Austin Personal Injury Attorney
Serving Clients in Corpus Christi, San Antonio, & Throughout TX
Suffering from a personal injury can be an incredibly distressing experience.
From physical pain to emotional trauma, many elements of your life can
be turned upside down. In times like this, a reliable personal injury
lawyer can make all the difference. Experienced legal representation can
provide support, guidance, and advocacy to help you navigate the complex
maze of compensation claims and legal procedures.
At Alex R. Hernandez Jr. PLLC, we understand the distress and hardships
you face after a personal injury. Our team is uniquely equipped to provide
you with exceptional legal representation. With decades of experience
in handling personal injury cases throughout Texas, our compassionate
and dedicated staff know how to help you receive the compensation and
justice you deserve.
Why choose Alex R. Hernandez Jr. PLLC? Our approach to legal representation
prioritizes our clients' needs. From the moment you reach out, we
begin working on your case with all our resources, providing you with
the guidance you need throughout the entire process. We pride ourselves
on our dedication to advocacy for our clients and will never settle for
less than the compensation you deserve.
We understand the uncertainty and confusion that comes from personal injury
claims. Let us guide you through this challenging time and help you receive
the compensation you are entitled to.
To request a free consultation,
reach out to our firm team online or via phone at 888.907.8994.
Personal Injury Case We Handle
At Alex R. Hernandez Jr. PLLC, we offer personal injury services to clients
with cases involving:
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Car accidents.
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Motorcycle accidents.
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Boat accidents.
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18-wheeler accidents.
Texas’ Negligence Law
Texas follows a modified comparative fault system in personal injury cases,
meaning that the damages a plaintiff is awarded can be reduced if they
are found to share some degree of fault for the incident. The principles
of comparative negligence can have a significant impact on the final outcome
of a case, as the allocation of fault between the parties determines the
amount of damages awarded.
Under the modified system, the plaintiff can only recover damages if they
are found to be less than 51% at fault. If the plaintiff is found to be
51% or more at fault, they will be barred from recovering any damages.
Defendants may argue that the plaintiff's own negligence contributed
to their injuries and seek to have their damages award reduced accordingly.
For example, after a vehicle accident, let’s say the defense proves
that the plaintiff was texting and driving as well as speeding. The court
then deems the plaintiff 40% at fault.
While they are not barred from recovery in this case, their damages award
would be reduced by 40%. So, if they were going to receive $100,000 initially,
the award would be reduced to $60,000.
Common Causes of Motor Vehicle Accidents
In cases of accidents, liability is determined by considering whether one
or more parties acted in a negligent manner or deliberately caused harm.
Determining the cause of accidents is crucial in establishing liability
and determining responsibility for the parties involved.
There are various methods for determining causation, including accident
reconstruction, eyewitness testimony, and expert opinions. The accuracy
of these methods can impact the outcome of a legal case, as they provide
evidence that can verify or dispute the responsibility of the parties involved.
Here are ten of the leading causes of motor vehicle accidents as well as
ways these types of accidents can be prevented:
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Distracted driving. According to the National Highway Traffic Safety Administration (NHTSA),
distracted driving led to the loss of 3,522 lives in 2021. Drivers who engage in texting, talking, eating, grooming, or any activity
that takes their attention off the road increase the likelihood of an
accident because of delays in reaction time and their inability to perceive
road hazards. Ways to prevent this kind of accident include silencing
cell phones, assigning a designated navigator, and pulling over to perform
necessary activities.
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Drunk driving. Impaired driving remains a significant issue in the United States, with over
13,200 people dying in alcohol-related accidents in 2021. Alcohol impairs judgment, attention, and motor skills, making
it challenging for drivers to control their vehicles and respond to traffic
situations. To prevent drunk driving accidents, individuals should avoid
drinking and driving, designate a sober driver, or use a ride-sharing service.
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Reckless (or aggressive) driving. Reckless behaviors such as tailgating, weaving through traffic, and failing
to yield to other vehicles increase the risk of accidents and have fatal
consequences. Drivers should focus on defensive driving strategies and
be mindful of the dangers of reckless driving.
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Weather conditions. Inclement weather conditions such as fog, heavy rain, snow, or ice can
impact a driver's visibility and control, leading to dangerous road
conditions. The U.S. Department of Transportation reports that
21% of all vehicle crashes are weather-related. Drivers should check weather reports, take safety precautions such as
driving slower, and give themselves ample time to reach their destination.
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Drowsy driving. The National Sleep Foundation reports that
drowsy driving accounted for about 91,000 crashes in 2017. Fatigue impairs judgment, decreases attention span, and impacts a person's
reaction time. Drivers should avoid driving while tired, take rest breaks,
and keep the vehicle well-ventilated.
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Ignoring traffic signals. Running red lights and ignoring other traffic and road signs are significant
causes of accidents. Running red lights increases the risk of severe or
fatal accidents, making it a dangerous driving habit. To prevent such
accidents, drivers should slow down when approaching an intersection,
observe traffic lights and stop signs, and always follow traffic rules.
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Improper lane changes. Failure to signal, check blind spots, and initiate lane changes correctly
can lead to collisions and injuries. The NHTSA reports that improper lane
changes account for approximately 8% of all car accidents annually. Drivers
should use their turn signals, check mirrors, and scan their surroundings
before changing lanes.
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Driving while emotional. Drivers experiencing extreme emotions such as anger or distress can potentially
cause accidents because they are more likely to make mistakes while on
the road. To prevent accidents caused by driving while emotional, drivers
should find safe places to pull off the road, take a deep breath, and
calm themselves down before resuming driving.
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Vehicle failure or improper maintenance. A poorly maintained vehicle increases the risk of accidents due to brake
failure, tire failure, and other mechanical breakdowns. Drivers should
ensure proper maintenance of their vehicle, including regular oil changes,
tire rotations, and brake checks, to minimize the risk of mechanical failure
accidents.
Why Hire a Personal Injury Lawyer?
It is in your best interest to retain an experienced attorney to represent
you in your personal injury case. Personal injury attorneys possess a
vast knowledge of the legal system, skill in negotiating a fair settlement,
and the experience of handling similar cases.
You should also work with an attorney because:
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They understand the complicated legal terminologies and can identify the
legal pitfalls and navigate them with ease.
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They strive for a successful outcome and will fight for the best interests
of their clients while ensuring they receive the right level of emotional support.
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They can help clients recover compensation for medical bills, lost wages,
and emotional distress caused by the injury.
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They can also gather evidence, speak with witnesses, and build a compelling
case that supports their client's claim.
Furthermore, having an attorney by your side can pressure insurance companies
and opposing counsel to settle your case fairly. Overall, the expertise
of a personal injury attorney can make a notable impact in winning a personal
injury case and securing the compensation that their client deserves.
Work with Our Austin Personal Injury Attorney
At Alex R. Hernandez Jr. PLLC, our attorney has been helping clients in
Austin, Corpus Christi, and throughout Texas since 2001. Known for our
dedication to excellence and professionalism, our firm is trusted and
respected by our clients and peers alike. Our personal injury attorney
has received a 10.0 out of 10.0 (Superb) Avvo rating and can work in your
best interest should you retain our services. We also offer our client
free consultations, and we offer services in English and Spanish.