Houston Car Accident Lawyer

Were you injured in a car accident in Houston that someone else caused? You’re likely watching your medical bills pile up and taking time off work to recover, all while experiencing the trauma from the crash and your injuries. You shouldn’t be the one forced to suffer these losses. If someone else was to blame, you could be owed financial compensation for your medical expenses, lost income, pain and suffering, and more.

Sadly, you can’t expect insurance companies to have your best interests at heart. Insurers are out to maximize their profits. They will try to pay you as little as possible – or nothing at all. That’s why you should immediately get legal help from the skilled Houston car accident attorneys at Fleming Law.

With over 30 years of experience helping injury victims secure the money they need to recover, you can count on us to help maximize your compensation in your car accident case. We’ve recovered millions of dollars for injured Texans like you, including several multi-million-dollar victories.

As an award-winning personal injury firm, we have earned a reputation for our professional excellence and ability to obtain meaningful results for our clients. Let us put our skills and resources to work for you, too. Our highly-rated Houston car accident lawyers will treat your case with the individualized care and dedication it deserves. We will pursue your claim aggressively, even taking it to court if necessary to demand the full compensation you are owed.

Do I Need a Car Wreck Attorney?

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:

Thoroughly investigate and analyze the accident that caused your injuries.
Gathering evidence and determining liability.
Document your total financial and non-financial losses.
Negotiating with the insurance company.
Taking your case to trial if we can’t come to a fair agreement with the insurance company.

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.

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When Should I Contact an Accident Lawyer?

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.

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How Much Will a Car Accident Lawyer Cost Me?

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 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.

What To Do After A Car Wreck

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.

Seek medical attention

If you haven’t gotten medical care, see a doctor as soon as possible. Do not ignore your injury, even if it seems minor. While your bumps and bruises might not appear that serious, they could be signs of underlying injuries that put your health and life at risk. Not all injuries are visible. There could be internal bleeding, a fractured rib, or swelling brain tissue you can’t see. A doctor can document your injuries and connect them with the accident.

Contact a car accident lawyer

Hiring an experienced Houston car accident lawyer is crucial to the strength of your case. A good car wreck lawyer can handle all the legal aspects of your case for you. They will investigate to determine who is at fault, obtain valuable evidence, and negotiate forcefully with the at-fault driver’s insurer. You won’t have to take on the responsibility when you have a lawyer.

Document your losses

You can help your car crash attorney by providing them with as much documentation as you can. If you can’t prove your losses from the accident, recovering compensation will be tricky. The insurance company wants to see documentation of your injuries and the expenses you incur from treatment. You should hold onto your billing statements, physician notes, rehab records, diagnostic test results, and anything else that might be helpful.

Keep a pain journal

Writing about your injuries in a pain journal is also a good idea. Start on the car crash date by listing your symptoms and describing each one. For example, if you get headaches, note whether it’s a throbbing, dull, or sharp pain. You can also explain how your injuries affect your routine, such as preventing you from working, caring for your family, or performing basic tasks independently.

How Much Is My Car Accident Case Worth?

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 Fleming 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.

How Do I Obtain a Car Crash Report?

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:

In the city limits of an incorporated city, you can contact the police department of that city and ask about getting a copy of your car accident report.
Outside the city limits then the County Sheriff probably investigated the matter and a call to the accident division of that department will probably work.
If the sheriff did not investigate the crash, you should try the DPS office nearest the accident scene.

Some agencies allow you to order an accident report online while others might require a written request be sent in the mail. In all cases, the cost of an accident report is only a few dollars.

What Are Common Causes of Traffic Collisions in Houston?

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.

When somebody drives a vehicle while intoxicated and either injures or kills another, the law allows them to be sued for greater damages than if they had been sober. If you or a loved one have been injured by a drunk driver in a car accident, the case must be handled by an aggressive Houston car accident attorney in order to give you the best chance at recovering as much compensation as legally possible.

Distracted Driving

like talking on cell phones or texting while driving continues to be a leading cause of wrecks. In just a few seconds, distracted drivers can easily veer off the side of the road causing either a single vehicle auto accident or drift into another lane and cause a multi-vehicle collision.

Aggressive Reckless Driving

is described as “an individual who commits a combination of moving traffic offenses so as to endanger other persons or property.” Aggressive driving can take the form of speeding, running red lights, tailgating, and general disregard for the rules of the road.

Drowsy or Fatigued Driving

can actually be as dangerous as drunk driving or driving under the influence of legal or illegal drugs. If somebody gets behind the wheel of an automobile when it is dangerous, whether because of alcohol or exhaustion, they are putting other people on the road at risk.

Tire Blowouts

can be the result of many factors including defective tires, improper installation, over-inflation, under-inflation, overuse, and road hazards. Contact a Houston accident lawyer today.

What Are the Most Common Types of Auto Accidents?

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.

Some of the most common types of car accidents include the following:

Houston Auto Accident Laws

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.

Insurance Requirements

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.

What is the Statute of Limitations for a Car Accident Injury Claim in Houston?

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.

Should I Accept an Insurance Company’s Settlement Offer?

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 for your car injury.

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. Contact our Houston car accident lawyer today.

Call for a free consultation 888-529-0018 or Contact a lawyer Now!

Call Our Accident Attorneys Before The Insurance Adjusters

The adjuster for the driver’s insurance company keeps calling me. Do I have to give them my statement?

No. Oftentimes an adjuster will attempt to pressure an injured person into giving a statement after a car accident. In Texas, liability is not established on the basis of what information the other driver’s insurance adjuster attempts to secure from you.

You are not required to provide a statement to the other driver’s insurance company’s representative. Remember, if you have a serious injury, the adjuster’s job is to try to save the insurance company’s money – not protect your rights!

Rather than try to negotiate with a trained adjuster regarding your serious injuries, you should seek the advice of a qualified personal injury trial lawyer.

If the other driver’s insurance adjuster contacts you, you need to understand:

The adjuster doesn’t care about you or your injuries.
The adjuster and insurance company only care about saving money.
They want to pay you as little as possible for your injuries.

Don’t take on the insurance companies by yourself. You need a legal advocate armed with the experience and knowledge required to go after the maximum compensation your case calls for.

You should seek the best auto accident lawyers in Houston to handle your case. Fleming Law consistently ranks among the top Houston car accident lawyers in the city.

Do you know your rights or how to recover your damages after a Houston car wreck?

We Are Paid, Only If We Win for You

Are you worried about having the money to pay for quality legal representation?

– Let us put those worries to rest.

We handle all Houston car crash cases on a percentage basis. This means we cover all expenses to pursue the claim with the insurance company and file a lawsuit for the injuries you suffered in the accident.

If our car accident lawyers in Houston don’t win your case, you owe us nothing. Simple as that.

What Are the Most Common Types of Auto Accident Injuries?

Car accident injuries can range from minor bruising and cuts to severe bone fractures and life-threatening brain damage. The impact of two cars crashing into each other can produce significant and violent forces.

You should familiarize yourself with the signs of an injury and get to a hospital immediately so a doctor can examine you. Remember, you might not experience symptoms in the immediate aftermath of an accident. The traumatic experience can release a wave of hormones that dull your body’s pain receptors. Instead of going home to rest, you should seek treatment to determine if you have injuries.

Some injuries don’t cause symptoms right away. They might take a couple of days or weeks to appear. That is why you should never assume you’re unhurt or that the injury is minor – regardless of how you feel at the moment.

The most common injuries caused by car accidents include:

Traumatic brain injuries, also known as TBI or concussion
Back injuries, including slipped disks, nerve damage, and severe strains
Spinal cord injuries, including damage to the spinal cord that results in paralysis
Neck injuries are often referred to as “whiplash”
Broken bones throughout the body, but especially the ribs, sternum, pelvis, arms, and legs
Knee and ankle injuries, including sprains and tears in tendons and ligaments
Wrist and shoulder injuries
Burns
Deep cuts and abrasions, including those that leave disfiguring scars
Internal injuries, which often cause organ damage and blood loss
Lasting psychological trauma
Contact our Houston personal injury lawyer today

How Do You Prove Fault in Houston Auto Accident Case?

Proving who’s at fault for a car crash can be a contentious, time-consuming process. Although the person responsible for your injuries might seem obvious to you, insurance companies will do whatever they can to get out of paying a cent more than they have to.

You’ll need to find evidence showing whose actions contributed to the collision and that they caused your injuries. Some of this evidence comes from the crash scene. If police responded to the crash, they likely spoke to you, the other driver, and anyone who witnessed it. They will use these statements and a general investigation of the scene to write a report with their findings.

While this report is a helpful starting point for your claim, remember that it is only the officer’s opinions and observations of the incident.

Other evidence that could prove helpful in your case against the negligent driver includes:

Police citations

Any tickets issued to the other driver could help you argue that they broke a law meant to protect other road users.

Photographs

Photos can be compelling evidence showing the severity of your injuries and the extent of damage to the vehicles involved in the crash. They show the aftermath of the crash in a way that crash reconstructionists can use to reverse-engineer its cause. Pictures of visible injuries can also document how extensive they are, show the healing process, and indicate permanent issues such as disfigurement or scarring.

Medical records

Hospital records, doctor’s notes, and other records are also valuable. They can establish the nature of an injury, document that it occurred in the crash instead of an unrelated incident, and provide insight into its long-term consequences. Bills, invoices, and receipts also establish the cost of treating the injury. This proof is useful during negotiations with insurers or when making a case in court.

Witness statements

Eyewitness testimony provides a neutral, third-person account from someone with nothing to gain or lose based on the case’s outcome. A bystander could speak to what happened, what each driver did in the moments leading up to the collision, and whether anyone admitted fault or apologized.

Video surveillance

Cameras are everywhere these days. A nearby traffic or security camera might have captured the accident unfolding or a good view of the incident. Like photos, video surveillance is hard to dispute. A traffic camera might reveal the other driver broke a traffic law, such as failing to use their turn signal before changing lanes or drifting over the center line into oncoming traffic.

Frequently Asked Questions About Auto Accidents in Houston

Were you or a loved one injured in a driving accident in Houston or anywhere else in Texas? If so, you probably have lots of questions about what happens now. Such as, how long do you have to report a car accident or how do I get an accident report? That’s completely understandable. Contact our Houston car wreck lawyers for help with your detailed questions.

In an effort to help, we have provided answers to some of the most frequently asked questions about car accident claims. These are general answers to general questions. We are ready to provide you with specific answers to your individual questions such as, can a miscarriage be caused by a car accident?

To find out more about your potential car accident claim, contact one of our Houston car accident attorneys
for a free consultation that comes with no strings attached. We’ve been helping though involved in Houston auto accidents for years, and we are ready to help you.

What is pain and suffering?

In many cases, compensation for pain and suffering is the largest component of a car accident case. It’s helpful to know the legal definition of pain and suffering.

In general, “pain and suffering” refers to non-economic damages associated with a serious personal injury. It can refer to not only physical pain but also to emotional distress.

Determining how much you should be compensated for pain and suffering is highly personal to your case. Two people may experience the same injury, but the effect of that injury on their lives can be vastly different.

For example, if you are a new mother, a back injury may prevent you from picking up your child. If you are a runner, it can prevent you from doing the thing you enjoy. Because pain and suffering is highly personal, it’s important to keep a journal and record each day how the injury has affected you. That journal could be valuable evidence in your case.

Here are some factors in determining how much compensation you deserve for pain and suffering:

The severity of your injury (ex. Ejected from a car)
The medical treatment and rehabilitation you were forced to endure
How long it took you to recover from your injury
The long-term effects of the injury on your life, if you have suffered a permanent injury

The sooner you contact our attorneys after a car crash, the sooner we can go to work documenting your claim and helping you recover the maximum compensation.

Is Texas an At-Fault State?

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.

What if I was partially at fault in the car crash?

In Texas, you may still be able to recover compensation for an accident even if you were partly responsible for causing the crash. However, your compensation in a car accident case will be reduced by any percentage you were at fault. This area of law is known as comparative negligence. However, you can still recover compensation as long as your fault was not 51 percent or higher.

Since fault is such an important part of your accident case, it is important not to discuss fault with the other driver, the police officer, or any insurance company (yours or other driver’s) before you have discussed your case with an experienced personal injury attorney. You could make admissions that could reduce the amount of compensation you receive for damages such as medical bills, lost wages, and pain and suffering.

Here is an example. Suppose you are broadsided in an intersection by another driver who ran a stop sign. The other driver was clearly at fault. Unfortunately, a percentage of fault could be assigned to you if you made any of the following admissions:

You were speeding.
You failed to look both ways before entering the intersection.
You were sending or reading a text.
You were drinking.

Insurance company adjusters are experienced at getting people to make admissions that will reduce the value of their claim. Once you hire our lawyers to represent you, we will speak to the insurance company on your behalf.

Our Houston auto injury attorneys will carefully review the facts of your case and protect your interests at every phase of your case, including determining comparative negligence.

What If Someone Other Than The Driver Is At Fault For The Car Wreck?

In some cases, a claim for personal injuries from a car accident may also be brought against individuals other than the negligent driver.

If the at-fault driver was driving as a part of work-related duties, then the employer may be responsible for the driver’s negligence and the resulting damages.

If the at-fault driver was at the wheel of a vehicle owned by someone else, the owner of the vehicle may be liable for the negligence of the driver. This is known as liability for negligent entrustment. Under this cause of action, the owner of a vehicle who allows someone else to operate it can be held liable for his or her negligent driving when there is an accident. Vehicle owners may be liable if they negligently entrusted the vehicle to somebody they knew or should have known, to be a reckless, incompetent, or unlicensed driver. A Houston car accident lawyer can assist you.

What if the other driver had no (or too little) insurance coverage?

The other driver failed to carry insurance or the insurance isn’t enough. Now what?

You may have options if you are injured and the at-fault party has no insurance or not enough insurance coverage. One example is a Letter of Protection.

Texas has financial responsibility laws that requires all drivers to carry a minimum amount of liability insurance to help cover losses due to their own fault or negligence. In 2011, the minimum amount of liability insurance coverage for bodily injury was increased to $30,000 for one person (up from $25,000).

Often, $25,000 or $30,000 simply isn’t enough coverage to fully compensate persons injured through no fault of their own. Even with mandatory financial responsibility laws, many drivers in Texas simply do not carry insurance at all.

Your attorney can and should investigate the at-fault party’s personal assets to determine the possibility of recovery beyond liability insurance. However, in most cases, people who lack insurance coverage also lack the assets necessary to pay a judgment.

The good news is that there may be other options for recovering compensation. Such as sending a demand letter.

Texas also requires your automobile insurance company to offer you Uninsured/Underinsured Motorist Coverage, known as UM/UIM coverage. This law helps protect drivers from devastating consequences of being injured at the hands of an uninsured or underinsured motorist.

Because the law requires your insurance company to offer UM/UIM coverage, you can only reject it in writing. If your agent didn’t obtain your written rejection, then you may have coverage equal to the limits you carry for your own liability protection.

Your insurance company will have certain requirements of you before you can rely on your UM/UIM coverage. Those requirements should be outlined in your policy. Your insurance company may try to take offsets or claim credits against the amount of UM/UIM coverage it should pay you – some of which may not be allowed in Texas.

It is important to let your attorney investigate all available sources of recovery – beginning with liability and UM/UIM coverage – to compensate you for your injuries.

What are accident reports used for?

Car accident reports issued by law enforcement agencies can be powerful evidence when negotiating with insurance companies about your injuries. The opinions of the investigating officer will be shown in the report regarding the cause of the accident and fault of the parties involved.

However, it is important to remember that the police do not have final say on who is financially responsible for an accident. That is a civil matter and is ultimately up to the courts if the parties cannot reach a settlement.

You do not need to obtain a copy of an accident report yourself before you seek the advice of a personal injury attorney. We always obtain the report for our clients.

If you have any questions about car accident reports or your claim, contact us by email or call us. We always provide a free consultation.

What If The Car Accident Wasn't My Fault

If you didn’t cause the accident, you are not liable for any losses resulting from it. If the other driver was at fault, you could file an insurance claim or personal injury lawsuit against the driver to recoup the losses you suffered in the accident.

It is also worth noting that Texas is a modified comparative negligence state. That means that, as long as you are found to be less than 50 percent at fault for an accident, you can still recover compensation for your losses. However, the amount you can recover would be reduced based on your percentage of fault. For example, if you are found to be 30% at fault for an accident, you can still recover up to 70% of the total value of your losses.

How long after my car accident do I have to file a claim?

If you were injured due to another driver’s negligence, you should waste no time filing a claim with the at-fault driver’s insurance provider. You could endanger your claim if you wait too long.

If settlement negotiations fail, then you might need to pursue a personal injury lawsuit to recover the money you’re owed. Texas has a two-year statute of limitations on personal injury lawsuits. If you fail to take legal action against the at-fault party within that time window, the courts will likely dismiss your case, and you would lose the chance to obtain financial relief for your losses.

What types of damages are recoverable?

If someone else caused the car accident that injured you, you could be entitled to damages to compensate you for losses like:

Medical expenses, including hospital stays, physical therapy, prescription medications, surgery costs, in-home care, and doctor’s visits
Lost income, if you are unable to return to work while you are injured
Future lost income if the accident leaves you temporarily or permanently disabled and unable to perform your typical vocational duties
Pain and suffering, emotional distress, post-traumatic stress disorder (PTSD), anxiety, depression, and loss of enjoyment of life
Property damage, such as car repairs or vehicle replacement
Exemplary or punitive damages in exceptional cases of recklessness

Where can I rent a car after an accident?

If your vehicle was damaged in the car accident, you might need to get a rental car so you can get to work, run errands, and do other daily activities while your vehicle is being repaired. If the accident wasn’t your fault, you could file a claim against the at-fault driver’s insurance company to obtain coverage for rental car expenses.

You could also turn to your own insurance policy if you pay for rental car reimbursement coverage. You can recoup the cost of a rental car through a rental car policy regardless of who was at fault for the accident. The insurance company can offer you recommendations regarding body shops and rental car companies in the area. Still, you should also do your own research as well, since insurance companies will sometimes recommend auto repair shops with which they have business relationships in order to save money.

How long does a car accident settlement take?

It’s impossible to say how long any case may take to settle. The duration of a car accident settlement depends on various factors, including:

The insurance company’s claims review process
The extent of your injuries
Whether liability is clear
The number of parties at fault
What evidence is available

It could take some time before you hear from the insurance carrier after filing your claim. Some companies don’t have enough adjusters to handle the caseload, causing significant delays.

Some accident victims resolve their claims within a few weeks or months. Stronger evidence might prove fault more conclusively, making it easier to hold them financially responsible for injuries and losses.

However, the insurance adjuster might take their time reviewing your claim and investigating the accident. They are incentivized to avoid accepting that their policyholder is at fault. If they claim you’re to blame, you may need to file a lawsuit to get the money you deserve. That can extend the timeframe for settling the case.

How long do I have to go to a doctor after an accident?

Depending on your policy, there might not be a strict deadline for when you must go to a doctor after a car wreck. However, it’s best to start treatment promptly – ideally within 72 hours. You should seek medical attention after leaving the accident scene. That way, you can determine whether you need follow-up care, appointments with a specialist, surgery, or imaging.

The initial medical provider can evaluate your condition and advise you of the ongoing treatment you need to heal. Attending every appointment is vital. You should always follow the recommended plan until your physicians release you or determine you will not get better with further treatment.

Waiting weeks or even days before the initial doctor visit can harm your case and recovery. Insurance companies want to avoid significant payouts. They can deny claims if there’s a lack of medical evidence. Gaps in treatment also justify lowball settlement offers since medical costs don’t appear that high.

If you go to the hospital right away, you reduce the risk of the insurance adjuster arguing against the extent of your injury. You can discuss a plan with your physician and start the recommended treatment. Every appointment will produce a record with information that can show the insurer the symptoms and limitations you experience after the collision.

Should I give a recorded statement to the insurance company?

You should never agree to give a recorded statement to an insurance company before speaking to a trusted lawyer about your situation. Most insurance companies try to advise that a recorded statement is a standard part of the claim process. However, you should know that their primary goal in demanding a recorded statement is to protect their interests – not yours.

Anything you say in a recorded statement could be used against you later in the claims process to diminish your compensation or deny your claim entirely. Even seemingly innocent statements like “I’m sorry” could jeopardize your claim, as insurance companies might interpret them as admissions of guilt. A simple mistake or oversight could also come back to haunt you if you accidentally make contradictory statements in the future.

If an insurer asks you to give a recorded statement, politely decline and refer the adjuster to your attorney. An experienced attorney can help you prepare a statement that protects your interests and provides accurate information without potentially damaging your case.

Texas Motor Vehicle Accident Statistics

If you have been hurt in a car accident in Texas, you are not alone. According to Texas Department of Transportation statistics.

There were 14,202 serious injury crashes in Texas in a single recent year.

With 17,582 people sustaining a serious injury. A total of 265,076 people suffered injuries – serious or otherwise – in crashes that year.

Tragically, there were 3,773 individuals who died in Texas car crashes that year, an increase of more than 5 percent over the previous year.

With almost 262 billion miles traveled in Texas in one year, these numbers are understandable, but also preventable. Many of these auto accidents and traffic fatalities occurred in our area, and an analysis of the statistics shows that the trend continues. This is why it is important for kids who qualify to always be in a car seat.

What Are Some Common Locations For Car Accidents In The Houston Area?

I-10 West Katy Freeway Houston
I-10 East Baytown Freeway Houston
I-45 North Freeway
I-45 Gulf Freeway
I-610 East Loop
I-610 West Loop
I-610 South Loop
I-610 North Loop
Hardy Toll Road Houston
Highway 6 Accidents
Beltway 8 East Houston
South Sam Houston Toll Road
Other Dangerous Roads in Houston

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Contact Us After An Accident

When you hire Fleming Law for your car accident case, you will work directly with your car accident attorney in Houston – not an assistant. When you hire the team at Fleming Law, we will provide a personalized strategy with special attention to your unique needs. And you won’t owe us anything until we recover compensation for you. To find out how we can help you, contact us today for your free consultation with one of our experienced car accident attorneys.

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