Houston Car Accident Lawyer
TABLE OF CONTENTS
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.
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.
When Should I Contact a 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.
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
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.
- 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 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.
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 Texas?
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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.
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.
What Are the Most Common Types of 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:
Texas Car 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 Texas?
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.
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.
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?
