As a Houston-based personal injury law firm that has a national name, we can answer lots of inquiries regarding automobile accidents from family, friends, and, of course, our clients. We are proud to be a trusted source of information regarding automobile accidents as well as how to proceed if you're involved being involved in an incident. We offer solutions to many of the most frequent queries we receive about auto accidents.
We are convinced that in the realm of legal issues, knowledge is power. If you have more information than you do, you can make better decisions regarding what you should do after an auto accident.
How Common Are Car Accidents In Houston?
Car driving is something we do every day. Cars are an integral aspect of our lives. They help us go to work on time, bring our children to school, meet our family and friends and generally transport us wherever we need to go.
Driving allows us to have freedom. However, it is one of the most dangerous actions we take. The United States averages 6 million crashes per year, which includes more than 35,000 deaths, and far more injuries. Based on the Texas Department of Transportation, in 2022, there were more than 3,000 automobile accidents that killed people in Texas and more than 12,000 serious injuries.
Types Of Car Accidents That Happen In Houston, Texas
Car accidents can have a variety of kinds. The type of crash you're involved in typically determines who is responsible for the harm you suffer. If you're not sure how to proceed following an accident, you should consult a Houston lawyer to get legal guidance.
The most commonly occurring kinds of car accidents that occur in Texas are:
- Head-on collisions
- Single-vehicle accident
- Rear-end collision
- Accident of hit and run
- Rollover accidents
- Rideshare accidents
- Taxicab accidents
- Fatal accidents
What Should You Do After A Car Accident In Houston?
A car crash whatever the cause, whether or there are injuries, can be a stressful event. While your body struggles with trauma and shock, it is difficult to decide what you need to do. However, what you do in the future will affect your health as well as your future financial security.
We recommend following the following steps following an accident in the car:
Stop and Get to Safety
If you've been involved in an accident with a vehicle in Texas even if it appears to be a minor collision and you're not able to stop, you need to stop. Inability to stop is an infraction of Texas state law and could result in a fine or even jail, dependent on the circumstances. Make sure your vehicle is stopped at the earliest as possible, without blocking the flow of traffic, or parking in a risky location.
For instance, you can take a wide shoulder along the highway. You should immediately park your vehicle then get out and take a walk far from the car and the traffic that is coming up. Don't sit in your car and check the time on your smartphone in your car.
There could be dangers that are not always obvious which could result in the vehicle catching fire or becoming dangerous. If you or any of your passengers are unable to exit the vehicle due to injuries, dial 9-1-1 immediately for help.
Get Police and Medical Help
In the aftermath of a car accident if you can get away from your car it is possible to start assessing the extent of the damage to the vehicle and exchange information as soon as possible. It is recommended to do this however only after calling 9-1-1 to report the incident and to get medical or police assistance. Your safety and that of everyone else involved are your top concern.
Sometimes, it requires an expert medical professional to spot the signs of a medical problem, particularly since you may be in shock following the accident. The most efficient way to dispatch certified police and medical personnel to the scene of the accident.
Record Important Accident Information
When you've contacted 9-1-1, it is time to start recording the details of the incident, if physically capable of doing it. If the police arrive at the scene, it's normal for them to request you to sign an official traffic citation. You're not admitting guilt by signing the traffic ticket and therefore you must take the time to sign it. It can take months or even years to resolve legal disputes and insurance claims caused by car accidents to be sorted out.
Exchange Contact Information
Exchange phone numbers, names, and information about insurance with all other drivers involved in the crash. Find the contact and name of witnesses, which includes passengers. Beware of the temptation to discuss particulars about the incident like the person who was at fault or with other drivers.
Take Photos and Videos
After exchanging information, you can take photos of the scene and make notes on what transpired as it's fresh in your thoughts. Notes can be made in the notes section on your smartphone if you don't have a notebook in your bag. Don't show or hand out the notes you've made to anybody else at the scene. Instead, keep them in a safe place to use in future use.
After you have arrived at the scene, police recommend that you obtain the badge and name of all officers present at the site, along with the number of the police report. If possible, obtain an exact copy of the report. It is possible to request it from the police the report. If it's not available then inquire with them on how to get it as quickly as you can.
Obtain a Medical Assessment
There are a variety of accidents that can cause injuries that aren't immediately visible to the untrained following an accident. Moreover, certain injuries may not manifest any signs until days, or even weeks after. Even if you're feeling well, it is important to get medical attention immediately following the accident to detect hidden injuries and get them treated. On the scene, doctors will give you a pre-inspection.
They could direct you to visit the emergency room as soon as possible in an ambulance, or even have someone else accompany you. Even if they don't however, we strongly recommend getting a fully comprehensive medical examination whenever you can. If you think there could be an acute injury you should visit the hospital.
If not, schedule contact with your main healthcare provider.
Report the Accident to Your Insurance Company
After you've taken care to ensure your security you should report the accident to your insurance provider as quickly as you can. Some insurance companies now offer phones that allow you to notify them of an issue. If not, simply dial the number on the insurance card.
Notifying the driver of the crash to your insurance company begins the process of claiming and is necessary to avail of certain kinds of insurance coverage that are covered under your policy. It is essential to report the accident regardless of whether you were the cause of the accident, as the insurance company could require reimbursement for expenses while it seeks compensation from the insurance of the other driver. The insurance company could need a written declaration from you, however, you're not required to give it right away.
You should speak with an attorney for injuries before presenting your report. You might need to utilize your insurance policy to get a full settlement when the other driver doesn't have the appropriate coverage.
Do Not Divulge Sensitive Information to the Other Party's Insurance Company
It's not unusual to have someone else that was involved in the crash or their representatives such as their attorney or insurance company call you right after the accident, often within hours. It is not a great moment to speak to them. Be courteous and only provide basic details such as your contact details.
Don't agree to the recording of a call and don't provide any complete details of the incident or injuries that occurred on the spot. You may inform them that you'll provide an official statement after you've gathered all the information. Contacting them via telephone -- and thus at a young age -- may result in you saying something that later could be utilized against you.
In reality that by calling this early, they could be trying to frighten you. In the event, for instance, you find later that you have many more injuries than originally considered, like whiplash, which is a frequent delayed-onset injury, they might try to reaffirm the original description of your injury. Waiting and submitting a written declaration gives you the time to collect your thoughts and investigate the incident and evaluate the injuries and then seek an attorney.
Contact an Attorney
There is no requirement to engage an attorney for your accident however, as we'll discuss in the next section, it's usually advised. At the very least you should talk to one or more lawyers to find out the ways they can help before deciding whether or not you want to employ one.
No Upfront Costs
In a contingency-fee case, it is the client's responsibility to have to pay upfront any legal costs. If the case is resolved favoring the client through settlement or litigation the law firm that represented the client is money from the funds. If the case fails the client doesn't have to pay any attorney costs.
These types of agreements permit clients to pursue legal recourses when they wouldn't be able to afford them.
Insurance Companies Are In It For Themselves
Many people think that the insurance company will take care of their claim. In reality, the insurance companies aren't your allies. They employ lawyers all day and night to figure out ways to make you pay less or to deny you insurance claims.
Insurance companies are known for taking decisions that are more in their own best interests, not- such as offering low-ball rates which are not worth the value of your claim or refusing to settle a claim that they are required to. Do not confront your insurance company by yourself. Expertly trained Houston Auto accident lawyers are familiar with the most common bad-faith insurance strategies.
Attorneys act as your ally and advocate, defending you from bad conduct by you and other parties' insurance companies. If, for instance, you receive an offer that is too low, your lawyer is likely to advise you to decline the offer. They will try to negotiate with your attention an amount that completely compensates you, and will determine if you can pursue legal action with the insurer due to their indecent behavior.
Other Parties Might Blame You
If you believe it was your fault in an accident in the car, however, others may view the incident differently and may claim you were the cause of the incident. The determination of who is responsible in a situation can be complicated by legal and factual questions including accident reconstruction as well as case law and evidence of causality. Your lawyer will have the expertise and resources, like experts to defend you against claims made by opposing parties.
Medical Cost Management
If you're hurt during a car accident and suffer from injuries, you'll be faced with medical bills resulting from the treatment and treatment right after the accident and continue to receive treatment until you have reached your medical maximum recovery.
If a driver is in the wrong the other driver is responsible for the cost. But, they usually are not able to pay the charges immediately, and you remain accountable until they do. The health insurance you have may help with some costs however, in the majority of instances, you will have hundreds of dollars in medical bills that you have to cover.
A Houston lawyer for car accidents can prevent medical expenses from ruining your finances in several ways. They can assist you in sorting through what can be a confusing web to determine who is accountable for the payment. They can also help negotiate with medical professionals to put off the collection process until the lawsuit is settled. You may also reduce the amount due to ensure that less money is taken out of the settlement.
How Can You Find The Best Houston Car Accident Attorney For Your Case?
The process of hiring an attorney for your case involving a car accident could be your first experience collaborating in conjunction with an attorney. If you don't have any personal injury lawyers and you won't be sure where to begin. Where can you find lawyers? How do you locate a good attorney?
To locate the best car accident lawyer in Houston for your situation begins by looking up potential lawyers, and arranging meetings with the top contenders before making your final decision. Begin by gathering a list of names of possible car accident lawyers. You can talk to relatives and friends, browse Google, or even contact Bar associations in your area for suggestions.
Choose an attorney or company which focuses on only crashes in cars in their areas of practice. Even the most reputable attorney in business law is not going to be a great candidate for representing you during a car crash. Choose two or more law firms you're interested in, and then schedule an appointment.
A quick look at the profiles of attorneys and law firms can only provide you with a few details. We advise you to talk to lawyers before deciding to hire their services for the personal injury claim you have. Professionals who are knowledgeable of this will be more than happy to meet and discuss your case with you.
There is more to learn from the interaction in person than through writing. Some examples of great questions you could ask include:
- What's your firm's expertise in handling these kinds of cases?
- Are you and your company have any experience going to trial when required?
- Are you personally handling my case?
- If the case doesn't be successful, do I need to cover any charges or fees?
- Could you describe the procedure for filing my case, and how we can collaborate?
Be sure to be confident in the reliability and expertise of your Houston lawyer for car accidents. You'll be working closely with them for some time and giving them confidential information. Additionally, their abilities will affect the result in your instance.
What Are The Most Common Types Of Car Accident Injuries?
Car accidents can be traumatic that can lead to physical and psychological harm. It is important to be aware of your physical and mental health right after the accident and keep doing the same. Even minor car accidents could result in serious injuries.
Certain injuries, like whiplash, might not cause discomfort or other symptoms right away. There are too many potential injuries resulting from car accidents to mention, however, the following are the most commonly-injured accidents that cause injuries:
- Scrapes, cuts, and bruises
- Cracked or damaged Bones
- Headaches
- Whiplash
- Concussion
- Neck and Back Injuries
- Blood Clots
- Internal Bleeding
- Post-Traumatic Stress Disorder
Laws You Should Be Aware Of
Although accidents are quite common nowadays, the majority of people are still unaware of their rights or the Texas laws that outline the correct procedure to do after an accident. Let's look at some of the laws you must know before heading out on the road.
SEC. 550.021: Accident Involving Personal Injury or Death
The person who drives a vehicle that is involved in an accident that results or is likely to cause death or injury to an individual must:
- stop the vehicle at the site of the accident or as close as possible.
- Return to the site of the collision if the vehicle has not been still at the scene of the crash;
- Determine if a person was involved in the accident, and when a person is involved in the incident, determine if that person requires assistance.
- remain at the site in the event of an accident, until the person responsible meets the provisions in section 550.023 (Duty to Provide information and render aid).
A driver of a vehicle that is required to stop the car under subsection (a) must not hinder traffic for longer than is necessary.
A person is guilty of an offense if the person fails to stop or fails to comply with the provisions under this chapter. A violation of this section:
- the death of a person is a crime with the degree of a second or
- serious bodily injury according to Section 1.07 (Definitions), Penal Code is a crime that is a felony in the third degree.
- An accident that causes injuries to the extent to which the provisions of Subdivision (1) are not applicable is punishable under:
- prison for some time in the Texas Department of Criminal Justice for no more than five consecutive years of detention inside the jail of the county for no more than one year.
- A fine not exceeding an amount of $5,000 or
- in addition to the fine, prison, or confinement.
SEC. 550.022: Accident Involving Damage to Vehicle
Except as permitted by subsection (b) the driver of a vehicle that is involved in an accident that destroys a vehicle driven or supervised by a person must:
- The vehicle must be stopped immediately at the site of the accident and as near as is possible to the site of the incident, but without the obstruction of traffic that is more than needed;
- quickly return to the site of the collision if the vehicle has not been still at the scene of the crash;
- remain at the site at the scene until the driver meets the provisions in section 550.023 (Duty to Provide information and render aid).
If an accident happens on the main lane shoulder, ramp, or an adjacent section of a freeway within an urban area, and every vehicle involved can be safely as safely and comfortably driven every driver must move their vehicle as quickly as possible to an accident investigation location if one is available or located along the road's frontage or the closest crossing street, or any other suitable site to meet the obligations under the Section 550.023 (Duty to Provide Information and to Render Aid) and to minimize the impact on freeway traffic.
An individual commits an offense ifs not stopped or is not in compliance with the conditions under subsection (a). A crime under this subsection includes:
- A Class C misdemeanor if total damage to the vehicle is less than $200 or
- A Class B misdemeanor is when the total damage to vehicles is more than $200.
- (c-1) (c-1) A person is guilty of an offense if the individual doesn't meet the conditions of
Subsection (b). An offense in this subsection is an offense of the class C misdemeanor.
This section states that a car can be safely driven only when the vehicle:
- is not a towing requirement; and
- can be operated with its power and in the normal way, without harm or risk to the automobile, other vehicles, or the road.
SEC. 550.023: Duty to Give Information and Render Aid
The person who is the driver of a car involved in an accident that results in the death or injury of a person or injury to a vehicle controlled or operated by an individual must:
- provide the operator's name and address as well as the registration numbers for the car the driver was driving, along with the full name and address of the driver's motor vehicle liability insurer anyone who is injured or to the driver or a person who is a passenger in the vehicle involved in the collision.
- If you are asked and have it available, present the driver's license to the person
as described in Subdivision (1) as described in Subdivision (1); and - offer anyone who is injured by the accident with reasonable assistance, such as the transportation of or arrangements to transport the patient to a doctor or hospital care in the event the need for treatment or if the person injured is requesting transport.
Common Defenses Used By Insurances Companies In Car Accident Lawsuits
Insurance companies will strive to avoid paying costs for damages resulting from a car accident instance. They will do everything in their power to avoid having any claims. they're likely to resort to defense tactics like claiming that the cause of the accident occurred because of:
Unavoidable
Negligence is not applicable in the event of an unavoidable collision. In the event of proving that the crash was unavoidable the insurance company releases the driver the fault any responsibility.
Caused by a Sudden Emergency
The insurance company may be able to stop having to pay damages if it can establish that the accident took place as a result of an unexpected event. They must prove that the incident was not caused by carelessness, that it was not caused by the actions of the driver, and that it was unavoidable. They could also demonstrate that the driver behaved using normal care.
Caused by a New and Independent Cause
In this case, the insurance company will take on a portion of the blame for the incident. They will also claim that a third party is responsible for the injuries suffered by the victim and that the cause was not anticipated. To be successful the insurance company must be able to prove that the influence of the third party outweighed the fault of the at-fault driver.
An Act of God
This is the least frequently used defense. It is required by the insurance company to show that the accident was a natural event that occurred without human intervention. The reason for it is humans aren't responsible for the consequences of events that are not their responsibility.
To be successful an insurance company could use factors such as fog or rain, or wildfire smoke as manifestations of God. Husain Law + Associates P.C. has the experience that spans greater than fifty years. We have handled cases that involve these defenses several times.
Whatever insurance company throws our way We will take on the insurance company to ensure you get the most compensation you can to compensate you for your pain.
What Happens In A Houston Car Accident Claim Or Lawsuit?
In general, the majority of auto accident claims don't lead to lawsuits. They usually resolve themselves by negotiating in conjunction with insurance companies. However, if the Houston automobile accident attorney feels that your case warrants trial, they'll guide you on what to do next.
A typical claim consists of some of the steps below:
Investigation
In this phase, lawyers attempt to determine who is at fault. This may include investigating the causes and causes of the collision to establish negligence. The lawyer may look over the police reports, discuss with the driver who was at fault, or question witnesses who are willing to be interviewed.
Negligence can be seen when a driver is negligent or does not act in a responsible manner and turn can cause harm to others. Examples of negligence by a driver include:
- Overspeeding It's when you drive more quickly than the speed limit. It can also mean speeding too fast for the current weather conditions or the design of the road.
- Distracted driving includes driving while doing actions like texting, using the phone or sending emails making makeup, or playing with pets.
- Driving under the influence is driving when the blood alcohol level is higher than 0.08 which represents the limit that is legally allowed. It could also be a reference to driving intoxicated by a mixture of alcohol and another illicit substance.
- Sleepy driving is a reference to driving tired or asleep at the steering wheel.
- aggressive driving This includes things like tailgating, speeding through white lights, or making risky passes.
It is crucial to understand that the blame may not be always attributed to the driver who was at fault. In some cases the attorney might be required to consult with other at-fault parties, for instance, the following:
- Manufacturer of auto parts or manufacturer with a defect in their features.
- The mechanic who was unable to ensure the safety of the vehicle through a repair
- A government agency has failed to fix the road
- An employee who was unable to eliminate risk or issue adequate warnings
Filing an Insurance Claim or Lawsuit
After conducting an investigation, your attorney will submit a claim for compensation for the insurer. The insurance company can then either agree or deny the amount requested. They could also choose to pursue more discussions.
In the majority of cases, it is best to allow your attorney to manage any negotiations. It may take some time but the objective is to ensure that you receive the money you deserve. In the rare event that negotiations don't produce the desired results, Your attorney might advise that you pursue legal action.
The attorney will manage the whole procedure of filing a lawsuit. The attorney and insurance company may still reach an agreement before the trial. If a deal is reached before that time the trial date, the lawsuit will be dismissed. If not, it is sent to the court.
Settlement
If negotiations go well If negotiations are successful, both the insurer and insurance may negotiate a settlement. A verdict could be that is reached through legal proceedings. In either case, you can make steps to recuperate the settlement amount.
This may include an interminable wait while the attorney settles any outstanding charges. Attorneys will then take legal costs and mail you an invoice for the remaining amount. Keep in mind that every auto accident is different.
From beginning to finish can take anywhere between a few months and several years. The time frame is often based on various factors, including:
- The severity of injuries sustained by the victim
- The extent of damage to property
- The specifics of insurance policies
- The ease of determining the cause of the issue
- The amount and the quantity of evidence available to the case
- Your attorney's skills
In addition, not every accident case will follow all of the steps listed in this. To know what you can expect from your case it is recommended to consult with a lawyer for car accidents.
Learn More About Your Options After A Car Accident
If you or someone in your circle was involved in a car crash You probably want to know more than general information regarding car accidents. You need to know how to apply it to your particular situation. Our team of highly experienced and committed auto crash lawyers from Houston, TX are here to help you with that.
Get in touch with our team online by email or contact us at 713-800-1200 to arrange an initial consultation for free to discuss the circumstances of your car accident as well as potential legal claims. Our office is located in Houston We are proud to represent the victims of car accidents throughout Harris County, Fort Bend County, and Waller County including but not restricted to Jacinto City, South Houston, Uptown, West University Place, Southside Place, Spring Valley Village, Northside, Hedwig Village, Jersey Village, Mission Bend, Four Corners, Chinatown.
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