Houston’s Car Accident Laws Explained by a Personal Injury Lawyer
Learning Houston’s Car Accident Laws
Every day in Houston, car accidents happen. Some accidents are only fender-benders. Others have devastating injury and property damage effects. Knowing how Texas car accident laws work assures your rights after these accidents. Houston streets are full of heavy traffic. Cars are now in a state of readiness. Laws will determine who is responsible, who pays and to whom victims can recover. A Houston car accident lawyer keeps you informed about these laws, and negotiates settlements for you.
Fault and Liability in Houston Car Accidents
Texas is a fault state for automobile wrecks. That just means the person who caused the wreck will pay for it. Police reports, photographs, and even witness testimonies usually resolve the issue of fault. Fault is never absolutely black and white. Both the drivers might be at fault sometimes. Texas has a modified rule of comparative fault. You can recover money when you’re less than 51% at fault. Your award is reduced by your percentage of fault.
For example, suppose you are 20% negligent and your injuries total $100,000. You are entitled to $80,000. The lawyer ascertains the other driver’s fault on your behalf.
Texas Insurance Minimums
Texas requires a minimum automobile insurance for every driver:
- $30,000 per injured individual
- $60,000 for aggregate injury per occurrence
- $25,000 for property damage
This is known as 30/60/25 coverage. This will not cover all the loss following a serious crash. The victims are at liberty to sue the fault driver’s insurance or their own if the need arises. The accident attorney runs through all available policies. They see that you get the full amount that you deserve from each available source.
What to Do Immediately After a Car Accident
Actions you take after an accident can affect your claim. Do the following easy steps:
- Shift to a safe area, if possible.
- Call 911 and report the accident.
- Take a photo of the scene and vehicles.
- Swap information with everyone.
- Seek medical treatment, even for minor injuries.
- Call a personal injury lawyer before speaking with insurance adjusters.
Insurance carriers lower payments. A lawyer speaks on your behalf in order to prevent errors that kill your case.
How a Personal Injury Lawyer Helps After an Accident
A lawyer takes you step by step. This is how they help:
1. Investigate the crash:
They obtain police reports, videos, and witness statements.
2. Determine fault:
They use experts to find out who was responsible for the crash.
3. Calculate damages:
They account for medical bills, lost income, and suffering.
4. Negotiate insurance companies:
They prevent you from being taken advantage of by unequal settlement offers.
5. Appear in Small Claims Court for you if necessary.:
More cases settle out, but lawyers are happy to fight in trial when the case warrants it.
You can get better with it. The help of an attorney while your attorney does the paperwork.
Most Causes of Houston Car Crashes
Most accidents in Houston happen for the same reasons. They are:
- Distracted driving (cell phone texting)
- Speeding
- Red light running
- Drinking and driving or impaired driving
- Adverse weather or road conditions
- Fatigue or inattentive driving
Proving causes is the foundation for your case. Evidence is used by an attorney to link the driver’s action and the accident.
Texas compensation
You are entitled to compensation for the below when you were injured by another driver’s negligence:
- Medical treatment in the past and in the future
- Compensation to repair or replace your car
- Lost wages
- Pain and suffering
- Mental anguish
Texas law also provides you with a time period in which to sue. They call that the statute of limitations. In most cases of car crashes, you have two years from when the crash happened. Not doing that may cut off your ability to get money back.
Handling Insurance Adjusters
Adjusters are pleasant, but they make their living to get their company to save. They will ask for recorded statements or try to intimidate you into taking an offer for a lowball. Don’t agree or sign anything until you’ve spoken with an attorney. Your personal injury attorney examines all the offers and determines whether it’s fair. Your lawyer can bargain on the overallness of your damages—heck, not even your cash you’ve already outlaid.
Why You Need an Attorney
Texas law is straightforward, but insurance claims never are. A lawyer prevents you from being overcharged. They know Houston’s home turf and Texas law of injury. Without a lawyer, you stand to lose thousands in uncompensated losses. With a lawyer, your case is airtight from beginning to end.
Final Thoughts
Houston car accidents take your life on a circle. The laws are convoluted, and insurance companies typically are obstinate. A Houston personal injury lawyer representing you gives you a real chance at complete recovery. They handle the paperwork, the forms, and the uncomfortable talking. You gain some relief—and time you must recuperate.
FAQs About Houston Car Crash Laws
- How long do I have to file a claim for a car accident in Houston?
You need to bring your personal injury claim in Texas within two years of the accident. Delaying may render you ineligible for claiming, although it was definitely the other party’s fault.
- Am I recoverable if I was partially responsible?
Yes. With the 51% rule in Texas, you can recover when you were below 51% responsible. Your settlement will be reduced by the percentage of fault that you are responsible for.
- What happens if the other person is not insured?
You can utilize your underinsured or uninsured motorist coverage if you have it. You can also get your lawyer to determine if someone else was responsible, i.e., a vehicle owner or employer.
- How much will my car accident claim be worth?
Each case is different. Value depends upon seriousness of injury, doctor fee, lost income, and fault. The attorney approximates the reasonableness of damages using evidence and experts.
- Do I need a lawyer if my injury is minor?
Minor damages at times prove to be more serious in the long term. A lawyer keeps you from settling too early. They help you obtain maximum medical and repair costs before finishing your claim.
