Did you suffer serious injuries or lose a loved one in a car crash? Sadly, you can’t expect insurance companies to have your best interests at heart. They are out to maximize their profits. So, they will try to pay you as little as possible – or nothing at all. That’s why you should immediately get legal help from one of the best car accident attorneys in Houston at Fleming Law.
We have over 30 years of experience helping those injured in car, truck, and motorcycle accidents all around Houston. If you have been injured, call us now.
If you were injured in an accident that wasn’t your fault, hiring a Houston car accident attorney is critical to represent you. An experienced Houston car accident lawyer has the knowledge to take on the insurance companies and the resources to manage every aspect of your case on your behalf, giving you the time and space to focus on your health after your car accident injuries.
If you sustained severe, debilitating injuries, the financial stakes could be quite high. As medical bills start to pile up, you could quickly sink into debt — especially if you aren’t able to work and lose your primary source of income. You may not have the time or energy to focus on your injury claim. If you try to navigate the claims process on your own, you might end up with a much smaller settlement than you need.
At Fleming Law, our Houston car accident lawyers can help you in many different ways, including by:
Personal injury law is complex. It can help to have an experienced Houston car accident lawyer who has dedicated their career to understanding it thoroughly — particularly one with experience at both the negotiating table and in court. Unless you are a Houston auto accident attorney yourself, you might not be equipped to handle your own case or reach a car accident settlement.
You should contact an attorney right away if you’ve been injured in a car crash. If you are seriously injured, you will likely be preoccupied with your recovery. Depending on your prognosis, it may be challenging for you to devote the necessary time and effort to bring a claim.
A seasoned car accident lawyer can begin working on your claim while you focus on recovering from your injuries. The sooner you secure legal representation, the sooner your attorney can get to work gathering the evidence to prove your case. The longer you delay, the harder it will be for your lawyer to recover this evidence.
Some injury victims express concern about the cost of hiring an attorney. If you are facing steep medical bills and aren’t able to earn an income while you recover, paying a lawyer to represent you might seem like something you cannot afford.
However, this is likely not the case. First, the cost of not hiring an attorney is often higher than the cost of hiring one. Not only can a Houston accident lawyer help you make informed decisions during a difficult and confusing process, but they can also handle settlement negotiations with the insurance company on your behalf.
If you try to go it alone, you risk making a weak argument that allows the insurance company to deny liability entirely or forces you to walk away with a smaller amount than you deserve. A competent car accident attorney can help you build a strong case that stands up to scrutiny, significantly improving your chances of recovering fair compensation.
At Fleming Law Personal Injury Attorneys, we represent clients on a contingency-fee-basis. That means you won’t owe us anything unless and until we secure compensation for you. Because you won’t have to pay any upfront legal fees, hiring an attorney will not add to your financial burden.
Houston car accidents are traumatic. You might be in shock and not know what to do next. Emergency medical personnel might have arrived at the crash scene to examine the vehicle and provide necessary treatment to stabilize anyone injured. You should try to gather as much evidence at the location as you can. But what do you do once the scene is cleared?
In the aftermath, you can take the following steps to protect yourself and your right to pursue compensation:
When you are the victim of a serious auto accident injury, the insurance company will be working hard to collect facts and evidence to bolster a defense to your claim and minimize your damages. It is crucial that you contact a Houston car accident lawyer so that evidence and witness accounts will still be fresh.
It can be challenging to determine how much money you may be entitled to without the help of a Houston car accident attorney. First, you would need to gather your medical records and bills, pay stubs, car repair estimates, and any other evidence of associated expenses to determine your economic losses.
Calculating non-economic losses can be even more challenging. Non-economic losses are intangible losses you suffered due to the accident, like pain and suffering. An experienced car accident attorney can assign these a value as well.
You can help your lawyer by keeping a journal throughout your recovery. Each day, you should record your level of physical pain and emotional state. Your attorney can review this document and use it to quantify your non-economic losses.
Although there is no set amount that you can claim, in general, the more severe and expensive your injuries, the more compensation you could receive. The Houston car accident attorneys at Flemming Law are prepared to investigate your crash thoroughly to determine all your losses and demand compensation to match. The last thing you want is to accept a less-than-generous settlement that leaves you to pay certain costs out of your pocket. The more we can recover for you, the easier it will be to return to your normal life.
Following an auto accident, many people do not know where to start to obtain a copy of the accident report. The first thing you should do is determine which law enforcement agency investigated the car accident.
Usually, the investigating officer will give you a slip of paper indicating their department name and the officer’s name. If the car accident investigator did not give you the information, you should figure out where the accident happened.
Generally, a car accident will be investigated by one of three agencies – the Texas Department of Public Safety (DPS), the County Sheriff or a city police officer.
If the accident happened:
Some agencies allow you to order an accident report online while others might require a written request to be sent in the mail. In all cases, the cost of an accident report is only a few dollars.
Car Accidents Caused by Drunk Driving (DWI) or Driving Under the Influence (DUI)
In one recent year, Harris County led all counties with 149 fatal car crashes and 158 fatalities as a result of drunk drivers. Auto accidents stemming from drunk driving can subject the drunk driver to unlimited punitive damages.
Chapter 249 of the Texas Penal Code provides: (2) “Intoxicated” means: (A) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or(B) having an alcohol concentration of 0.08 or more.
Sec. 49.07. INTOXICATION ASSAULT. (a) A person commits an offense if the person, by accident or mistake: (1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another.
Sec. 49.08. INTOXICATION MANSLAUGHTER. (a) A person commits an offense if the person:(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake. (b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree.
Other causes could be reckless driving, failure to yield the right of way, or driving the wrong way. Whatever the cause, the basic elements of an auto accident are similar to any negligence claim. You need a car crash lawyer who can build a case to prove that the driver was negligent in the operation of their car and this caused the collision and your resulting injuries.
Millions of vehicles travel on Texas roads daily, resulting in thousands of accidents. The Texas Department of Transportation (TxDOT) estimates there were over 550,000 collisions in a single recent year – about 1,500 every single day. And with the population growing constantly, so does the risk of an accident.
While you can do your part in preventing collisions by practicing safe driving techniques, no amount of care or caution can protect you entirely. An accident might involve something entirely out of your control, such as another driver swerving into your lane or a faulty vehicle part malfunctioning.
While each collision is unique, many share certain underlying causes. This allows us to group collisions by type based on the cause or how the involved vehicles hit each other.
Car accident cases are complex, and many state laws can affect how much you can recover. Here are some important laws that you should be aware of as you pursue your car accident claim.
Motor vehicle drivers must demonstrate their financial ability to pay for car wrecks they cause. Many follow the law by purchasing auto insurance with liability coverage.
In Texas, liability coverage must meet the following minimum limits, often called 30/60/25 coverage:
$30,000 for bodily injury per person in an accident the driver causes
$60,000 for bodily injury per accident the driver causes
$25,000 for property damage per accident the driver causes
Liability insurance covers another person’s lost wages, medical expenses, pain and suffering, and other losses in a car accident. An injured party cannot recover more from a policy than the money allowed by its limits.
Liability coverage also applies to accidents caused by family members or someone you let drive your covered vehicle. Depending on the terms of your policy, it could also pay for losses if you’re in a collision while driving a rental car.
You must be able to provide proof of insurance if a law enforcement officer requests it. An officer will typically ask for proof of insurance at the same time they ask to see your driver’s license. Registering a motor vehicle, renewing the registration, and annual inspections also require showing proof of insurance.
Providing your insurance is necessary after an accident, regardless of who is at fault. State law requires the driver of a car involved in a crash that results in injury or death to give the name of the liability insurer to anyone else involved in the accident. They must also report the accident to the local police department or sheriff’s office if someone was injured, someone died, or any of the vehicles were so damaged they couldn’t be safely driven.
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Texas is one of the many states that follow a fault-based car insurance system. That means the person who causes an accident is financially responsible for compensating anyone they injure. If the driver has liability insurance, their carrier should cover the damages up to the limits of that policy.
The Texas Department of Insurance (TDI) imposes liability requirements every motor vehicle driver must meet. Those requirements include coverage for injuries and property damage. Injured parties outside the at-fault driver’s vehicle can file a claim with that motorist’s liability insurer. If their losses exceed the policy’s liability limits or the driver doesn’t have insurance, they can file a lawsuit against the driver.
The state’s modified comparative negligence laws might affect the outcome of an insurance claim or lawsuit. As long as the victim is no more than 50 percent at fault, they can still pursue compensation through a car accident lawsuit. However, the amount of compensation they recover will be reduced by their percentage of fault.
While the modified comparative negligence laws apply only to court cases, they also influence insurance settlements. That’s because adjusters will consider what might happen in court when deciding how much to offer a claimant.—>
Starting a claim early can minimize the risk of missing the deadline to file a lawsuit. In Texas, the statute of limitations on personal injury claims allows a two-year time frame for filing suit. That means you have two years from the date of a crash to file a personal injury lawsuit. Once two years pass, you can lose your right to compensation.
However, some exceptions pause or extend the timeframe. You could have more time to file if either of these conditions applied to you at the time of the accident:
You were a minor – If you were underage when the collision occurred, you have two years from the date you turn 18 to file your lawsuit. You were of unsound mind – If you were of unsound mind at the time of the accident, you must file suit within two years of gaining mental competency.
Claims against the government work differently. In Texas, you must submit a notice of a claim to the appropriate governmental agency within six months of the crash if you intend to sue. The notice must include various information, including the date and time of the accident and a description of the events.
Some municipal and local governments provide shorter deadlines for filing a notice of a claim. For example, you must provide notice of your claim within 90 days in the City of Houston.
Insurance companies often set reporting requirements also. Some allow up to 30 days to file a claim. Others use language such as “promptly” or “within a reasonable period.” Regardless of the reporting requirement listed on the policy, filing the claim as soon as possible is crucial to getting the ball rolling and avoiding unnecessary delays or a denied claim.
It is important to remember that insurance companies are not on your side. An insurance adjuster’s goal is not to compensate you fully but to save the company money and keep its shareholders happy. Approach any conversation with an insurance adjuster or agent with this truth in mind.
First, you should never admit fault or apologize when speaking to an insurance adjuster. You should provide only basic details, such as your contact information and a brief, non-detailed description of the accident. Never speculate about the crash, and stick to the facts. If the insurance adjuster asks to record you or take a statement, politely decline. Remember, they can use anything you say against you.
The insurance company may use several tactics to reduce or deny your claim.
They might try to shift the blame for the accident onto you. They might argue that you sustained your injury in a separate incident. Some insurance companies will ask you to visit a doctor of their choosing for a second opinion. When the doctor writes their report, they will most likely downplay the severity of your injuries.
One of the most common tactics insurance companies use to minimize their expenses is to offer accident victims a quick, lowball settlement. If they make you an offer, it’s probably less than you deserve. You should never sign a settlement agreement without first consulting a car accident attorney. A lawyer can handle all communications with the insurance company on your behalf so that you don’t get tricked or bullied into accepting anything less than you’re owed. Houston car accident lawyer. Houston personal injury lawyer.
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