Austin Personal Injury Attorney
Serving Clients Throughout TX for 20+ Years
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.
Personal Injury Case We Handle
At Alex R. Hernandez Jr. PLLC, we offer personal injury services to clients with cases involving:
- Car accidents.
- Motorcycle accidents.
- Boat accidents.
- 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:
- 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.
- 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.
- Speeding. The NHTSA reports that speeding was a factor in 29% of all traffic fatalities in the United States in 2020. Speeding increases the likelihood of losing control of a vehicle, reduces the effectiveness of safety features, and increases the severity of injuries when accidents occur. Drivers should substitute speed with patience, respect speed limits, and pay attention to road signs.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
- They understand the complicated legal terminologies and can identify the legal pitfalls and navigate them with ease.
- 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.
- They can help clients recover compensation for medical bills, lost wages, and emotional distress caused by the injury.
- 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 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.
Mr. Alex Jr. is one of the most passionate attorneys I have ever met, whose concern is mainly about the children. Not sure if ...- Child Custody
He got my case dismissed on a technicality - enough said.- Markus
Knowledgeable about civil procedure rules. I hired him to handle a complicated complex litigation case and he did an ...- Mike
Mr. Hernandez Jr was an excellent lawyer during my time of need. While dealing with a family matter, I contacted Mr. ...- Ryan
Where can I start? I have known Attorney Alex Hernandez since 2005. I have had the pleasure of having him represent me on ...- Elva Hernandez Philp
As a business owner in the community, occasionally I find it necessary to rely on advice of counsel. Contract law is often ...- Construction Client
I have known Mr. Hernandez Jr. for quite a few years and I have used him for family litigation. This man has done great ...- Justin
He is the most enthusiastic and informative lawyer I've ever met that took care of business. Alex is very friendly and ...- Chris