Car accidents can cause serious injuries, financial strain, and long-term challenges. If you were injured in a Houston car accident, you may have the right to recover compensation. A Texas car accident attorney at McLaurin Law can help you understand your rights and options for compensation.
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- Will G.
Determining Fault in a Texas Car Accident
Texas follows an at-fault insurance system for car accident claims. This means the at-fault driver is generally responsible for paying for the other parties’ damages.
Determining who was at fault in your Texas car accident is an important first step in the compensation process. An officer may have made an initial fault determination in the police report based on their interpretation of the accident at the scene. However, this determination may not be fully accurate and is not binding.
Your Houston auto accident lawyer can help you investigate the circumstances of the accident and gather evidence to establish fault. Evidence might include:
- Photos and videos of the car accident
- Witness testimonies
- Black box data from vehicles involved in the crash
- Dashcam footage of the accident
- The police report
Proving that another party was responsible for the accident can allow you to seek compensation through their insurance company or directly from them through a personal injury lawsuit, depending on the circumstances of the case.
Texas’s Comparative Negligence Policy and Your Case
Texas follows a modified comparative negligence policy for auto accidents. This allows an injured party to recover damages from another party even if they were partially at fault for the accident.
As long as you were not more than 50% responsible for the crash, you may still recover damages. However, your compensation award would be reduced by your percentage of fault. If you are 51% or more responsible, Texas law bars recovery.
For example, if the insurance company finds you 20% responsible for the accident, you would generally be eligible to seek 80% of your damages from the other driver. Reducing your percentage of fault through compelling evidence can affect the amount of compensation you might be eligible for.
In an uninsured driver accident claim, you may need to seek a payout through your own insurance policy. A Texas car accident lawyer can help you understand whether you have uninsured or underinsured motorist coverage that would apply.
Common Causes of Car Accidents in Houston, Texas
Houston has developed a reputation for its extensive number of car accidents each year.
Each year, hundreds of people in Houston lose their lives in traffic accidents, while thousands more suffer serious injuries.
Common causes of vehicle accidents in Houston include:
- Distracted driving: When drivers are distracted by their smartphones or events happening outside the vehicle, their reaction times generally increase, and they may overlook obstacles.
- Speeding: Driving over the speed limit makes it more challenging for drivers to stop or slow down in time to prevent a collision.
- Road congestion: Houston’s interstates and other roadways are often congested, especially during rush hour. Rear-end collisions are common during periods of stop-and-go traffic.
- Aggressive driving: Rush hour traffic sometimes leads drivers to act impatiently and aggressively because they are frustrated by the length of their commutes. They might change lanes unsafely, tailgate, or make other unsafe maneuvers.
Identifying the cause of your accident can help you navigate the compensation process.
What Compensation Can You Seek After a Car Accident in Houston, Texas?
The exact compensation you can seek after a car accident depends on your percentage of fault, your damages, and the compensation method you use. An experienced attorney can help you explore your options for compensation and calculate the value of your case.
Available compensation from an insurance policy in a Houston car accident case may include:
- Medical expenses
- Lost Wages (Time off work)
- Property Damage to your vehicle and other belongings
- Non-economic damages such as pain and suffering, emotional distress, and loss of quality of life.
- Punitive Damages. In some cases, punitive damages may also apply if the at-fault driver engaged in gross negligence, such as drunk driving or reckless speeding.
If you pursue a lawsuit against the at-fault driver or their insurance company, you may also be able to seek non-economic damages to compensate for the physical and emotional impact the accident had on you that does not correlate to an exact monetary price. Non-economic damages might include:
- Pain and suffering
- Loss of quality of life
- Emotional distress
Some car accident cases also give rise to punitive damages, which punish the responsible party for reckless or egregious behavior. Experienced car accident attorneys in Houston can help you determine whether a lawsuit makes sense and estimate the potential value of your case.
Houston Wrongful Death Lawyers for Fatal Car Accidents
If your loved one passed away in a vehicle accident in Houston, seek car crash legal help to determine your rights and options. You may be able to pursue compensation through a wrongful death claim.
In Texas, the deceased’s surviving spouse, children, and parents have the right to seek a wrongful death claim or lawsuit. If no family member files within three months of the date of death, the estate’s personal representative can initiate a case instead unless the family objects.
Wrongful death cases can give rise to economic and non-economic damages. You may have the right to seek compensation for your loved one’s medical bills, funeral expenses, and loss of income, along with your family’s emotional distress and loss of companionship. A personal injury attorney in Houston can help you explore your legal options.
Frequently Asked Questions
How long after a car accident can you sue in Texas?
The statute of limitations to sue after a car accident is generally two years from the accident date. If you miss this filing deadline, you risk the court dismissing your case. This is why it is important to speak with an attorney soon after your accident and start the legal process.
What if you are less than 50% at fault for an accident in Houston?
Under Texas’s modified comparative negligence law, an accident victim can pursue compensation from another party as long as they were less than 51% responsible for the crash.
What if an insurance adjuster denies your car accident claim?
If an insurer denies your accident claim, review the reason for the denial with an attorney. If the insurer acted in bad faith, you might have the right to take legal action against them under the Texas Insurance Code.
When do you need a car accident attorney in Houston?
You might need a car accident attorney in Houston if you need help understanding the compensation process or are having trouble seeking a payout through insurance. An attorney can provide guidance and legal support.
Seek Legal Assistance From McLaurin Law
Car accident claims are not always straightforward. Whether you are having trouble navigating the process due to extensive injuries, the other party is not cooperating, or the insurance company has denied your claim, seeking assistance from an experienced attorney can help you move forward.
At McLaurin Law, our car accident attorneys in Houston, Texas provide legal guidance for accident victims. Call us today at 713-322-5523 to request a consultation.
