the devastating effects that a car crash can have on drivers and passengers, and James Kennedy, P.L.L.C. is dedicated to ensuring that personal injury victims are fully compensated for their injuries and their financial losses. As a lawyer who is Board Certified in personal injury trial law by the Texas Board of Legal Specialization, Attorney James Kennedy represents clients in Texas and New Mexico. Attorney Kennedy believes in fighting for justice for those who have been wronged, and with over 25 years of experience, he has taken cases to trial every year. Mr. Kennedy is prepared to negotiate a settlement or go to trial to ensure that you receive the compensation you deserve.
No Fees Unless We Win. Call 915-544-5200 for a Free Consultation
Vehicle Collisions Caused By Negligence
Due to the large size of cars, trucks, and other vehicles, collisions can result in serious injuries, especially when vehicles are traveling at high speeds. Some situations may involve catastrophic injuries such as traumatic brain injuries or spinal cord injuries, but even in car wrecks that may seem minor, a person can suffer bodily harm that may lead to ongoing issues. Injuries such as whiplash, strained muscles, or serious bruises can cause significant pain while limiting the types of activities a person can perform. Multiple forms of medical treatment may be required, and the costs can add up quickly. Because of the ways car accident injuries can affect a person's life, it is important to take the proper steps to address these issues, and financial compensation can address the losses that a person has experienced because of a car accident.
If a crash occurs because a person or company did not take steps to protect others' safety, they should be held responsible for the injuries they have caused. Negligent parties in an automobile collision may include:
- Reckless drivers - A person may be negligent if they are driving above the speed limit, driving erratically, tailgating, making illegal lane changes, running red lights or stop signs, or failing to respect other vehicles' right of way. All of these actions can lead to dangerous car wrecks.
- Distracted drivers - Due to the increased use of cell phones and other mobile devices, drivers often take their eyes off the road and their attention away from the act of driving, which can endanger everyone on the road around them. Drivers may be held liable for accidents that have occurred due to texting while driving or engaging in other activities that took their attention away from the road.
- Drunk drivers - Those who violate DWI laws and drive while they are intoxicated by alcohol or drugs put themselves and others at risk. In addition to facing criminal consequences, these drivers may be required to compensate those they have injured due to their negligence.
- Manufacturers of defective products - The failure of vehicle parts such as tires or brakes may be to blame for a car accident, and companies that have designed or manufactured products that did not meet safety standards may be liable for injuries that have been caused by these products. Other parties could also be liable for mechanical failures, such as auto mechanics who failed to install parts or perform repairs correctly.
- A city that did not maintain a safe road - Dangerous intersections, roads, and highways may be to blame for collisions that occur, and in these cases, a city, county, or state may be held responsible for injuries that occurred because steps were not taken to provide a safe environment for drivers.
Source: txdot.gov
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Types of Car Accidents
Motor vehicle collisions may come in many forms. Even when collisions occur at relatively low speeds, they can cause a great deal of damage, and people in a vehicle that is struck may suffer harm. Different types of car wrecks may include:
- Rear-end collisions - Some of the most common car accidents occur when one car collides with another vehicle from behind. These accidents may take place at intersections or in other locations, such as on roads where drivers may slow down to turn into driveways. Low-speed rear-end accidents may not be especially serious, but they can still result in injuries such as whiplash. Accidents at higher speeds are more likely to cause serious injuries, and in some cases, a car that is struck from behind may be pushed into one or more vehicles in front of it, leading to additional injuries and damages. Drivers may cause rear-end collisions due to distractions that prevent them from noticing when another vehicle has slowed down, or people who are speeding may be unable to slow down in time to prevent a collision.
- Head-on collisions - In many cases, the most dangerous accidents occur when vehicles collide with each other while traveling in opposite directions. Due to the combined speeds of the vehicles involved, these collisions can cause serious harm to the occupants of both vehicles, and these accidents may result in fatal injuries. There are multiple forms of negligence that can lead to frontal-impact collisions, including distractions that cause a driver to wander out of their lane and collide with oncoming traffic or a loss of control due to intoxication by drugs or alcohol.
- T-Bone accidents - Collisions in which the front of a vehicle strikes the driver's side or passenger side of another vehicle can cause a great deal of damage. The people in a vehicle struck from the side may suffer serious harm, including broken bones, brain injuries, or spine injuries. In many cases, side-impact collisions occur at intersections when a driver runs a red light or proceeds through an intersection without making sure traffic is clear.
Insurance Settlements
In many car wreck cases, victims expect to receive compensation through an insurance claim with their own provider or that of the negligent party. However, it is important to understand that an insurance company's goal is to pay an injured person as little as possible. An insurance claims adjuster will often attempt to close a case quickly by offering what may seem like a fair settlement. However, these offers will often be far less than is sufficient to address a person's injuries and financial losses. Claims adjusters are trained in methods that may be used to devalue claims or even deny claims altogether. They may try to gain information that could indicate that a person was partially responsible for an accident, or they may minimize the costs involved in treatment and other effects of an accident. But before accepting a settlement, you should work with Attorney James Kennedy in order to establish the full extent of your damages.
Mr. Kennedy will make sure that you understand all the types of compensation that you deserve, including expenses related to medical treatment, income you have lost while unable to work, and the pain and suffering you and your family have experienced. Mr. Kennedy can negotiate with insurance companies on your behalf, making sure to address any tactics they may use to try to limit the amount they will be required to pay. He will not accept anything less than a settlement that fully addresses your injuries and damages. If necessary, he will pursue a personal injury lawsuit to ensure that you will have the financial resources you need.
Frequently Asked Questions
Answer: In the immediate aftermath of a car accident, you must prioritize your own safety and the well-being of others who were involved. To ensure everyone is safe, move to a secure location off the road if possible. Call 911 to report the accident and request medical assistance. Exchange important information with the other party, such as names, contact information, and details about insurance policies. Document the scene with photographs and gather the contact information of witnesses if you can. Contact an attorney sooner rather than later for guidance on the next steps. After contacting a lawyer, you can speak to your insurance company, but be very careful about the information you provide. Do not admit fault or provide any information that could be detrimental to your case. Your attorney should be doing most of the correspondence when it comes to the insurance company, and they can make sure the right information will be provided.
Answer: The legal fees in a personal injury case can vary based on several factors, including the complexity of the case and the required expenses. The total costs will usually be around 25 to 40 percent of the total settlement. At James Kennedy, P.L.L.C., your initial consultation is free, and we will advise on what fees and expenses you can expect to pay. However, we will only collect fees if we successfully recover compensation for you.
Answer: You should contact an attorney as soon as possible after being involved in a car accident, especially if there are injuries, significant damages, or liability disputes. Our attorney can help protect your rights, assess the situation, and gather the necessary evidence while the details are fresh. It is advisable to seek legal assistance before speaking with insurance companies to ensure that you will be able to avoid any statements that may jeopardize your claim.
Answer: According to the statute of limitations, in Texas, you have two years from the date of the car accident to file a personal injury claim. If you fail to file within this period, you may lose your right to recover compensation. One of the reasons why it is so advisable to consult with an attorney as soon as possible after an accident is to ensure that your case will be handled promptly.
Answer: Settlements in car accident cases can vary significantly based on the severity of injuries, the extent of property damage, and how liability is assigned. On average, settlements can range anywhere from $10,000 to $25,000 in cases involving minor injuries and $45,000 to $100,000 or more in cases involving more serious injuries. Factors influencing the amount of a settlement include medical expenses, lost wages, pain and suffering, and whether punitive damages are applicable. Each accident case is unique, which makes it important to consult with an attorney to understand how much you may be able to receive.
Answer: You can start by collecting evidence at the scene, such as photographs of vehicle damage, skid marks, and the accident location. Obtain contact information from witnesses. File a police report to document the incident, which can provide an official account of the events. Your attorney can make sure the proper evidence will be gathered and preserved so that you can take steps to recover compensation from the at-fault driver.
Answer: Yes. In Texas, you can recover compensation as long as your percentage of fault is less than 50 percent. The law states that the amount of compensation you can receive will be reduced by your percentage of fault. For instance, suppose you had a total of $100,000 in damages but were 30 percent responsible for the accident. In this case, your final award amount would be $70,000.
Answer: You may be eligible for several different kinds of compensation. These include medical expenses for the treatment of your injuries, lost wages due to time off work, and property damage to your vehicle. Additionally, you can seek compensation for pain and suffering, emotional distress, and any long-term disability resulting from the accident. In wrongful death cases, damages may also cover funeral expenses, loss of companionship, and other personal or financial losses suffered by family members of the deceased.
Answer: The duration of a car accident case can vary widely based on several factors, including the complexity of the case, the willingness of parties to negotiate, and the severity of your injuries. Settlements may take anywhere from a few months to over a year. If disputes arise or if the case goes to trial, the timeline may be extended. Working with an experienced attorney may help to speed up the process and ensure that you achieve positive results as quickly as possible.
Think You Have a Case? Contact Our Team Today.
Contact an El Paso Car Accident Attorney
James Kennedy, P.L.L.C. will fight to ensure you receive the compensation you deserve for injuries suffered in a motor vehicle crash. As the attorney of a tough, family-oriented law firm, I am dedicated to helping families obtain the financial resources they need as they recover from serious injuries. For a free consultation, contact my office at 915-544-5200. I assist with car wrecks that occur throughout west Texas and southeast New Mexico, and Arizona, including El Paso, Midland, Odessa, Pecos, Carlsbad, Las Cruces, and the Permian Basin. Se Habla Español.
From my El Paso, Texas office, I fight to help injury victims get the compensation they deserve throughout the region including Abilene, San Angelo, Pecos, Van Horn, Sierra Blanca, Pecos, Andrews, Midland, Odessa, Horizon City, Sunland Park, Big Spring, Hobbs, Houston, San Antonio, Austin, Dallas, Eagle Pass, Brownsville, Harlingen, San Angelo, Sonora, Fort Stockton, Anthony, San Elizario, Marfa, McAllen, Laredo, Lamesa, and Corpus Christi. Additionally, I will also take on cases in Arizona, Colorado and New Mexico, including Tucson, Green Valley, Sahuarita, Marana, Oro Valley, Chaparral, Raton, Silver City, Deming, Las Cruces, Santa Fe, Albuquerque, Socorro, Taos, Portales, Carlsbad, Truth or Consequences, Alamogordo, Ruidoso, Artesia, Lovington, and Roswell.
Results listed are not a guarantee or indication of future case results.
6216 Gateway Blvd. East, El Paso, TX 79905
915-544-5200
