Houston Car Accident Lawyer

If you’ve been in a car accident in Houston, you may be facing tremendous physical and emotional hardships. Your medical bills may be adding up, while at the same time, you are unable to work or care for your family due to your injury.

It is not fair when the accident occurred due to the recklessness of another person, and you deserve compensation. A Houston car accident lawyer can help you get the money you need to recover from your injuries and be there for those who depend on you.  

At Omega Law Group Accident & Injury Attorneys, our Houston personal injury lawyers have decades of experience fighting for the rights of injury victims. We are here to provide the guidance and advocacy you need. Contact us today to learn how we can help. 

Should You Take a Settlement After a Car Accident?

Soon after your accident, the insurance company for the liable party may contact you with a settlement offer. It can be tempting to take the money and try to put the whole awful event behind you. Who could blame you, considering everything you have been through?

Unfortunately, it is usually a bad idea to speak with the liable party’s insurance company before consulting an attorney. 

Insurance Companies Aren’t on Your Side

It would be nice to believe that insurance providers will rush in and do everything they can to help you when you are in an accident. However, insurance companies are businesses with bottom lines, and many times, they aren’t going to pay more than they can get away with. 

Often, this means offering a low settlement in the hopes that accident victims will accept much less than their claim is really worth. If you accept their offer, you typically waive your rights to future compensation. If your conditions worsen, you’re out of luck. 

Instead of playing this game with rules that clearly are not in your favor, contact a Houston car accident attorney. We know how to deal with insurance companies. With a skilled lawyer on your side, your chances of getting a fair settlement increase tremendously. 

You Don’t Know What Your Case Is Worth

You are probably extremely knowledgeable about something, but it likely isn’t personal injury laws and insurance regulations. It isn’t reasonable to expect you to understand how to assess your damages and evaluate the offers the insurance company presents.

That’s what they are banking on. When the insurance company knows what your case is worth and you don’t, you are at a disadvantage. A skilled Houston car accident attorney levels the playing field. We can evaluate your hardships and put together a settlement claim that considers all of your compensatory damages. 

The insurance company has a team of powerful lawyers who ensure cases are decided in their favor. We’ll fight for your rights, and we aren’t going to let them tell you what you are worth. 

You Don’t Understand Insurance Company Tactics

We can deal with insurance companies on your behalf. You don’t have to talk to them at all if you don’t want to. In fact, sometimes you shouldn’t. In addition to attempting to coerce you into accepting less than your claim is worth, they may employ even less scrupulous tactics. 

For example, an insurance company representative may contact you for reasons that seem friendly. They may say they are just checking in to see how your recovery is going, but what they’re really doing is hoping you will say something that can be used against you. 

If they can twist your words and make it sound like you aren’t hurt as badly as you say, it may give them grounds to deny your claim. Instead, let us do the talking so you can worry about healing. 

How a Houston Car Accident Attorney Can Help Your Case

When you work with a skilled lawyer, you greatly increase your chances of getting the settlement you need. While every case is different, here are some of the ways we can help.

Peace of Mind

If you have been injured in a car accident, you probably have a lot on your mind. Your health, your family, and your career are suddenly upended, and the path back to normalcy can feel like a long one. The right ally can make all the difference in such difficult times. 

This is what car accident attorneys in Houston are for. We take care of the tough stuff so you can worry about your life and the people you love. You’ll have a partner who helps take away some of the stress and worry. 

Affordable Representation

One of your worries may be the expense of hiring a personal injury lawyer to represent you in your car accident case. The law profession has a reputation for charging exorbitant hourly rates for legal representation. 

For personal injury cases, we work much differently. We charge clients based on a contingency agreement, meaning our fees come out of your settlement or award. To put it more plainly, if we don’t win, you don’t pay.

This makes quality legal representation available for almost everyone. The insurance companies have a team of powerful lawyers. With a car accident attorney in Houston on your side, now you have a fair fight.

Legal Advice

During your free initial consultation, we’ll have many questions. We want to understand what happened from your perspective, and we hope you will have questions for us as well. We want to give you the best advice we can so you can make informed decisions.

If we think you have a case and agree to work together, we’ll begin developing a strategy and let you know how we intend to handle it. We put our clients first, and our legal advice will be based on your interests.

If we don’t believe you have a case, we’ll let you know that as well. You deserve an honest assessment of your situation so you can proceed wisely. 

Accident Investigation

Our team will investigate the circumstances of your accident and learn as much as we can about how events unfolded. We may review police reports, speak to witnesses who were on the scene, or review security footage if it is available. 

After a thorough investigation, we can determine who was liable for your accident and approach their insurance company with a compensation claim. While another motorist may be at fault, there may be other liable parties or more than one. 

In Texas, you may recover compensation even if you were partially at fault as long as you are 50% or less responsible for the accident. This is known as the modified comparative fault rule. 

Compensation Assessment

Once we know who was responsible, we’ll prepare to file a claim with their insurance company. We’ll review your economic and non-economic damages and arrive at a fair amount that will cover your costs and improve your life.

While every case is different, we may consider your expenses associated with medical treatment, such as doctors’ visits, emergency room and hospital stays, medications, and physical therapy. Lost wages and property damages, such as the value of damage to your car, may be factored in, also.

In some cases, you may be entitled to non-economic damages like pain and suffering or mental anguish. These require a special set of circumstances, and your Houston car accident attorney can let you know if they apply to your case. 

Settlement Negotiations

In some cases, the insurance company will agree with us and offer you the settlement you deserve. Other times, getting the compensation you need requires some negotiation. We’ll work with the insurance company to reach a fair agreement.

If everything goes well, this is all it will take to get you the money you need to get your life back on track. Reaching an amicable solution at the negotiating table is in the best interest of all parties.

Sometimes, the insurance company isn’t willing to offer fair and reasonable compensation for your injuries. In those cases, we need to take things to the next level.

A Houston Car Accident Lawyer Can Represent You in Court

After the hardship of a car accident, you don’t need the stress of a civil trial. We prefer to avoid it if we can, but we won’t back down from a fight either. If negotiations fail, and if you wish, we can file a civil suit and represent you in court. 

Important Steps After a Houston Car Accident

If you are involved in a crash, a Houston car accident lawyer can help you with your case. There are some things you can do to help yourself, too, and some actions that will make it easier for your attorney to make your case. 

Seek Medical Treatment

Your priority should be to seek medical attention for yourself and your passengers. Even if injuries appear minor, it’s important to have a medical professional examine you.

Let any emergency medical personnel who arrive on the scene treat you. If paramedics want to take you to the emergency room, comply with them. Follow up with any future appointments, and adhere to the advice of your doctor. 

The most important thing is to ensure that your injuries are treated and that you are on the path to recovery. However, this also shows that you are serious about your medical situation and establishes a timeline of your injuries after the accident. 

Contact a Car Accident Lawyer in Houston

As soon as you are able, contact an attorney who can help you make sense of your situation. The time immediately after your accident can be confusing and frustrating. You need someone on your side who can help.

Your lawyer can start preparing your case and prevent insurance companies from taking advantage of you. We can also serve as a sounding board and advise you on the many questions you will have. 

Most significantly, we can help you avoid many of the common mistakes accident victims make during the first days and weeks after the crash. We are on your side.

Notify Your Insurance Provider

After consulting your attorney, you will want to contact your insurance company and report the accident, even if it wasn’t your fault. They may ask for details or a recorded statement. You must cooperate with their investigation, but you should keep your attorney in the loop.

Your personal insurance company will usually act in your best interest, but not always. A skilled attorney can help protect your rights and ensure you are being treated fairly. 

Document the Accident

Your lawyers will investigate your accident and make important determinations about what happened and who was at fault. There are a few things you can do to help them before they even begin their investigation. 

Make notes about the circumstances leading up to the accident, including the time, location, weather conditions, and a description of what happened. If possible, take photographs of the accident scene, including any property damage and visible injuries.

Gather contact information from the other driver(s) involved, including their name, phone number, address, insurance details, and driver’s license number. Obtain the contact information of any witnesses who saw the accident if you can

Keep Detailed Records

In addition to the notes you keep about the events of the accident, it is smart to keep records of your expenses and difficulties that have resulted from the accident. Hang on to things like medical bills, pay stubs that show lost wages, and repair invoices for car repairs.

Keep a journal on how the accident has impacted you and your family, including any changes to moods, habits, and relationships. This can be helpful if you claim non-economic damages, such as pain and suffering. 

How Much Is a Car Accident Settlement Worth in Texas?

If you’ve been injured in a car accident, you may be facing a daunting road to recovery. Medical bills, lost wages, and the emotional toll can all add up quickly. With the right legal representation, you could be entitled to a settlement that helps you get your life back on track.

The amount of your potential settlement can vary depending on the unique circumstances of your case. You may be eligible for various types of economic and non-economic damages.

Economic Damages

Economic damages are easier to assess because they are associated with a specific dollar amount. You know how much it costs to fix your car because the mechanic gave you an invoice with the amount due. 

Economic damage you may recover may include money for:

• Your medical expenses, such as doctor’s visits, specialist visits, therapy, and medication
• Future medical expenses due to ongoing treatment or permanent injuries
• Lost wages due to your inability to work because of your injury
• Future earning potential and lost wages
• Property damage, such as the cost of the damage to your vehicle

Our team will carefully document all of your losses and negotiate aggressively with insurance companies to ensure you receive the full compensation you’re owed.

Non-Economic Damages

Non-economic damages address the emotional, psychological, and social toll of your accident. They are harder to quantify because they usually aren’t attached to a specific dollar value. A car accident lawyer in Houston will calculate a fair value for non-economic damages if you are eligible.

Some examples of non-economic damages include:

• Pain and suffering
• Mental anguish
• Emotional distress
• Loss of enjoyment of life
• Scarring and disfigurement

Your car accident attorney in Houston can advise you on whether non-economic damages may be recoverable in your situation.

Punitive Damages

Punitive damages are another class of compensation you may be entitled to in very specific situations. A court awards them in cases where the defendant has acted with extreme recklessness or negligence.

The idea is to punish the defendant so that they and others will be discouraged from similar behaviors in the future. Punitive damages are rare, but they can be substantial when awarded. 

Common Car Accident Injuries

When you are hurt in a car accident, a large portion of your economic damages will hinge on the scope of your injuries.  Severe injuries may require months or years for recovery at tremendous cost, whereas minor injuries might be treated immediately after the accident and left to heal. 

Do not assume an injury is minor simply because you feel okay. Shock and adrenaline can mask symptoms in the aftermath of a crash, and some injuries take days or weeks to manifest. A doctor can diagnose the extent of your injuries and develop a plan for recovery. 

All injuries should be accounted for and potentially considered part of your settlement. 

Here are some of the most common car accident injuries and how they might prove your case.

Whiplash

Whiplash is a neck injury caused by sudden, abrupt head movements. Symptoms include pain, headache, and stiffness. Your doctor may prescribe pain medication and physical therapy. Recovery varies from weeks to months, but pain may be long-lasting for some victims. 

Concussions

Mild traumatic brain injury—sometimes referred to as a concussion—may result in confusion, dizziness, brief memory loss, or nausea. Recovery can take days to months, with progress monitored by a doctor. 

Traumatic Brain Injury

Serous traumatic brain injuries (TBIs) are life-changing catastrophic injuries that require extensive treatment and recovery. A victim may suffer long-term cognitive, emotional, and behavioral issues and physical symptoms requiring a major investment in medical care.

Spinal Cord Injuries

Spinal cord injuries are another type of catastrophic injury that can result in paralysis and long-term disability. Depending on the nature and severity of the injury, a victim may endure life-long medical complications and may not be able to return to work. 

Broken Bones

Breaks and fractures during car accidents can range from routine injuries requiring several weeks to mend to major fractures that require surgery, long-term therapy, and frequent medical intervention. All broken bones can come with costs recoverable through a fair settlement.  

Lacerations and Cuts

Paramedics may patch minor cuts at accident scenes, but major lacerations could require surgery. In some cases, where cuts have led to scarring or permanent disfigurement, a victim may be entitled to non-economic damages. 

Internal Injuries

Forces during a car crash can crush or impact a victim’s torso, causing injury to internal organs such as the liver, kidneys, and lungs. In some cases, these injuries may be life-threatening or require long-term medical care for recovery. 

Understanding the Modified Comparative Fault Rule in Texas

Comparative fault rules apply when more than one person may be responsible for an accident. Texas uses a modified comparative fault model, which means you can recover damages even if you were partially at fault. 

Your compensation will reflect your degree of responsibility for the accident by percentage. For example, if you are 40% at fault, you may only recover 60% of the damages you would have been entitled to had you shared none of the blame.

Comparative fault makes recovering costs possible for people partially responsible for an accident, but it also opens the door for an insurance company to challenge the liability of their client. They may try to show you hold a higher level of responsibility to avoid payment. 

The 50% Bar Rule for Comparative Fault in Texas

Texas also operates with a 50% bar for its comparative fault rule. That means if you are more than 50% responsible for the accident, you are not entitled to recover compensation. The advice of a car accident lawyer in Houston is essential to ensure you are not blocked from recovering damages. 

Who Assigns Liability Percentages in Comparative Fault Cases?

A judge and/or jury assigns liability percentage in comparative fault cases. Your car accident lawyer in Houston will know how to present your case and make sure you aren’t blamed for issues you did not cause. 

What if the Responsible Party Doesn’t Have Insurance?

In the state of Texas, it is illegal to operate a motor vehicle without the minimum required auto insurance coverage. This is a serious offense that can result in significant penalties for drivers who choose to take to the roads uninsured.

Under Texas law, all drivers must maintain at least the following liability insurance coverage:

• $30,000 in bodily injury liability per person
• $60,000 in bodily injury liability per accident
• $25,000 in property damage liability

Uninsured Motorist Coverage

Just because it is the law doesn’t mean everyone will comply. If you are in an accident with an uninsured motorist, you may recover damages through your personal insurance policy if you carry uninsured motorist coverage.

Uninsured motorist coverage is not mandatory in Texas, but it is wise to include it in your policy. Without it, your only recourse is to file a lawsuit against the at-fault party. However, many people who can’t afford car insurance won’t have the financial ability to pay you even if you win.

Common Types of Car Accidents in Houston

Car accidents can happen in almost any way you can imagine. They can involve any type of vehicle, from passenger cars to trucks, motorcycles, and semi-trucks. Here are some of the most common cases Houston car accident attorneys see: 

• Rear-end collisions: Rear-end collisions—when one vehicle collides with the back of another—often occur due to sudden stops, tailgating, or distracted driving. 
• T-bone accidents: Sometimes called side-impact collisions, t-bone accidents occur when one vehicle crashes into the side of another. This type of car accident often occurs at an intersection. 
• Head-on collisions: These crashes occur when two vehicles collide front-to-front while traveling in opposite directions. They frequently occur due to impaired driving, lane drifting, or poor visibility.
• Side-swipe collisions: Side swipes happen when two vehicles traveling in the same direction crash together, impacting side-to-side. They can occur during lane changes, tight driving spaces, or due to distracted driving. 
• Single-vehicle accidents: Single-car crashes involve only one vehicle. They often happen when the driver loses control due to poor weather conditions, bad visibility, or reckless driving.
• Rollovers: Rollovers can happen due to turns at high speeds, unsafe road conditions, or crashes with other vehicles that cause one car to flip completely over or land on its side or roof. 
• Parking lot accidents: Parking lots are particularly dangerous places where drivers may be distracted or unable to see other cars. In most cases, these are low-speed collisions and fender benders, but some can result in injury.
• Hit-and-run: This occurs when a driver leaves the scene of an accident without providing information or assisting the other party.
• Blind spot accidents: Drivers who change lanes without checking their surroundings can collide with cars in their blind spots. When these accidents occur at high speeds, they can result in tremendous injuries.  
• Drunk driving accidents: Driving under the influence of alcohol or drugs is, unfortunately, a type of accident we see too often. Impaired judgment and reduced reaction times can lead to accidents, not to mention serious legal consequences.

If you have been involved in one of the types of accidents listed above or any other car accident, reach out to a car accident lawyer in Houston as soon as possible. 

Car Accident Causes in Houston

Just as there are many possible types of car accidents in the Houston area, there is an almost endless array of causes. Here are some of the most common ones we see. 

• Distracted driving: Distracted driving includes any activity that takes a driver’s attention away from the road, including texting or talking on a phone, eating, drinking, and focusing on console functions. 
• Speeding: Driving above the posted speed limit or too fast for road conditions can increase the chance of an accident due to shorter reaction times. 
• Driving under the influence: Alcohol, recreational drugs, and prescription medications can impair judgment, dampen motor skills, and reduce reaction times. 
• Reckless driving: Drivers who behave recklessly and aggressively by tailgating, changing lanes without signaling, or disregarding traffic laws can cause horrible accidents. 
• Running red lights and stop sights: Cars and trucks may run lights for various reasons, including reckless driving, vehicle malfunctions, or distracting behaviors. 
• Weather conditions: Dangerous weather conditions, such as rain and fog, can cause accidents. In cities like Houston, drivers may lack the experience to operate safely in icy or snowy conditions. 
• Driver fatigue: Tired drivers have impaired reaction times and may even fall asleep at the wheel. This is especially problematic with commercial drivers who log long hours.
• Poor road conditions: Broken roads, gravel, and debris can cause accidents when drivers lose control of their vehicles. 
• Tailgating: Following another vehicle too closely does not allow enough space for the lead driver to react to sudden stops or turns, often leading to rear-end collisions.
• Inexperienced drivers: Young drivers and new drivers often lack the skill and experience to handle unexpected situations or poor driving conditions, increasing the danger of collisions with other drivers. 

Your Houston car crash attorney must understand how your car accident took place so they can investigate potential responsible parties. The more information you can provide about the circumstances surrounding your crash, the better.

Texas Statute of Limitations for Car Accidents

Under Texas Civil Practice & Remedies Code section 16.003, individuals involved in a car accident have up to two years from the date of the incident to file a claim with the civil courts. This deadline applies to all car accident survivors who wish to take legal action and seek damages.

You must take action before this statute of limitations expires. If you attempt to file your claim after the two-year deadline has passed, the court may dismiss your case entirely, leaving you without the opportunity to recover anything for your losses.

If you were severely injured, are a minor victim, or a government official was involved, it’s best to seek legal counsel from an auto accident lawyer in Houston who can verify if your case qualifies for an exception of an extended or shortened filing deadline. 

Get Help From a Houston Car Accident Attorney

The aftermath of a car accident can be a challenge. Major medical expenses, lost wages, and pain and suffering for you and your family can make it feel like there is no hope. You don’t have to face this difficult time alone. 

At Omega Law Group, our experienced Houston car wreck attorneys are here to fight for the justice and compensation you deserve. Our team has the knowledge and resources to maximize your recovery, whether through negotiations or legal action.

Most importantly, we offer our services on a contingency basis, meaning you won’t owe us a penny unless we secure the compensation you’re entitled to. Take the first step towards reclaiming your future. Contact us today and schedule a free consultation.