As a Houston-based personal injury law firm that has a nationwide name, we can answer many inquiries about automobile accidents from family members, friends, and, of course, our clients. We are grateful to be a reliable source of information regarding automobile accidents as well as how to handle them if you are involved being involved in an incident. We provide solutions to many of the most frequent queries we receive about accidents in the car.
We are convinced that in the realm of legal matters, knowledge is power. If you have more information and have more information, you will be able to make better decisions regarding what you should do after an accident in the car.
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 reach work time on time, transport our children to school, meet our family and friends, and generally get us to where we want to go.
Driving allows us to have freedom. However, it is one of the most dangerous activities we can engage in. The United States averages 6 million accident-related car accidents each year, with more than 35,000 deaths, and far more injuries. As per 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 types. The type of crash you're involved in typically determines who is responsible for the damages you sustain. If you're unsure how to proceed following the crash, contact a Houston lawyer in a car accident to get legal guidance.
The most frequent kinds of car accidents that occur in Texas are:
- Head-on collisions
- Single-vehicle accident
- Rear-end crash
- Accident of hit and run
- Rollover accidents
- Rideshare accidents
- Taxicab accidents
- Fatal accidents
What Should You Do After A Car Accident In Houston?
An accident in a car no matter whether there are injuries is an incredibly traumatic event. When your body is adjusting to the trauma and shock, it can be difficult to decide what you should do. However, what you do in the future is crucial for your health and the future financial health of your family.
We suggest taking 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 regardless of whether it's just a minor collision it is imperative to stop. The inability to stop is an offense under Texas state law. It could lead to a ticket or even jail time in the event of an incident. Make sure your vehicle is stopped at the earliest as possible, without blocking the flow of traffic, or parking in a hazardous location.
As an example, you might park on a wide shoulder along the highway. Then, immediately park your car take it out, then move to a safe place far from the car and traffic on the way. Don't linger and forget your phone's time in your car.
There could be dangers that are not always obvious which could cause the car to catch fire or become an unsafe location. If you or any of your passengers are not able 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 assess the extent of the damage to the vehicle and then exchange information right away. It is recommended to do this however only after calling 9-1-1 to report the accident and get medical and law enforcement assistance. Your safety as well as that of everyone else involved in your top importance.
Sometimes, it requires medical professionals to recognize symptoms of a serious medical problem, and this is especially so since you may be in shock following the accident. The most efficient way to dispatch qualified police and medical personnel to the scene of the accident.
Record Important Accident Information
After you've called 9-1-1, it is time to start recording the details of the incident, if physically capable of doing so. If the police arrive at the scene, it's normal for them to request you to sign the traffic citation. You're not admitting guilt by signing the traffic ticket and therefore you must accept it. It can take months or even years to resolve legal disputes and insurance claims that arise from automobile accidents to sort themselves out.
Exchange Contact Information
Exchange phone numbers, names, and insurance details with the other drivers involved in the collision. Find the contact and name of witnesses, which includes passengers. Beware of the temptation to discuss particulars about the crash including who was responsible and with other drivers.
Take Photos and Videos
After sharing information, take pictures of the scene. Then make notes on what transpired as it's fresh in your memory. Notes are available in the notes section on your smartphone if have a paper on hand. Do not give or show the notes you've made to anybody else at the location -- simply keep them in a safe place to use for future use.
After you have arrived at the scene, police recommend that you obtain the badge numbers and names of all officers present at the incident, and also the number of the police report. If you have it, request an original copy of the report. You might have to request the police for the report. If it's not available and you are unsure of the procedure, ask them to obtain it as soon as you can.
Obtain a Medical Assessment
There are a variety of accidents that can cause injuries that aren't immediately obvious to a non-trained driver following an accident. Moreover, some injuries won't show any signs until days or even weeks after. Even if you're good, you must seek an examination by a doctor immediately following your accident to detect hidden injuries and begin treating them. On the scene, doctors will conduct a preliminary examination.
They could direct you to visit the emergency room right away via ambulance or have someone else accompany you. Even if they don't recommend it, we urge you to seek a full thorough medical evaluation whenever you can. If you think there could be an injury that is acute take yourself to the hospital.
If not, schedule appointments with the primary 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 insurer as fast as you can. Some insurance companies now offer phones that allow you to make a claim. If you don't, simply dial the number on the insurance card.
The moment you report the accident to your insurance provider begins the claim process and mandatory to use 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 your insurance company might require reimbursement for expenses while it seeks to recover from the insurance of the other driver. The insurance company could need a written declaration from you, however, you're not obliged to give it right away.
You should speak with an attorney for injuries before presenting your report. You may need to make use of your insurance policy to get a full settlement if the driver who caused your injury is not covered.
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 lawyer or insurance company contact you after the accident, often within hours. This isn't a good moment to speak to them. Be courteous and only provide basic information, such as your contact number.
Do not accept an audio recording, and don't give specific details about the accident or injuries immediately. You may inform them you'll give an unwritten statement after you've collected your data. Contacting them via phones -- and thus at a young age -- may lead you to make a statement 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 discover later that you suffered many more injuries than believed, for instance, whiplash, which is a frequent delayed-onset injury might try to reaffirm the initial account about your injury. Waiting and submitting a written declaration gives you the time to think about your feelings as you investigate the incident and assess your injuries and then seek an attorney.
Contact an Attorney
It is not mandatory to employ a car crash lawyer to handle your case, however, as we'll speak about in the next section, it's usually suggested. At the very least you should speak with one or more lawyers to discuss the ways they can help before deciding whether you should employ one.
No Upfront Costs
In a contingency-fee case in which the client is not required to pay legal fees in advance. If and when the case settles favoring the client through settlement or a lawsuit the law firm that represented the client is the funds. If the case fails and the client loses the case, the client will not due any attorney any costs.
These kinds of agreements allow clients to pursue legal recourses when they could not pay for them.
Insurance Companies Are In It For Themselves
Many people think that their insurance provider will take care of their claim. In this scenario, the insurance companies aren't your acquaintances. They employ lawyers who work all day and night to figure out ways to make you pay less or deny you insurance claims.
Insurance companies are known for taking decisions that are in their best interest -not yours- for example, offering offers that are lower than the amount of your claim or refusing to pay for a claim that they are required to. Do not confront your insurance company on your own. Professionally-trained Houston lawyers for auto accidents are well-versed in typical insurance bad-faith strategies.
Attorneys act as your ally and advocate, safeguarding you from bad behavior by other parties' insurance companies. If, for instance, an offer is unreasonably low, your lawyer will likely tell you against accepting the offer. They will try to negotiate with your attention an amount that is completely compensated for you and will determine if you can pursue legal action to sue the company due to their wrongdoing.
Other Parties Might Blame You
Even if you believe that you're the cause of an automobile accident, however, others may view the situation differently and claim that you caused the incident. The determination of who is responsible in a particular case could involve difficult legal and factual issues including accident reconstruction as well as case law and the proof of causality. Your lawyer will have the expertise and resources, like experts to defend you from accusations made by the opposing party.
Medical Cost Management
If you're hurt in a car crash then you'll have medical bills as a result of the care and treatment right after the accident and continue to receive treatment until you achieve the maximum amount of medical recuperation.
If a driver is responsible and the driver was at fault, they are accountable for the cost. But, they usually don't pay for the costs immediately, and you remain accountable until they do. The health insurance you have may pay for a portion of the expenses however in most instances, there are hundreds of dollars in medical bills that you have to cover.
A Houston attorney for car crashes will help you avoid medical bills that could cause a financial loss in several ways. They can assist you to sort through an entanglement of information to identify who is accountable for payment. In addition, they can in negotiations with medical professionals put off the collection process until the lawsuit is settled. They may also reduce the amount due to ensure that less money is taken from your 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 the first time you've ever had to collaborate on behalf of an attorney. If you don't have any personal injury lawyers and you won't be sure where to begin. How do you locate attorneys? Where can you find top lawyers?
To locate the ideal car accident lawyer in Houston to handle your case begin by looking up potential lawyers, and arranging meetings with your top choices before making your final decision. Begin your search for an attorney by collecting a couple of names of possible car accident lawyers. Ask your relatives and friends, or browse Google or call Bar associations in your area to get ideas.
Find an attorney or company that focuses exclusively on automobile accidents in their areas of practice. Even the most reputable lawyer for business isn't likely to be the best choice as your attorney in the event of a car crash. Choose two or more law firms you're interested in and set up an appointment.
The information you read about lawyers and law firms can give you a glimpse. We suggest that you have a meeting with lawyers before selecting them to handle any personal injury cases. The best lawyers understand this and are happy to meet with you and discuss your case with you.
There is more to learn from the interaction in person than through the written word. Some examples of great questions you could ask include:
- What's your company's experience with these types of cases?
- Does your company have experience in going to trial when required?
- Are you personally handling my case?
- If the case doesn't come to fruition, will I be required to cover any costs or fees?
- Could you describe the procedure for filing my case and the way we can collaborate?
You must be sure that you can are confident in the reliability and expertise of your Houston lawyer for car accidents. You'll be working closely with them for a long time, and will be giving them confidential information. Additionally, their abilities can affect the outcomes of the case.
What Are The Most Common Types Of Car Accident Injuries?
Car accidents are stressful events that can lead to physical and psychological harm. You must be aware of your physical and mental health right after the accident and keep doing the same. Even minor accidents in the car can cause serious injuries.
Some injuries, like whiplash, might not cause any pain or other symptoms until later. There are many possible injuries resulting from car accidents to list, but these are the most frequent accidents that cause injuries:
- Scrapes, cuts, and bruises
- Fragmented or broken 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 at present, a lot of drivers aren't aware of their rights or the Texas laws that outline the proper procedures to do after an accident. Let's review a few of the laws that are important to know before going to the open road.
SEC. 550.021: Accident Involving Personal Injury or Death
The person who drives a vehicle that is involved in an accident that causes or is reasonably likely to cause death or injury to an individual must:
- Stop the vehicle at the location of the accident, or as close as is feasible;
- Return to the site of the collision if the vehicle isn't still at the scene of the collision;
- Determine if a person was involved in the incident and determine, if someone is involved in the incident, determine if that person requires assistance.
- remain at the site at the scene until the person responsible complies with the provisions in section 550.023 (Duty to Provide Information and to Render Aid).
The driver of a car who is required to stop the vehicle under Section (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 in this subsection. A violation of this section:
- The death of a person can be an infraction 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.
- In the event of an accident that results in injuries to the extent to which the provisions of Subdivision (1) are not applicable is punished by:
- prison within the Texas Department of Criminal Justice for no more than five years detention inside the jail of the county for no longer than one year;
- A fine not exceeding an amount of $5,000 or
- as well as prison or confinement.
SEC. 550.022: Accident Involving Damage to Vehicle
Except as permitted by subsection (b) (b)), the operator of a vehicle that is involved in an accident that results in the destruction of the vehicle or assisted by an individual must:
- The vehicle must be stopped immediately as soon as you can at the location of the collision and as near as is possible to the site of the incident, but without blocking traffic more than needed;
- promptly return to the site of the accident, if the vehicle isn't still at the scene of the crash;
- remain at the site at the scene until the person responsible meets the provisions under Section 550.023 (Duty to Provide Information and to Render Aid).
If an accident takes place on the main lane shoulder, ramp, median, or an adjacent section of a freeway located in the metropolitan area and all vehicle involved is safe safely, and comfortably driven every driver must move their vehicle as soon as it is feasible to an accident investigation location if one is available or a place along the road's frontage or the nearest crossing street, or any other suitable site to meet the obligations in section 550.023 (Duty to Provide Information and Provide Aid) and to minimize the impact on freeway traffic.
An individual commits an offense if the person does not stop or fails to comply with the conditions in subsection (a). A violation of this subsection includes:
- A Class C misdemeanor if damages to all vehicles are less than $200;
- A Class B misdemeanor is if the total amount of damage to vehicles is more than $200.
- (c-1) (c-1) A person is guilty of an offense if the individual is not in compliance with the conditions of
Subsection (b). A violation of this subsection is an offense of the class C misdemeanor.
According to this article, a car can be legally and safely driven only when the vehicle:
- is not a towing requirement; and
- can be operated with its power and in a normal manner, with no risk of damage or danger to the automobile, the other traffic, or the road.
SEC. 550.023: Duty to Give Information and Render Aid
The driver of a vehicle involved in an accident that results in the death or injury of a person, or the damage to a vehicle operated or supervised by an individual must:
- Provide the operator's name, address, and identification number for the car the driver was driving, along with the full name and address of the driver's motor vehicle liability insurance company to anyone who is injured or to the driver or occupant of or a person who is a passenger in a vehicle that was 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) that is described by Subdivision (1) - Provide any person who is injured in the accident with appropriate assistance, such as the transportation of or arrangements to transport the patient to a doctor or hospital to receive medical care in the event the need for treatment or if an injured person requires transport.
Common Defenses Used By Insurances Companies In Car Accident Lawsuits
Insurance companies will strive to avoid paying the cost of damages in a car crash situation. They will do everything in their power to avoid having any claims. they will likely use defense strategies including claiming that the cause occurred because of:
Unavoidable
Negligence is not applicable in the event of an unavoidable collision. If the collision was unavoidable the insurance company can relieve the driver who was at fault from any responsibility.
Caused by a Sudden Emergency
The insurance company can avoid the payment of damages if they can demonstrate that the crash took place as a result of an unexpected incident. They must prove that the incident was not caused by the negligence of the driver, wasn't caused by the actions of the driver, and that the incident was not foreseeable. They can also prove that the driver acted in a normal manner.
Caused by a New and Independent Cause
By defending this the insurance company can take on a portion of the blame for the incident. They'll also argue that a third party was responsible for the injuries suffered by the victim and that the cause was not foreseeable. To be successful the insurance company must demonstrate that the influence of the third party overtook the negligence of the driver at fault.
An Act of God
It is the most infrequent defense. It is required by the insurance company to show that the accident was an occurrence of nature that occurred without human intervention. The foundation of the argument lies in humans cannot be held accountable for the consequences of events that are not their responsibility.
To be successful for the insurance company, they may use factors such as fog or rain, or wildfire smoke as manifestations of God. Husain Law + Associates P.C. has combined experience of over 50 years. We have dealt with cases involving these defenses numerous times.
Whatever insurance company has to throw at us we will fight it to ensure that you receive the highest amount of compensation to compensate you for your pain.
What Happens In A Houston Car Accident Claim Or Lawsuit?
In general, the majority of accidents do not lead to lawsuits. They usually resolve themselves by negotiating with the insurer. If, however, the Houston automobile accident attorney feels that your case needs trial, they'll guide you on what to do next.
A typical claim consists of these steps
Investigation
In this phase, attorneys attempt to determine who is at fault. This may include investigating the causes and causes of the collision to establish negligence. The attorney can study the police reports, discuss with the driver who was at fault, or interview witnesses willing to cooperate.
Negligence occurs when a driver is negligent or fails to behave responsibly and, as a result, results in harm to another person. The most common examples of negligence from a driver include:
- Overspeeding It is the act of driving more quickly than the speed limit. It may also mean driving too fast in the current weather conditions or the road's design.
- Distracted driving includes driving while doing things like texting, using the phone or sending emails applying makeup, or playing with pets.
- Drinking and driving It is driving in a state where the blood alcohol level exceeds 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 a different illegal substance.
- Sleepy driving is a reference to driving when exhausted or sleeping at the driving wheel.
- aggressive driving includes actions like tailgating, running at white light, or making reckless passes.
It is crucial to understand that the blame may not always be attributed to the driver who was at fault. In certain instances the attorney may need to look to other at-fault parties, for instance, the following:
- Auto parts manufacturer firms with a defect in their features.
- The mechanic who was unable to secure the car by completing the repair
- A government agency has failed to fix the condition of a road
- An employee who was unable to remove the danger or provide adequate warnings
Filing an Insurance Claim or Lawsuit
After conducting an investigation, your attorney will submit a claim for compensation with the company that insures you. The insurer will then decide whether or deny the amount requested. They could also choose to pursue additional discussions.
In the majority of cases, it is recommended to allow your attorney to take over any negotiations. It may take some time however the aim is to secure the amount you are due. In the rare event that negotiations don't achieve the results, you want Your attorney might advise that you pursue legal action.
The attorney will manage the whole procedure of the filia lawsuit. The attorney and insurance company arecangotiate before the date of the trial. If an agreement can be reached before that time the trial, the case is dismissed. If not, the case goes to court.
Settlement
If negotiations go well If negotiations are successful, both your insurance provider and you can agree to a settlement. Another option is a decision made through legal proceedings. In either case, you can get the amount of your settlement.
This may include an interminable wait while your lawyer pays any outstanding invoices. Attorneys will then take legal fees and then send you an invoice for the remaining amount. Be aware that each automobile accident lawsuit is different.
From beginning to finish could take from a few months up to several years. The length of time can vary based on the following factors:
- The severity of injuries sustained by the victim
- The extent of damage to property
- Specifics of the insurance policy
- The ease of determining the cause of the issue
- Quantity and quantity of evidence available to the case
- Your attorney's skills
In addition, not every accident case will be able to go through all of the steps listed in this. To understand the steps to be expecting from your case, it is recommended to collaborate 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 and you are interested to know more than general information regarding car accidents. You need to know how to apply it to your specific situation. Our team of highly experienced and enthusiastic auto crash lawyers from Houston, TX are here to help you with that.
Get in touch with Us online by email or contact us at 713-800-1200 to schedule 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 proudly 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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