If you’ve been injured in an auto accident, your most immediate concern is your health and well-being. However, it doesn’t take long to realize how devastating the expense of your accident can be. Medical bills and lost income from missed work take a heavy toll, and the anxiety you feel on top of the pain you’re suffering is bound to have a negative effect on your recovery.
Fortunately, the skilled El Paso car accident attorneys at Ortega, McGlashan, Hicks & Perez, PLLC can ease that part of your burden. Drawing on more than 80 years of combined legal experience, our lawyers can investigate your case thoroughly and assemble the evidence necessary to build a compelling case. We understand how important it is for you to receive full, fair compensation for your economic losses and your pain and suffering, so we pursue the maximum amount possible for your recovery.
For a free analysis of your case, give us a call at (915) 206-5154.
Common Car Accident Injuries
When searching for a personal injury attorney, it’s important to find someone who is experienced in managing cases like yours. For auto accident victims, that means the attorney has handled litigation involving motor vehicle collisions under similar circumstances to yours that resulted in injuries similar to yours.
Through the decades, our lawyers have managed a variety of cases involving:
- Distracted driving accidents
- Drunk driving accidents
- High-speed freeway crashes
- Intersection crashes
- Head-on, sideswipe, T-bone, and rear-end collisions
- Crashes involving moving violations and reckless driving
We've helped clients who have suffered a variety of injuries, such as:
- Broken bones
- Concussions and traumatic brain injuries
- Internal injuries
- Loss of limbs
- Scarring and disfigurement
- Spine and neck injuries
- Whiplash injuries, torn ligaments, and displaced discs
- Wrongful death
Although all accidents have significant differences, our background in accident litigation qualifies us to handle virtually any type of motor vehicle accident case in Texas or New Mexico.
Comparative Negligence Law Can Limit Your Recovery
For all personal injury claims, but especially for auto accidents, courts in New Mexico and Texas apply comparative negligence laws. These laws allow the court to apportion fault for an accident and reduce a victim’s compensation – if they share some of the blame.
For example, if Driver A ran a red light, but Driver B was glancing down at a cellphone and didn’t see the car coming, Driver B might share some of the fault for the collision. A court could decide that Driver A is 80% at fault, and Driver B is 20% at fault. Under those circumstances, if Driver B suffered $100,000 in losses, he could only recover $80,000 from Driver A.
Texas and New Mexico have a bar to recovery at 51%, which means that any party who is mostly to blame for the accident cannot recover any amount of compensation for injuries from the other party.
Because of the comparative negligence statute, you should never make any statements at the scene of an accident that hint at an admission. Even a simple “I’m so sorry” can come back to haunt you in a court of law.
Dealing with Uninsured & Underinsured Drivers
According to insurance industry statistics, about 12% of drivers in the United States do not carry liability insurance. That means you have about a 1 in 8 chance that the driver who hit you has no insurance. Also, the driver who hit you could only have the statutory minimum level of insurance, which might not be enough to pay for your losses. The situation in El Paso is further complicated because of its proximity to the Mexican border, potentially involving drivers from Mexico whose insurance coverage is governed by different regulations.
When you’re hit by an uninsured or underinsured driver, your only recourse could be the uninsured motorist coverage from your own policy. You might think that filing a claim with your own company should pose no problems, but you’d be surprised at how fast that relationship sours, even if you’ve been faithfully paying your premiums for years. A skilled and knowledgeable El Paso car accident lawyer is essential if you’re going to get the compensation you deserve.
Contact our office today at (915) 206-5154 for a free review of your auto accident claim. We serve all of Texas and New Mexico.