Walking is a health-conscious and eco-friendly option within a community, but when a pedestrian and an average 4,000-pound vehicle collide, the pedestrian is vulnerable to severe or catastrophic injuries. But does a pedestrian’s unprotected status mean they are always the victim in a traffic accident? In fault-based insurance states like Texas, it matters who causes an accident or how much each party contributes to the accident or injury. Like all individuals in traffic situations, the court expects pedestrians to follow traffic laws, but is a pedestrian ever liable for an accident? Speak to an Austin injury attorney today!

How Does the Texas Comparison Negligence Law Apply to Pedestrians?

Texas is not a no-fault insurance state. In Texas, injury victims in traffic accidents must make compensation claims against the other party’s insurance if the other party is at least 51 percent responsible. Texas Sec. 33.001 states :

“A claimant may not recover damages if his percentage of responsibility is greater than 50 percent…If the claimant is not barred from recovery under Section 33.001, the court shall reduce the amount of damages to be recovered by the claimant with respect to a cause of action by a percentage equal to the claimant’s percentage of responsibility.”

Under this Texas Civil Practice code, a pedestrian may share fault for an accident if they contribute to the cause of the accident. In some cases, a pedestrian may be more than 50% at fault for a pedestrian accident and liable for damages to the driver and vehicle. For example, if a pedestrian wearing dark clothing at night attempts to cross a street mid-block and not at an intersection or crosswalk, they could be 100 percent at fault for the accident. However, if the driver was speeding when the accident occurred, they could share fault. In this example, insurance adjusters and attorneys for each party investigate to determine which party was more than 51 percent at fault.

Can a Pedestrians Recover Compensation for Damages If They Shared Fault in an Accident?

In the above example, a pedestrian could only recover damages if the driver’s speed was so excessive that they were more than 51 percent at fault because their reckless speed made it impossible to avoid the pedestrian. In this case, if the pedestrian’s damages amount to $100,000 and they are determined as 40% at fault while the driver was 60 percent at fault the pedestrian would recover $60,000. On the other hand, if the driver was only exceeding the speed limit by five miles per hour it’s unlikely that they could have avoided the pedestrian even at the speed limit. In this example, the driver could recover compensation for property damage to their vehicle and any medical expenses or lost wages if they were injured in the collision. For instance, if their damages equal $10,000 and they were only 10 percent at fault for the accident they’d recover $9,000 and the pedestrian would be responsible for their own damages.

Common Mistakes That Leave Pedestrian’s Liable in Accidents

Drivers have a responsibility to take all reasonable precautions and measures to avoid hitting a vulnerable pedestrian. However, pedestrians have a responsibility to follow traffic laws. In Texas, pedestrians could be held liable for an accident if they disregard pedestrian traffic laws by doing the following:

• Crossing a street without using a marked or unmarked crosswalk
• Crossing a highway without a signal
• Walking on bridges
• Failing to wear reflective clothing while walking at night
• Wearing headphones or earbuds while walking or jogging in traffic
• Failing to yield to vehicles with the right of way
• Looking at their cell phone while walking in traffic

Pedestrians account for about a third of all traffic deaths despite making up a much lower percentage of individuals in traffic than motorists. Because a pedestrian is exposed to direct impact in an accident, both motorists and pedestrians have the responsibility to follow all traffic laws and avoid distraction. Speak to an Austin pedestrian accident today to learn more!

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The joy of welcoming a newborn into the world is incomparable, but when that joy turns to bewilderment and fear for a child’s future or life, the impacts can be life-altering for the entire family. Not only do families of a birth-injured baby face an uncertain future for their child and overwhelming medical expenses, but they also face years of wondering, “What if? What if the doctor had acted more quickly, or what if I’d chosen a different doctor?”

If your child was injured during the birthing process in Texas, the Auston birth injury attorneys at Shaw Cowart LLP can help you obtain a sense of justice. The best justice comes in the form of the financial compensation you need to open doors to the best medical care and educational opportunities for your child as the court holds a negligent doctor or provider accountable. Call the Austin injury lawyers at Shaw Cowart LLP today for a consultation.

Why Choose Us for Your Birth Injury Lawyers in Austin?

The attorneys at Shaw Cowart LLP are ready to hear about your child’s case. We have a deep compassion for children who’ve suffered injuries due to a care provider’s negligence. We offer free confidential consultations and contingency-based payment so you pay nothing until we win your case.

Experience

The Texas trial attorneys at Shaw Cowart have over 6 decades of combined experience navigating personal injury law in Texas, including for families of children with birth injuries. Both founding attorneys Ethan Shaw and John Cowart have successfully litigated hundreds of trials. Even better, they’ve secured millions of dollars in settlements for clients so the injury victim or their parents never have to see a courtroom. 

Reputation

An attorney from Shaw Cowart LLP puts a powerful voice behind your claim with a reputation of respect in Austin and the surrounding area. Our reputation means we have access to the best medical experts and resources. 

Our firm’s greatest distinction is the personalized attention we give to each case as we take the time to get to know our clients and witness the impacts of the injury on the family. This also helps us build a more compelling case for compensation.

Common Birth Injuries In Austin

Most birth injuries are preventable with today’s medical care, but medical providers must properly assess and monitor laboring mothers and infants and promptly address complications with emergency action to prevent injuries. When a doctor or care team fails to provide prompt corrective measures children may experience the following injuries:

• Cerebral Palsy
• Traumatic brain injury (TBI)
• Hypoxic Ischemic Encephalopathy (HIE)
• Intracranial or subarachnoid hemorrhage
• Brachial Plexus injury
• Paralysis/nerve damage
• Umbilical cord prolapse
• Epilepsy

Injuries may also occur in mothers, such as uterine hyperstimulation, uterine rupture, and post-partum hemorrhage.

What Compensation Is Available In Birth Injury Cases?

We all owe a general duty of care to avoid causing injury to others, but medical providers owe their patients a special duty of care. They must treat their patients at the standard of care accepted by the medical community. If they fail in this duty and the result is a birth injury to a child, the negligent doctor is liable for damages. Damages include the following:

• Medical expenses and future medical care costs
• Educational expenses
• Lost income for a parent who must reduce their work hours or leave a job to provide care for a disabled child
• Pain and suffering
• Emotional anguish

Your birth injury lawyer in Austin will review your case and determine the maximum amount of damages available in your unique case.

Call Our Austin Birth Injury Attorneys

Your family shouldn’t be left responsible for the expensive care a birth-injured child requires when the injury was preventable and resulted from negligence or a medical mistake. Call or contact our Austin law office today so we can work on recovering your financial losses while you focus on maximizing your child’s recovery.

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Car accidents are frightening, but they’re particularly traumatic when they involve multiple cars. In a three-car accident, a single victim may experience multiple impacts with painful injuries and several moments of terror. Survivors of three-car collisions typically have a long road to recovery with medical treatment, surgeries, and rehabilitation.

Sadly, the distress only continues when they try to file a claim for compensation under the state’s fault-based insurance system. Texas is one of many states with a modified comparison negligence insurance system that requires an injury victim to prove the other driver caused the accident to hold them liable for damages. But what happens when there are three drivers involved in an accident? Who is liable for the damages in a three-car accident?

Determining Fault in a Three-Car Accident

After an accident, it’s rare for drivers to readily admit that they caused the accident. Instead, drivers commonly point a finger at someone else. Determining fault is even more confusing when there are multiple drivers involved, such as in three-car accidents. Typically, the police perform only a rudimentary investigation because they preserve their resources for investigating criminal acts. Determining fault and liability often comes down to an investigation by an experienced accident attorney in Austin who does the following:

• Scrutinizes the police report
• Obtains any available photos or videos from traffic cameras, dash-cam videos, or footage from nearby surveillance cameras
• Deposes eyewitnesses
• Views the damaged vehicle
• Visits the accident scene
• Consults with accident reconstruction experts 

Often, a skilled attorney builds a compelling case for liability in a three-car accident to maximize the amount of compensation their client can recover.

Understanding Shared Fault in a Comparison Negligence Insurance System

Few accidents are simple, especially complex, three-car accidents. In a three-car accident, more than one driver could be at fault or all three drivers could share a percentage of fault for the accident. For example, one driver may have rear-ended another driver due to tailgating, but then a third driver could add to the collision because they were exceeding the speed limit and unable to stop in time to avoid the collision. And, what if the first driver had a broken taillight? In these complex cases, each driver could have contributed to the three-car accident.

In modified comparison negligence insurance states like California, even drivers partly at fault in an accident can recover a portion of their damages minus their percentage of fault as long as they are less than 51% at fault. This is detailed in Texas Civil Practice Code Sec. 33.001. which states:

“In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”

For example, if two drivers were each 25 percent at fault, and one driver is determined to have been 50 percent at fault for the three-car accident, the driver most at fault can still recover $50,000 of a $100,000 claim. If the other two drivers also have a $100,000 claim for damages, they can each recover $75,000.

No one should try to navigate this type of accident claim without legal counsel. Comparison negligence states incentivize insurance companies to assign an undue percentage of fault to injured motorists to minimize the amount they have to pay out on a claim.

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Our lives and our nation’s economy depend greatly on the goods and services brought to communities by large commercial trucks. Unfortunately, the downside to this necessity is roadways congested with massive, unwieldy trucks outweighing standard passenger vehicles by as much as 14,000 pounds. In an accident involving an 18-wheeler and an average car, the motorists inside the smaller vehicle face a tremendous risk of serious injury or death.

Often, truck drivers or negligent trucking companies are at fault for truck accidents due to driver error, fatigue, distraction, poor training, or inadequate driving-hour monitoring. However, large trucking companies also have powerful attorneys and insurance companies that may dispute their liability for a truck accident. 

One of the most important tools for truck accident injury victims is the black box installed in most semi-tractor-trailer trucks. What is the commercial trucker’s black box, and how does it provide critical evidence in a truck accident claim?

What Is a Black Box in a Semi-Truck?

We’ve all heard officials speak of locating the “black box” after a devastating plane crash, but many people remain unaware that most commercial trucks now also contain black box devices. Also known as an event-data recorder, a black box is an electronic system control module programmed to store information. In commercial trucks, the black box records an array of critical data that an investigator can retrieve after a crash. Data stored in a truck’s black box includes the following:

• The number of driving hours accumulated on the trip before the crash
• How far the truck has traveled since the last break
• The speed of the truck just prior to the crash
• Whether or not the truck driver applied the brakes, how many seconds before the crash they applied the brakes, and how well the brakes functioned during the crash
• The status of other important systems on the truck such as steering, cruise control, transmission function, and other insights into vehicle function
• Whether there was a sudden deceleration in speed before the crash
• The electronic logging of the driver’s driving hours, off-duty hours, and number of driving breaks
• The exact coordinates of the accident

Many black boxes also log the status inside the truck’s cab at the time of the crash, such as airbag deployment and whether or not the driver was wearing a seatbelt. Some black box models record information continually and store it for several days, while others may trigger at the moment of the crash and then log all pertinent information from the moments leading up to the crash.

How Does a Semi-Truck’s Black Box Help After a Crash?

Texas and the majority of other states have fault-based insurance systems that require injury victims in truck accidents to prove fault before they can make a successful claim for damages like property damage, medical expenses, and lost wages against a truck driver or trucking company after an accident. The truck’s black box contains critical data about the crash and the moments leading up to the crash that offer invaluable insight into how the accident occurred and the history of the truck and driver prior to the crash. If a driver failed to stop at a stop sign, was speeding before the crash, or drove erratically in the moments before the crash indicating drowsiness or distraction, this information is all stored in the black box.

Unfortunately, trucking companies commonly resist granting access to black box information after a crash because they seek to avoid liability. In some cases, they may even erase or alter the information. An experienced attorney can immediately require a trucking company to preserve the black box information and produce it for examination. This is one reason it’s highly beneficial to hire an experienced truck accident lawyer in Austin after an accident involving a large commercial truck.

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The human brain has protection from a bony outer skull and a layer of cushioning fluid; however, this delicate organ that is the center of all bodily function, thought, and reasoning remains susceptible to injuries and even permanent damage with life-altering effects. Some brain injuries result from a violent shake or jarring that causes the brain to bump or twist against the inside of the skull but more commonly, head injuries are caused by blunt force trauma.

What are the common causes of blunt force trauma to the head, and how does the cascade of effects inside the brain after this type of head injury impact the victim?

Understanding Blunt Force Trauma in Brain Injuries

The medical term “blunt force trauma” describes any injury caused by a powerful blow from a blunt object as opposed to a sharp object causing a penetrating wound. Blunt force trauma head injuries occur when an object forcefully impacts the head or the head forcefully impacts an object. When this occurs it causes capillaries inside the skull to burst, resulting in contusions. In some cases, blunt force trauma to the head may be powerful enough to fracture the skull bones, causing serious injury. The severity of a blunt-force trauma head injury depends on the following:

• The force of the impact
• The speed of the impact
• The surface area of the head in contact with the object during the blow

Blunt force trauma is also described in medical literature as “non-penetrating trauma.”

Common Causes of Blunt Force Trauma Injuries to the Head

While everyone has had the painful experience of bumping their head, for instance when getting into a car, typical bumps to the head result only in temporary pain and later tenderness in the area. But when the blow to the head involves significant force, the consequences to the brain become far more serious, resulting in injuries ranging from mild concussions to severe diffuse axonal injury with the potential for permanent impairment.

Common causes of blunt force trauma head injuries seen in hospitals include the following:

• Car accidents: car accidents are the most common cause of serious blunt-force trauma injuries to the head
• Falls: falls are the second-most common cause of blunt-force head injuries, particularly among the elderly, but also in workplace accidents
• Sports injuries: mild to severe concussions are common in contact sports and may have a cumulative effect that causes dementia symptoms similar to Alzheimer’s syndrome later in life
• Motorcycle accidents: helmets protect against blunt-force trauma to the head, but many states do not compel motorcyclists over the age of 18 to wear helmets
• Assaults and criminal violence: blunt force head trauma results from physical attacks with blunt objects such as bats, sticks, bricks, rocks, or from kicks and punches to the head

Helmets provide protection against some causes of blunt-force head trauma such as motorcycle accidents, bicycle accidents, and sports injuries.

Symptoms of Blunt Force Trauma in Head Injuries

Common symptoms of a traumatic brain injury (TBI) from blunt force trauma include the following:

• Temporary loss of consciousness
• Headache
• Nausea
• Confusion
• Memory loss of the moments before the injury
• Vision problems
• Speech problems
• Ringing in the ears
• Dizziness
• Balance problems
• Sleep disturbances
• Anxiety, irritability, and other mood and behavioral changes

If you or a loved one experiences any of the above symptoms of TBI caused by blunt-force head injury, it’s critical to seek an immediate medical evaluation. Speak to a brain injury lawyer in Austin to learn more about your brain injury case and how we can help. 

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Car accidents are traumatic experiences and injury victims naturally spend the days and weeks following the accident focused on their painful injuries and sometimes injured loved ones as well. It’s common for car accident victims in Texas to assume the insurance process is on their side—especially when someone else caused the accident—and they’ll get the compensation they deserve for damages like their property damage, medical expenses, and lost wages. Unfortunately, many Texas car accident victims discover that insurance companies routinely delay claims, unfairly deny them, or defend their clients by taking advantage of the state’s modified comparative negligence insurance system to assign car accident victims an undue percentage of fault. This allows them to minimize the payout on a claim for damages.

Sadly, many car accident victims believe it’s too late to hire an attorney to represent them once the insurance company has already evaluated the case, assigned them a percentage of fault, and offered them a low settlement that doesn’t cover all of their damages. But is it ever really too late to hire a car accident attorney in Texas to defend your rights?

Understanding the Texas Car Accident Insurance System And Why You Need an Attorney

Unlike the handful of no-fault insurance states that require car accident victims to file insurance claims against their own policies regardless of who caused the accident, Texas has a fault-based insurance system. In a modified-comparison negligence insurance system like Texas, car accident victims can recover damages minus their percentage of fault as long as they are not more than 50 percent to blame for the accident. Sadly, this incentivizes insurance companies to assign injury victims a percentage of fault in the accident so they can lower the amount they pay out on a claim by that percentage. 

According to  Texas Civil Code Sec. 33.001.:

“a claimant may not recover damages if his percentage of responsibility is greater than 50 percent. … the court shall reduce the amount of damages to be recovered by the claimant with respect to a cause of action by a percentage equal to the claimant’s percentage of responsibility.”

By hiring an attorney soon after an accident, your Texas car accident lawyer will promptly investigate the accident, document evidence of fault, and present the evidence in a compelling case to the insurance company of the driver at fault, or mostly at fault, for the accident to maximize the percentage you can recover for your damages.

Is It Too Late to Hire An Attorney If the Insurance Company Says I Contributed to the Accident?

Texas car accident lawyers often get calls from car accident victims after they learn that the insurance company of the at-fault party unfairly claims that they contributed to the accident and offered an unacceptably low settlement amount. Is it too late at this point in the process to hire an attorney? Fortunately, the answer is no. While it’s always best to hire a car accident lawyer very soon after the accident while evidence is available, it’s not too late as long as you’re still within the two-year statute of limitations to file a lawsuit to recover your car accident damages. In addition, some exceptions to the Texas time limit for car accident lawsuits exist, for example, if you discovered an injury later, the statute of limitations begins on the date of injury discovery. On the other hand, if the at-fault party is the driver of a government vehicle or a negligent city government road maintenance agency, the state reduces the time limit to file a lawsuit.

The good news is that our Austin car accident attorneys offer free consultations, so it’s never too late to call a lawyer and discuss your accident case.

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Texas takes child safety seriously, especially when children are on the road. Texas families with children must familiarize themselves with the state’s car seat laws not only to ensure they aren’t in violation and at risk of a serious citation but also to give their children the best possible protection during a crash. Ask an Austin accident lawyer for more information today. 

Texas Has Seat Belt Laws for All Ages

Texas law requires all drivers and passengers to wear seatbelts in moving motor vehicles. To fit properly and offer the best protection, the lap belt should be across the hips and not the abdomen. The shoulder strap should pass across the chest and not against the neck. Children are safest in the back seat of vehicles and may only safely ride with a seatbelt when it fits as described when the child sits fully back on the seat with their knees at the edge of the seat and their feet reaching the floor.

Children must always ride in the backseat of the vehicle until they reach the age of 13.

Car Seat Laws for Children in Texas

Texas requires infants and young children to ride in age and size-appropriate car seats or boosters at all times. The guidelines are as follows:

• All babies under a year old and/or under 35 pounds should ride in rear-facing car seats with five-point harness systems. The car seat should be properly installed in the back seat of the vehicle. Children should remain in a rear-facing position for as long as possible while within the weight and height limits of their rear-facing car seat
• Children may switch to a size and weight-appropriate forward-facing car seat once they reach one year old or outgrow the size and weight limit of their rear-facing car seat. Forward-facing car seats should always be properly installed in the backseat of the vehicle Installing an infant or child car seat in the front passenger seat places the child at risk of serious injury or death from the airbag in an accident
• Children should remain in forward-facing car seats with a five-point harness system until they reach four years old or weigh at least 40 pounds
• Once children are five years old and/or are at least 36 inches tall, they may graduate to a child booster seat
• Children should remain in booster seats until they are at least 4 foot nine inches tall and weigh 80-100 pounds. Typically this is around age eight or when a child can safely wear a seatbelt correctly positioned while seated against the back of the seat cushion with their knees naturally bending over the seat edge and their feet flat on the floor

Child booster seats may have backrests or be backless. A booster seat works with the vehicle’s seatbelt and lifts the child to the correct height for correct seatbelt positioning. If a child isn’t mature enough to remain sitting up correctly with a seatbelt, they should remain in a booster until they are ready.

Car Seat Installations Checks in Texas

According to the National Highway Safety Administration, as many as 46% of child car seats and boosters are either incorrectly used or incorrectly installed inside the vehicle. The Texas Department of Health and Human Services offers car seat installation check stations and car seat checking events so parents can ensure their child’s seat is correctly installed. At these events, Certified Child Passenger Safety (CPS) technicians also offer advice to parents on proper fit and harness positioning. Failure to properly secure a child in an age and size-appropriate car seat or booster may result in fines of up to $250.

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Car accidents happen every day on Texas roads and elsewhere across the United States. Some accidents may seem minor, but even a relatively mild accident that’s little more than a fender-bender can cause tremendous force on the body. Even when traveling at a relatively slow 30mph, a 100-pound motorist becomes a 3,000-pound force in a collision.

In an accident, a seatbelt provides life-saving protection by preventing the body from being propelled against the interior of the vehicle or through the windshield during the crash. While a seatbelt protects the torso by limiting its motion, the motorist’s head and neck may sustain serious injury from the crash force alone during an accident. As noted by our Austin car accident lawyers, whiplash and concussions are common injuries diagnosed in car accident victims.

Understanding Whiplash and Brain Injuries

During a collision, the body continues moving forward at the speed the car was traveling while the vehicle comes to a sudden halt around it. This force propels motorists inside the vehicle forward against the seatbelt which keeps them secured to the seat. During the crash, the motorist’s head and neck make a sudden, powerful back-and-forth motion like a whip. Whiplash injuries occur when the delicate vertebrae, tendons, and ligaments in the neck become stretched and damaged during the sudden jolt and rapid back-and-forth motion.

During the rapid jarring that causes whiplash neck injury, the brain may also become jostled inside the skull. Despite the protection of a cushioning layer of fluid and the bony skull, the brain is still sensitive to damage occurring inside the skull in an accident. During a powerful whiplash injury, the brain may twist inside the skull, bumping against the bone and tearing tiny blood vessels while it twists. Then, bleeding, bruising, and swelling occur, resulting in a concussion.

What is a Concussion?

When the brain sustains injury due to outside forces it’s called a traumatic brain injury (TBI) A concussion is a TBI that ranges in severity from mild to severe. It’s possible to get a concussion due to whiplash when the brain is jostled during the same crash event that causes whiplash injury to the neck.

Symptoms of Whiplash and Concussion

Whiplash symptoms may occur immediately after an accident or could develop during the hours and days following the accident as inflammation occurs. Symptoms of whiplash include the following:

• Neck pain and stiffness
• Tenderness in the neck
• Headaches
• Numbness and tingling in the shoulders and arms
• Dizziness
• Nausea

The same rapid, jostling motion that damages the structures inside the neck may also significantly jostle the brain inside the skull causing a concussion. Symptoms of a concussion include the following:

• Headache
• Blurred or double vision
• Dizziness
• Nausea and vomiting
• Lack of concentration
• Mood changes
• Sleep disturbances
• Ringing in the ears
• Numbness or tingling in the arms and hands
• Seizures

Since whiplash and concussions share some of the same symptoms, it’s important to have a thorough medical evaluation after an accident. Be sure to tell the doctor about all of your symptoms. 

Car accident victims may have whiplash, a concussion, or both whiplash and a concussion. Speak to an Austin brain injury lawyer to learn more.

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Driving on a busy highway can be intimidating, especially for inexperienced drivers. Even those who drive daily may feel anxious when faced with high-speed traffic and multiple fast-moving traffic lanes. Most drivers automatically assume the slower-moving right lane of traffic is the safest option for traveling on a multi-lane highway, but is that always true? Data collected from the National Highway Traffic Safety Administration (NHTSA) tells a different story. While the right lane may be safest in some circumstances, choosing the safest lane isn’t always that simple. Understanding the risks and benefits of each traffic lane on a multi-lane highway can help drivers make the best lane decisions while on the road.

Should I Always Choose the Right Lane Unless Passing?

Many drivers feel the most comfortable in the right lane of moving traffic on multi-lane divided highways. This lane has its benefits. Because the traffic generally moves slower in the right lane, if you’re comfortable driving at or slightly below the speed limit, the right lane is often the best option. Injuries tend to be less severe when accidents occur in right-lane traffic due to the slower speed. However, remaining in the right lane in busy urban areas may present more dangers than the middle or left lane due to frequent exit and entrance ramps and traffic merging into the right lane. Cars more frequently accelerate, slow down, and merge while traveling on the right. 

Studies show that more accidents occur in the right lane of traffic on the highway compared to the other lanes, however, injuries are often less severe. Data suggests choosing the right lane for safety in rural regions, but not in high-traffic areas with many entrance and exit ramps.

Is the Left Lane the Most Dangerous on a Multi-Lane Highway?

You may be surprised to learn that the left lane has fewer crashes on three-lane highways than the right and middle lanes. This is likely due to the fact that there’s less traffic in the left lane since it’s typically reserved for passing cars or high-speed traffic. However, while fewer accidents occur in the left lane of highways, the accidents that happen in this fast-moving lane result in more serious injuries. The crash force in an accident increases substantially at higher speeds, resulting in greater harm in a left-lane accident. The left lane also offers the least amount of driving space for maneuvering to avoid an accident.

Is The Middle Lane a Safe Compromise for Drivers?

Driving in the middle lane may seem like a safe alternative to the higher risk of accidents on the right and the lower risk of accidents, but higher risk of catastrophic injuries on the left. But the middle lane also has its set of risks and benefits. While accidents occur less often in the middle lane than in the right lane, they’re more common in the middle lane than in the left lane. One benefit of driving in the middle lane is the availability of space to maneuver on both sides to escape from possible accidents. However, middle-lane driving requires extra vigilance because there are lanes of moving traffic on both sides. The middle lane is only safest as long as you practice defense driving and remain alert to traffic on both sides.

Choosing the Best Lane on the Highway

The safest lane option may depend not only on the traffic situation in the place and time that you’re on the highway but also on your own defensive driving skills and where you feel the most comfortable with the speed of the traffic flow.

If you were in a vehicle accident, reach out to an Austin car accident attorney to discuss your case today.

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The aftermath of a serious car accident is chaotic and confusing. If you’re dealing with injuries or injured family members at the scene of the accident, the last thing on your mind is worrying about what happens to your damaged vehicle. But once the dust settles on an accident, many car accident victims wonder what happened to their car after they left the accident scene, especially if they need to recover personal items from the vehicle or if they need to assess the damage for an insurance claim or lawsuit.

Many accident victims are stunned to learn that their towed vehicle accrues storage fees for every day that it’s unclaimed. So, what does a car accident victim do after an accident when their damaged vehicle was towed from the scene?

Consensual Towing Vs. Non-Consensual Towing

If you’re alert and conscious at the scene of the accident and you believe your car is drivable, you may wonder why you can’t drive your vehicle away from the scene once cleared by law enforcement officers to leave. Typically, police won’t allow you to drive a heavily damaged car that could present a danger to you or others on the road. For instance, a crumpled hood could spring open while you’re driving and cause another accident. A significant impact may also damage a car’s cooling system or other mechanical systems that present safety hazards. 

If you’re alert and still at the scene of the accident, officers generally ask for your signed consent to tow away your vehicle. This is consensual towing which often happens quickly after an accident to clear traffic. Even when crashed vehicles are on the shoulder of the road they may impede traffic flow due to curious onlookers who slow down to observe.

If you were seriously injured in a car accident, an ambulance rushes you from the scene for treatment in a hospital. In this case, the police request a tow of your vehicle without requesting your consent or signature. This police-initiated action is a necessary non-consensual towing.

Where Does a Towed Vehicle Go After an Accident?

If the accident is minor and you remain at the scene instead of taking an ambulance to the hospital, you may request a tow to the repair shop or garage of your choice or to your home. Otherwise, the police may have it towed to a storage yard, impound lot, or salvage yard. You may face significant costs for storage or impound fees if you leave your car in an impound or a police storage yard for many days or weeks. You may also have to pay towing fees.

How Do I Access My Damaged Vehicle or Get It Back After an Accident?

If the police had your car towed after you left the accident scene, you may have to contact the law enforcement agency in the jurisdiction of the accident to determine where they towed your car. Once you locate your vehicle, call the impound lot or other facility to determine their storage costs, their business hours, and what documents you’ll need to bring with you to prove ownership and remove your car. What you do with your vehicle after you regain custody of it depends on the severity of the damage. You may be able to drive the vehicle home or to an auto body or repair shop if the damage is minor. Otherwise, you’ll have to pay additional towing costs to transport the vehicle to a repair shop or for a damage assessment and estimate for repairs or for insurance claim purposes. If the car was totaled and placed in an impound, you’ll need to arrange a tow to auto salvage.

Do I Have to Pay Towing and Storage Fees for My Car After an Accident?

After a car accident, it’s likely that you’ll have to pay the upfront fees for towing and vehicle storage; however, if someone else was at fault in your accident, part of your accident claim for damages may include compensation for these expenses. When another driver’s negligence causes injuries and expenses, you shouldn’t be left responsible for the related costs. Don’t hesitate to speak to a car accident lawyer in Austin today to discuss your legal options. 

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