Helping You Recover after a Life-Altering Accident
Austin is known for having some of the worst traffic in the nation. With thousands of cars on the road every day, it’s not surprising that our area experiences more than its fair share of auto accidents.
If you or a loved one were involved in a car crash, you are likely suffering from lasting consequences. Serious accidents can lead to catastrophic injuries and even death, while relatively minor accidents can still leave victims dealing with injuries, trauma, and financial burdens.
At Howry Breen & Herman, we help victims of negligence fight for a just recovery. Our Austin car accident attorneys have extensive trial experience and are prepared to help you pursue the compensation you are owed.
A car accident, also known as a traffic collision, is an event where a vehicle collides with another vehicle, pedestrian, animal, road debris, or other stationary obstruction, such as a tree or utility pole. Car accidents can result in injury, property damage, and sometimes death. They are caused by various factors, including driver behavior, road conditions, and mechanical failures.
At Howry, Breen & Herman, we handle all types of auto accident cases, including those that involve:
Rear-End Collisions: Rear-end collisions occur when one vehicle crashes into the back of another vehicle. These accidents are often caused by tailgating, sudden stops, or distracted driving. They can result in whiplash injuries for the occupants of the front vehicle.
Head-On Collisions: Head-on collisions happen when the front ends of two vehicles hit each other. These accidents are usually severe because the impact force is doubled. Causes include wrong-way driving, distracted driving, and impaired driving.
Side-Impact Collisions (T-bone): Side-impact collisions, also known as T-bone accidents, occur when the front of one vehicle strikes the side of another. These accidents commonly happen at intersections and can cause significant injuries due to the limited protection on the sides of vehicles.
Rollover Accidents: Rollover accidents involve a vehicle tipping over onto its side or roof. These accidents can be caused by high speeds, sharp turns, or collisions with other vehicles or objects. SUVs and trucks are more prone to rollovers due to their higher center of gravity.
Hit-and-Run Accidents: Hit-and-run accidents occur when a driver involved in a collision flees the scene without providing contact information or aiding the injured. These accidents can leave victims without immediate help and make it difficult to seek compensation for damages.
Drunk Driving Accidents: Drunk driving accidents involve drivers operating vehicles under the influence of alcohol or drugs. Impaired drivers have reduced reaction times and impaired judgment, leading to serious and often fatal accidents.
Distracted Driving Accidents: Distracted driving accidents happen when a driver’s attention is diverted from the road. Common distractions include texting, talking on the phone, eating, or using in-car technologies. These distractions can lead to collisions and serious injuries.
Rideshare Accidents (e.g., Uber or Lyft): Rideshare accidents involve vehicles operated by drivers for companies like Uber or Lyft. These accidents can occur for various reasons, including driver negligence, distracted driving, or poor vehicle maintenance. Liability in these accidents can be complex due to the involvement of rideshare companies.
Did Driver Negligence Lead to Your Accident?
Operating a moving vehicle is a huge responsibility. Every time a motorist gets behind the wheel, he or she has a duty to act in a reasonably safe manner in order to protect themselves, their passengers, and other motorists. Unfortunately, not all drivers take this responsibility seriously. When drivers act carelessly or recklessly, they can cause serious accidents.
Some of the most common causes of car accidents that can be attributed to negligence include:
Distracted driving, including eating or cell phone use
Driving under the influence of drugs and/or alcohol (DUI/DWI)
Reckless driving, including speeding or street racing
Failure to follow traffic laws, including illegal turns or lane changes
Dangerous driving maneuvers, such as turning left ahead of oncoming traffic
Failure to stop at street lights and/or stop signs
Fatigued driving or falling asleep at the wheel
These are just some examples of how negligence might lead to a car accident. Other examples of negligence include defective automobile design or faulty car parts (including brakes or tires), poorly designed roads, or unsafe speed limits.
Serious Injuries After a Car Accident
The types of injuries you might suffer in a car accident depend on the type of accident and its severity. Some people can walk away from a crash and only require a doctor’s checkup.
Others need immediate medical attention and extensive hospitalization. In either situation, our attorneys can help fight for every cent of compensation owed for medical care because we proudly take cases big and small.
Injuries suffered in car accidents can vary, such as:
Broken bones
Whiplash
Brain injury
Back injury
Spinal cord injury
Lacerations
Scarring
Vision loss
Hearing loss
Organ damage
Texas Car Accident Laws
In Texas, car accident laws follow a fault-based system, meaning the person responsible for the accident is generally liable for damages.
Texas is not a no-fault insurance state. This means that individuals involved in accidents typically seek compensation directly from the at-fault party's insurance company.
To succeed in a car accident claim in Texas, you generally need to establish the following elements:
Duty of Care: You must show that the at-fault party owed you a duty of care. In car accident cases, all drivers have a duty to operate their vehicles safely and follow traffic laws.
Breach of Duty: You need to demonstrate that the at-fault party breached their duty of care. This could involve actions such as speeding, running a red light, or other negligent behaviors.
Causation: You must establish a causal connection between the at-fault party's breach of duty and the injuries or damages you sustained. In other words, you need to show that the accident directly resulted from the other party's actions.
Damages: To pursue a claim, you must have suffered actual damages. These damages can include medical expenses, property damage, lost wages, pain and suffering, and other related costs.
Texas law requires drivers to report accidents that result in injury, death, or property damage exceeding $1,000. The report should be filed with the local police or the Texas Department of Transportation.
Understanding Texas Comparative Fault Law
Much like other types of motor vehicle and bicycle accidents, car accident liability falls under Texas’s comparative fault law. Under this law, a driver is only entitled to recover damages if he or she is no more than 50% at fault for the accident.
If a motorist is found to be less than 51% at fault, he or she is entitled to recover the total amount of damages suffered minus the percentage that he or she is liable. In other words, if a jury finds that you suffered $100,000 worth of damages but you were 40% at fault for the accident, you are entitled to recover $60,000.
Every situation is unique and, therefore, it is impossible to say how much your case is worth without a consultation. It is important that you meet with a car crash attorney in Austin to discuss the specifics of your case and to determine whether or not you are entitled to recover damages.
Steps to Take After an Accident
You can’t always predict when a negligent driver is going to hit you. But you can always be ready for what to do after you get into a car accident. No matter what sort of car accident you are in or who caused it, there are five steps you should always follow to help navigate the situation and to benefit your future injury claim.
Call Emergency Responders
After any car accident in which someone is seriously injured or debris is scattered into the roadway, you should call emergency responders for help. Firefighters can extract people from damaged vehicles, paramedics can perform lifesaving first aid, and police officers can redirect oncoming traffic away from the damaged vehicles. Emergency responders will also write reports about what they saw and did. Your future claim could benefit from those reports.
Write Down Identifying Information
You will need to collect identifying and insurance information from all other parties involved. Write down the information where you know you can find it later. Although you might not need the insurance info of passengers involved in your crash, you should still get their contact information.
Take Pictures & Video
Some of the most convincing evidence to support your car accident claim will be photographs and video footage taken at the scene of the crash. Use your smartphone to take pictures of vehicular damage, injuries, traffic and roadway conditions, and the weather. The easier it is to recreate the scene using your photos and video later, the better.
Avoid Apologies
You might want to say something like, “I’m sorry. Are you okay?” No matter what your good manners tell you, do your best to avoid giving an apology after your crash. Insurance companies like to keep an ear open for apologies and misconstrue them into an admission of guilt as an unfair way to pin liability on someone.
See a Doctor
On the same day as your accident, you should see a doctor for a medical checkup. Even if you feel fine, arrange to see a trusted medical professional within the next few hours of your accident. You could have underlying injuries that you don’t notice right away but that a doctor can diagnose.
Starting your treatment as soon as possible can help mitigate the severity of your injuries. It will also benefit your claim by making it more difficult for an insurance company to blame the severity of your injuries on you, which they often do when a claimant does not see a doctor or ignores the doctor’s orders.
Contact a Car Accident Lawyer
As a last added step, you should speak with a local car accident lawyer in Austin at your first opportunity. If your claim is complicated or contested by the insurance company representing the other driver, then a lawyer can help you strengthen and progress your claim in pursuit of fair compensation for your damages.
Maximize Your Compensation After a Car Accident
After a car accident, it's important to take the necessary steps to protect your rights and maximize your compensation. Our team of Austin car accident lawyers is here to guide you through the legal process and ensure you receive the full and fair compensation you deserve.
Here are some key advantages of hiring our law firm:
Years of experience: Our knowledgeable and skilled team of lawyers specializes in personal injury law, including car accidents. We possess the knowledge and skills to navigate the legal process efficiently.
Investigation and evidence gathering: We take the initiative to investigate the accident thoroughly. This includes collecting evidence, interviewing witnesses, and working with experts to build a strong case on your behalf.
Navigating insurance claims: Dealing with insurance companies can be challenging. We handle all communication with insurers, ensuring that your rights are protected and that you receive fair compensation for damages.
Maximizing compensation: Our goal is to maximize the compensation you deserve. We assess all potential damages, including medical expenses, lost wages, property damage, and pain and suffering, to ensure you receive a fair settlement.
Legal representation in court: If negotiations with insurance companies are unsuccessful, we are prepared to represent you in court. Our legal team is experienced in litigation and will advocate for your rights before a judge and jury.
Peace of mind: Engaging our services provides you with peace of mind during a challenging time. You can focus on your recovery while we handle the legal aspects of your case.
Don't let the financial burden of a car accident add to your stress. Contact our team today for a free consultation and let us fight for the compensation you deserve.
Have More Questions? We Have Answers.
How Long Do I Have to File a Claim in Texas?
In Texas, you generally have two years from the date of the accident to file a lawsuit for personal injuries suffered in a car crash. These time limits are set by Texas Civil Practice and Remedies Code § 16.003. Failing to file a claim within this time frame generally means you forfeit your right to seek compensation, so you should consult with an Austin auto accident lawyer as soon as possible after an accident.
How Much Money Will I Get?
The amount of money you might receive for a car accident claim in Texas depends on various factors, including the severity of the accident, the extent of your injuries, and the impact on your life.
Each of the following should be considered when calculating your financial recovery:
Current medical bills
Future medical expenses
Lost income
Loss of earning capacity
Physical pain and suffering
Emotional distress
Vehicle repair or replacement
Out-of-pocket expenses
In cases of extreme negligence or intentional harm, additional compensation may be awarded to punish the wrongdoer and deter similar behavior in the future.
Each case is unique, so it's important to consult with a car accident attorney who can evaluate the specifics of your situation and provide an estimate of potential compensation.
Can I Afford to Hire a Car Accident Lawyer?
Many car accident attorneys in Austin work on a contingency fee basis – including those at Howry, Breen & Herman. This means you don't pay anything upfront; instead, we only get paid if we win your case or recover a settlement. We also offer a free initial consultation to discuss your case. This allows you to access legal representation without the financial burden of upfront fees.
What If My Case Goes to Trial?
At our firm, we are fully prepared to take your case to trial if necessary, and we are not afraid to do so. While many cases are settled out of court, we believe in pursuing the best possible outcome for our clients, even if that means going before a judge and jury. Our experienced trial attorneys are skilled in courtroom litigation and have a proven track record of success.
We understand that the trial process can be daunting, but we are committed to standing by your side every step of the way, aggressively advocating for your rights and ensuring that your voice is heard. Your best interests are our priority, and we will not hesitate to take your case to trial if it means achieving the justice and compensation you deserve.
Call Today for a Free Consultation
At Howry Breen & Herman, we have been helping injured victims throughout the Austin and Georgetown area since 1995. Our team is dedicated to helping our clients fight for a favorable outcome.
In addition to assisting injured victims, we represent defendants wrongfully accused of negligence. No matter your situation, our Austin car accident attorneys can provide you with the personalized legal counsel and aggressive advocacy you need.
I could not have found more caring people, better lawyers or a better law firm than Howry Breen & Herman.
M.A.
“We are so grateful they believed in us and partnered with us to handle this case!”
We don’t have enough words to describe how thankful we are for everything HBH did to win our business case for us. We are so grateful they believed in us and partnered with us to do it. They are amazing at what they do and we could not have had a better team. They made an enormous, positive difference for us and our business. I could not recommend them more highly.
J.K.
“We were always one step ahead!”
My lawyers at HBH were so smart and aggressive – we were always on offense and one step ahead. They just kept hammering and the other side had no answer.
T.B.
“Best in the Business, Strongly Recommend”
HBH went above and beyond to help out following a crisis. Over the course of a 3 year case, I was always kept in the loop by their amazing team. Their preparation and execution was flawless and made the whole process run smoothly. Cannot speak highly enough of their team and how they care for their clients. Will never recommend another personal injury firm besides HBH.
Since 1997, the "Lead Counsel Verified" status has been granted to attorneys who possess:
- The Right Professional Experience
- A Spotless Record
Law.com: Top 100 Verdicts 2024
Howry, Breen & Herman is proud to have been named a Tier 1, 2 and 3 Austin “Best Law Firm” in 9 practice areas by U.S. News – Best Lawyers® (“U.S. News” and BL Rankings, LLC). Law firms are selected for inclusion in this prestigious ranking based on a series of quantitative and qualitative criteria. Our specialty and tiers are listed here: https://bestlawfirms.usnews.com/profile/howry-breen-herman-llp/overview/36628
The Austin Bar Association was founded in 1893 as a nonprofit professional organization for attorneys. Its mission is to enhance the legal profession, administration of justice, and the community through education, networking, and public service.
Abota Foundation Patriot
Howry Breen & Herman, LLP was selected the Top Personal Injury Law Firm in Austin by Texas Lawyer, “Best of 2020”. The annual special supplement contains the results of Texas Lawyer readers’ poll, wherein readers cast their votes for the best providers of services and goods to the legal profession.
Attorney Sean Breen and Attorney Chris Lavorato placed in California’s Top 100 Settlements for 2019, as tracked by The Recorder and VerdictSearch.
Our law firm is proud to have been recognized in the Texas Verdicts Hall of Fame. Texas Lawyer in conjunction with VerdictSearch, recognize attorneys and law firms for their verdicts of $10 million or more. In 2011 Sean Breen was a Hall of Fame Award Recipient for the #1 Premises Liability Top Texas Verdict, awarded by Texas Lawyer, for the jury verdict award in the case VanDusen v. Aspen Square Management. In 2016 Sean Breen was inducted into the Texas Verdicts Hall of Fame, awarded by Texas Lawyer, for an outstanding verdict in Nester v. Textron.
Selection to America’s Top 100 Personal Injury Attorneys® is by invitation only and is reserved to identity the nation’s most exceptional litigators for high-value personal injury, catastrophic injury, wrongful death, product liability, and medical malpractice matters. HBH is proud that Sean Breen has been selected for this award. Less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community. (2017-2022)
Best Lawyers - Lawyer of the Year | Personal Injury Litigation – Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Best Lawyers - Lawyer of the Year | Litigation - Trusts & Estates (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Best Lawyers - Lawyer of the Year | Personal Injury - Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Lifetime Achievement selection to America’s Top 100 Attorneys® is by invitation only and is reserved to identify the nation’s most exceptional attorneys whose accomplishments and impact on the legal profession merit a Lifetime Achievement award. Selection is not achieved based on a single accomplishment or a single great year of success, but rather on a lifetime of hard work, ethical standards, and community enriching accomplishments that are inspiring among the legal profession. Both Sean Breen (since 2017) and Randy Howry (since 2018) are honored to receive this award.
America’s Top 100 High Stakes Litigators® is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters. To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state. HBH is privileged to honor Partners Sean Breen (2017- 2022) and Randy Howry 2017, 2019, 2020 and 2021 for selection of this award.
Expertise - Howry Breen & Herman was recognized and featured in an article by expertisecommunity.com as one of the Best Real Estate Lawyers in Austin. 2020
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
The National Trial Lawyers – Top 100, a highly respected legal organization that limits its members to premier trial attorneys who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by strict qualification requirements. Sean Breen Top 100 Civil Plaintiff, since 2009.
Top 10 Business Tort Trial Lawyers by the National Trial Lawyers. Randy Howry 2012-2013; Sean Breen since 2016.
The Best Lawyers in America® recognizes the top 5% of the most skilled attorneys in the nation. The robust selection process requires attorneys to nominate and review fellow lawyers based on their ethics, skill, knowledge, and ability to obtain results for their clients. The Best Lawyers in America® list is a way for plaintiffs to identify the leading attorneys in their region, known for their ability to get results with honesty, strength, and skill. Tim Herman, Sean Breen & Randy Howry have been featured by The Best Lawyers in America® (consecutively from 2006-2023) running alongside some of the most qualified firms in the nation. More info here.
Top Attorneys As Published In Texas Monthly
Sean Breen has been recognized for obtaining the Number 1 Verdict in Texas for electrical injury and utility negligence. This win underscores his relentless commitment to achieving justice for his clients and showcases the firms dedication to exceptional advocacy.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2017. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2016. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen has been a member of the Multi-Million Dollar Advocates Forum since 2011, a renowned legal organization whose membership is restricted to trial attorneys who have achieved seven-figured settlements and/or jury verdicts.
Martindale-Hubbell® is widely regarded as one of the most renowned peer-review rating organizations in the legal field. Randy Howry (2018), Sean Breen (2001), Tim Herman (1998), and Glen Wilkerson (2014) at Howry, Breen & Herman have achieved the organization’s highest distinction of AV Preeminent®.
Each year, Super Lawyers® magazine publishes its list of peer-nominated/evaluated and independently reviewed attorneys. We are proud to have attorneys who have been selected for inclusion in the prestigious Texas Super Lawyers® List, by Thomas Reuters since 2003, running through 2020.
Membership in Top American Lawyers is limited to only 1% of all attorneys in the United States. Randy Howry is proud to be honored with a Lifetime Charter Membership in this exclusive organization (2017).
Randy Howry was honored by Austin Monthly’s Top Attorneys in 2023.
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