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Car Accident Lawyer El Paso
Car accidents in El Paso often result in serious injuries, emotional turmoil, and significant financial hardships. From rising medical bills to lost wages and dealing with stubborn insurance companies, the aftermath of a car crash can be overwhelming.
At Mokaram Injury Lawyers, our dedicated car accident lawyer El Paso team is committed to helping you secure the compensation you deserve. We provide aggressive legal representation to safeguard your rights and ensure justice is served. Whether it’s negotiating with insurance companies or advocating for you in court, our legal team relentlessly pursues the best possible outcome for your case. You don’t have to face this challenging journey alone. With years of experience and a firm commitment to our clients, we are here to guide you every step of the way. Let us be your trusted partner in securing the financial recovery and peace of mind you need.
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What is Car Accident Law?
Car accident law governs the legal framework for determining liability for injuries, damages, and losses following a vehicle collision. As part of personal injury law, it holds negligent drivers accountable, whether they were distracted, speeding, or intoxicated. This law provides victims with a path to recover compensation.
Our car accident lawyer El Paso TX team is highly skilled in handling complex cases, including insurance negotiations, liability disputes, and understanding Texas traffic laws. We work tirelessly to help victims secure compensation for medical bills, lost wages, pain, and suffering. From start to finish, we offer unwavering support to ensure you receive justice and fair compensation. Trust us to be your advocates and protect your rights.
What Should You Do After a Car Accident in El Paso?
The steps you take after an accident are crucial for safeguarding your rights and building a strong case. Follow these steps recommended by our El Paso car accident attorney to ensure you’re fully prepared.
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Call 911
Report the accident immediately to local authorities, even if the crash appears minor. A police report serves as an official record, documenting key details such as time, location, and people involved. This report will be essential when establishing liability during negotiations or in court.
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Seek Medical Attention
Always seek medical attention after an accident, even if your injuries seem minor. Some injuries, such as concussions or internal injuries, might not show immediate symptoms but can worsen over time. Seeing a doctor ensures your injuries are documented, which is crucial when filing a claim.
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Document the Scene
Take photos of the scene, including vehicle damage, road conditions, and any visible injuries. If there are witnesses, collect their contact details and statements. These details provide valuable evidence to support your case and help establish liability.
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Contact a Car Accident Lawyer in Dallas
Before discussing your claim with insurance adjusters, consult with a skilled car accident attorney El Paso TX. Insurance adjusters often try to minimize payouts by offering settlements far below what you are entitled to. A lawyer will handle all communications and negotiations to ensure you receive fair compensation.
Common Causes of Car Accidents in El Paso
Distracted Driving
Activities like texting, eating, or adjusting in-car devices divert attention from the road, causing numerous accidents. These distractions impair reaction times and awareness, making driving unsafe.
Speeding
Driving over the speed limit reduces a driver’s ability to respond to sudden changes, often leading to severe injuries or fatalities. High-speed impacts significantly increase the risk of catastrophic outcomes.
Drunk Driving
Driving under the influence of alcohol impairs judgment and motor skills, creating a significant danger on El Paso's roads. Intoxicated drivers are less able to make quick, sound decisions, leading to preventable accidents.
Reckless Driving
Tailgating, aggressive lane changes, and disregarding traffic signals often lead to collisions. These actions jeopardize not only the reckless driver but also other road users.
Poor Road Conditions
Inclement weather, potholes, and insufficient signage can contribute to accidents by challenging a driver’s ability to maintain control. These hazards require extra caution and adaptability.
Failure to Yield
Not yielding the right of way at intersections or during lane merges can lead to side-impact or rear-end collisions. This mistake is a common cause of accidents in urban settings.
Running Red Lights and Stop Signs
Disregarding traffic signals, especially at intersections, can result in high-speed crashes, causing severe injuries. These violations indicate a blatant disregard for traffic laws.
Driver Fatigue
Fatigued drivers have slower reaction times and diminished alertness, increasing the likelihood of accidents. Driving while tired is just as dangerous as driving under the influence.
Vehicle Defects
Mechanical failures, such as brake malfunctions or tire blowouts, can cause a driver to lose control, leading to accidents. Regular vehicle maintenance is essential to prevent such incidents.
Inexperienced Drivers
New drivers may lack the experience and judgment required to navigate complex traffic situations, leading to a higher likelihood of accidents. Experience plays a key role in safe driving.
Types of Car Accidents We Handle
Our car accident lawyer El Paso TX team has extensive experience handling the following types of accidents:
Rear-End Collisions
These accidents are commonly caused by sudden stops or following too closely, leading to injuries like whiplash and back injuries.
Side-Impact Crashes
Also known as T-bone accidents, these occur at intersections and often cause severe injuries, especially to the passengers on the impacted side.
Head-On Collisions
Among the most serious types of accidents, head-on collisions often result in catastrophic injuries or fatalities due to the high speeds involved.
Multi-Vehicle Accidents
Pile-ups on highways or busy streets can involve multiple cars and lead to complex liability issues, often resulting in extensive injuries.
Rollover Accidents
High-speed collisions or sharp turns can cause vehicles to flip, resulting in severe injuries.
Hit-and-Run Accidents
When a driver flees the scene of the accident, victims are left to deal with injuries and property damage without the at-fault party being held accountable.
Single-Vehicle Accidents
Accidents involving only one vehicle, such as running off the road or hitting stationary objects, can result from driver error or poor road conditions.
Our team handles all these accident types and more, ensuring that you receive the legal support and compensation you deserve.
Common Injuries in Car Accidents We Assist Victims With
Our El Paso car accident attorney team is dedicated to helping victims recover compensation for a wide range of injuries:
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Head Injuries and Concussions
Head injuries, including concussions, can lead to persistent headaches, dizziness, and cognitive issues, often requiring extensive treatment and rehabilitation.
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Spinal Cord Injuries
Spinal injuries can result in partial or complete paralysis, dramatically affecting mobility and quality of life. Long-term medical expenses and adaptive living needs often accompany these injuries.
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Traumatic Brain Injuries (TBI)
TBIs cause neurological impairments that can affect memory, motor skills, and emotional regulation. These injuries often require lifelong care, making fair compensation critical for recovery.
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Broken Bones and Fractures
Fractures may require surgery, immobilization, and long physical therapy. In some cases, severe fractures lead to chronic pain or restricted mobility.
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Internal Injuries
Internal injuries, such as damage to organs or internal bleeding, can be life-threatening and may require emergency surgery. These injuries often lead to long-term complications.
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Emotional Trauma, PTSD, and Anxiety
Beyond physical injuries, car accidents can lead to significant emotional distress, including PTSD and anxiety. Compensation can help cover the therapy and support needed for mental health recovery.
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Compensation Our Car Accident Lawyer in El Paso Can Recover
Victims of car accidents in El Paso may face a variety of damages. Our car accident attorney El Paso TX team fights for fair compensation for the following:
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Medical Expenses
We help you recover costs for surgeries, hospital stays, rehabilitation, and ongoing medical care. This includes compensation for any future treatments you may need due to your injuries.
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Lost Wages
If you cannot work due to your injuries, we ensure you’re compensated for lost income. This includes current wages and any future loss of earning capacity if you’re unable to return to your job.
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Pain and Suffering
We seek compensation for the physical pain and emotional distress caused by the accident, addressing the long-term impact on your quality of life.
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Property Damage
We work to recover the costs of repairing or replacing your vehicle and other damaged property, ensuring that you aren’t financially burdened due to the accident.
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Punitive Damages
In cases of gross negligence, such as drunk driving, we may pursue punitive damages to punish the responsible party and discourage similar behavior in the future.
Laws You Should Know as an El Paso Driver
Here are key traffic laws for drivers in El Paso, with references to Texas law:
- Speed Limits
- Urban Areas: Default speed limit is 30 mph unless posted otherwise (Texas Transportation Code, Section 545.352).
- Highways: Speed limits range from 60 to 75 mph (Texas Transportation Code, Section 545.352).
- School Zones: Speed limit drops to 20 mph when children are present (Texas Transportation Code, Section 545.353).
- Â Seat Belt Laws
- Front Seat Occupants: Must wear seat belts at all times (Texas Transportation Code, Section 545.413).
- Passengers Under 17: Must wear seat belts or child safety seats, regardless of where they sit (Texas Transportation Code, Section 545.412).
- Failure to Wear Seatbelt: Can result in fines and affect fault in accidents (Texas Transportation Code, Section 545.413).
- Distracted Driving
- Texting While Driving: Banned statewide; fines up to $200 (Texas Transportation Code, Section 545.4251).
- School Zones: Handheld device use is prohibited (Texas Transportation Code, Section 545.4251).
- Other Distractions: Eating, adjusting electronics, etc., can also lead to fines if they impair safe driving (Texas Penal Code, Section 42.07).
- Driving Under the Influence (DUI)
- BAC Limit: 0.08% for drivers 21 and older (Texas Penal Code, Section 49.04).
- Minors: Any detectable alcohol in drivers under 21 leads to penalties (Texas Alcoholic Beverage Code, Section 106.04).
- Drug DUI: Driving under the influence of any substance is illegal (Texas Penal Code, Section 49.04).
- Right-of-Way Rules
- Intersections: The driver on the right has the right of way (Texas Transportation Code, Section 545.151).
- Emergency Vehicles: Yield and move right to allow them to pass (Texas Transportation Code, Section 545.156).
- Uncontrolled Intersections: Yield to vehicles already in the intersection or approaching from the right (Texas Transportation Code, Section 545.153).
- Car Insurance Requirements
- Minimum Coverage: $30,000 bodily injury per person, $60,000 per accident, and $25,000 property damage (Texas Transportation Code, Section 601.072).
- Proof of Insurance: Must carry proof of insurance at all times (Texas Transportation Code, Section 601.053).
- Child Passenger Safety Laws
- Under 8: Must be in a child safety or booster seat in the back seat (Texas Transportation Code, Section 545.412).
- Under 2: Must be in a rear-facing seat unless over 40 lbs or 40 inches (Texas Transportation Code, Section 545.412).
- Uninsured and Underinsured Motorist Law
- Uninsured Motorist Coverage: Recommended to protect against drivers without insurance (Texas Insurance Code, Section 1952.151).
- Underinsured Motorist Coverage: Helps cover the difference when the at-fault driver’s insurance is insufficient (Texas Insurance Code, Section 1952.151).
- Traffic Light and Stop Sign Violations
- Red Lights: Running red lights is illegal and can result in fines (Texas Transportation Code, Section 544.007).
- Stop Signs: Must stop completely and yield to cross traffic (Texas Transportation Code, Section 544.010).
- Pedestrian Right-of-Way Laws
- Crosswalks: Drivers must yield to pedestrians (Texas Transportation Code, Section 552.003).
- School Zones & Residential Areas: Extra caution and reduced speed limits around pedestrians (Texas Transportation Code, Section 545.356).
El Paso Car Accident Statistics
In 2021, El Paso, Texas, saw a significant number of motor vehicle accidents, emphasizing the critical need for safety awareness and professional legal help after such incidents.
- Fatal Crashes: El Paso reported 160 fatal crashes, resulting in 178 fatalities.
- Serious Injury Accidents: The city recorded 800 serious injury accidents, leading to 1,050 people sustaining life-altering injuries.
- Non-Incapacitating Injury Accidents: There were 2,400 non-incapacitating injury crashes, with 3,300 individuals suffering less severe injuries.
- Possible Injury Accidents: El Paso had 5,200 possible injury incidents, with 7,000 individuals reporting potential injuries.
- Property Damage-Only Accidents: The city recorded 18,000 accidents resulting only in property damage, without any reported injuries.
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What if I’m Partially Responsible for My El Paso Car Accident?
Texas follows a modified comparative negligence rule, meaning you can still seek compensation even if you share some fault in the car accident, as long as your responsibility is less than 51%. However, your recovery will be reduced by your percentage of fault.
How Fault Affects Your Compensation
If you're found to be 20% responsible, your compensation will be reduced by 20%. For example, if your damages amount to $60,000, you'll receive $48,000 after the deduction.
If you're found to be 51% or more at fault, you're not entitled to compensation.
Determining Fault
Fault is usually determined through evidence such as police reports, witness accounts, traffic laws, and expert reconstructions of the crash. Insurance adjusters may assign blame, which can significantly impact the compensation you receive.
Who is Liable in an Autonomous Vehicle Accident?
Determining liability in an autonomous vehicle accident can be tricky, as multiple factors and parties are involved. In El Paso, the following parties could potentially be held responsible:
Vehicle Manufacturer
If a defect in the autonomous car's system, hardware, or design caused the accident, the vehicle manufacturer may be held accountable for the malfunction.
Software Developer
Errors in the vehicle’s software, such as bugs or failure to update critical systems, may lead to accidents. In such cases, the software developer may be responsible for the crash.
Vehicle Owner/Operator
Even if the car is autonomous, the owner or operator can be liable if they failed to maintain the vehicle properly, or if they took manual control of the car and made unsafe decisions.
Third Party (Other Drivers)
If another vehicle’s driver caused the accident, they can be held responsible under El Paso’s comparative fault laws, even when an autonomous vehicle is involved.
Component Manufacturer
If a malfunction of a particular vehicle component (such as a sensor or camera) directly contributed to the crash, the manufacturer of that component could be liable.
Rideshare Companies
If the autonomous vehicle is part of a ridesharing fleet, the company could share liability if the vehicle was not properly maintained, or if the autonomous system failed due to inadequate safety measures.
Statute of Limitations for El Paso Car Accidents
In Texas, including El Paso, the statute of limitations for filing a car accident lawsuit is two years from the date of the crash. If you don’t file a claim within this period, you risk losing your chance to seek compensation.
Exceptions to the Statute of Limitations
While the two-year deadline applies to most cases, there are exceptions that can extend or modify this timeframe:
- Minors: If the injured person is under 18, the clock starts when they turn 18.
- Incapacitation: If the victim is mentally or physically incapacitated, the limitation period may not begin until recovery.
- Government Claims: If the accident involved a government vehicle or agency, a shortened filing period—often as little as six months—applies.
- Autonomous Vehicles: In cases involving self-driving cars, additional complexities may impact the statute of limitations, particularly if a malfunction or defect in the vehicle’s technology is involved.
Why Choose Mokaram Injury Lawyers for Your El Paso Car Accident Case?
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We Maximize Your Compensation
At Mokaram Injury Lawyers, we are dedicated to helping you recover every dollar you are entitled to. Our legal team thoroughly assesses all damages, including future medical costs and lost wages, so we never overlook any potential claims. Whether through negotiation or litigation, we work tirelessly to secure the best outcome for you.
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Relentless Representation
Our El Paso car accident attorneys are unafraid to take your case to trial if necessary. With a focus on gathering solid evidence and expert testimony, we build strong cases to defend your rights and interests. We are relentless in ensuring you get the justice you deserve.
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No Fees Unless You Win
We operate on a contingency fee basis, meaning you don’t pay us unless we win your case. This lets you focus on recovering from your injuries without worrying about upfront legal costs.
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Collaborating with Medical Experts
To ensure we fully understand the scope of your injuries, we work with top medical professionals who provide valuable insights into your treatment needs. Their expert opinions help strengthen your case and increase your chances of obtaining fair compensation.
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Mokaram Injury lawyers will contact you for a Free Legal Consultation.
Contact the Best Car Accident Lawyer in El Paso for Your Case
If you’ve been injured in a car accident, don’t face the aftermath alone. Our experienced El Paso car accident lawyers are ready to fight for your compensation, handling negotiations and legal complexities while you focus on recovery. Contact us today for a free consultation.
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Frequently Asked Question (FAQs)
If your car is towed after an accident, you can recover it from the towing company once you're physically able. You may also be able to claim towing and storage fees as part of your accident damages.
Yes, Texas follows a modified comparative negligence rule, allowing you to recover compensation even if you're partly at fault, as long as your fault is 50% or less. However, your compensation will be reduced by your percentage of fault.
The value of your claim depends on factors such as the severity of your injuries, medical treatment costs, lost wages, property damage, and whether you were partially at fault. Additionally, insurance policy limits and available evidence can impact the claim's value.
