If you or a loved one has been injured in a Texas car accident, you need help from a skilled Houston car accident lawyer at Williams Hart & Boundas. Our legal team will meet with you during a free consultation to discuss the details of your auto accident. In addition to a free consultation, we work on a contingency basis, meaning you do not pay attorney fees if we do not secure an auto accident settlement or win a trial verdict for you.
Facing the aftermath of an auto accident without the help of an experienced car accident attorney can be challenging. You or your family member may need substantial time to heal and be saddled with exorbitant medical bills. If you cannot work after your Texas car accident, you may suffer financially. Instead of going it alone, schedule a free initial consultation with one of our qualified Houston car accident lawyers.
Table of Contents
- Understanding Your Rights After a Texas Car Crash
- Why Choosing the Right Car Accident Injury Lawyer Matters
- Types of Car Accident Injuries
Understanding Your Rights After a Texas Car Crash
Once the accident is over, you could be left facing questions such as who is at fault and who must pay for your bills. You have specific rights in the state of Texas that determine your ability to file an insurance claim or lawsuit for compensation.
Under Texas law, all drivers must demonstrate they have the financial means to pay for injuries and damages they cause in a crash. Most people do this by purchasing a required minimum of liability insurance. Texas law dictates a 30/60/25 coverage, meaning the following:
- Minimum of $30,000 in bodily injury coverage for one person
- Minimum of $60,000 in bodily injury coverage for passengers or others in a single accident
- Minimum of $25,000 in property damage for vehicles and other personal property
You have the right to file a claim to recover compensation for your losses against any at-fault driver who contributed to the crash. Car accident victims may find it challenging to negotiate with the insurance companies for a fair and appropriate settlement on their own. Turning to an experienced Houston car accident lawyer can alleviate some of these concerns.
We can help you compile a list of damages and explain your options for seeking compensation from those at fault. If your loved one died in a wreck, we can file a wrongful death lawsuit.
Insurance Companies Can Push Back Against Your Claim
Car accident victims often find themselves out of their depth when they begin a claim. Insurance companies, even ones that promise to treat you well, are for-profit businesses. In addition, there is a substantial amount of insurance fraud for car accident claims. As a result, insurance companies and their adjusters are always on the lookout for ways to ensure they are not paying too much.
Unfortunately, this means the insurance companies may closely examine every aspect of your claim in an attempt to reduce or deny your compensation. Texas law follows a modified comparative negligence rule, meaning you could be found partially at fault for the crash. If the insurance companies determine that you were more than 51% responsible, they could deny your claim. Demonstrating you were the victim requires a deep understanding of the law and how liability works.
This is just one of the ways in which your Houston car accident lawyer from Williams Hart & Boundas will work hard for you. We will use our knowledge of insurance policies and the law to ensure you get fair treatment and the compensation you need. We work to minimize your liability so we can maximize your settlement offer.
Filing a Lawsuit When Insurance Is Not Enough
In some cases, the insurance companies will not meet your demands, or the at-fault driver’s coverage is not enough to pay all your damages. If you have a collision policy, you could file against your own insurance, but if you do not have collision coverage in place, you may end up paying out of pocket. In situations like this, you may need to take more aggressive legal action.
Your Houston car accident lawyer at Williams Hart & Boundas will prepare for court from the beginning. As soon as we initiate an insurance claim, we also often file your lawsuit so we do not exceed the statute of limitations. While we try to negotiate a fair settlement quickly, we are able to go directly to trial if necessary. We will conduct a thorough investigation to determine who is at fault, how to proceed against them, and what your settlement demands should be.
Under modified comparative negligence (called proportionate responsibility in Texas), you must be less than 51% at fault for your car accident. Getting that percentage as low as possible is key to ensuring you receive most or all of your financial demands. If you are found to be 20% responsible, your settlement or trial award will be reduced by 20%. For example, if you were awarded $10,000 in compensation, you would only receive $8,000 ($10,000 X 20% = $2,000).
Why Choosing the Right Car Accident Injury Lawyer Matters
Just because someone is a lawyer does not mean they are the right one for your case. It is crucial to select an auto accident lawyer who has experience in the laws surrounding claims like yours, especially if there are multiple parties to blame. Untangling the details of a complicated case can be difficult without appropriate training and a strong background. You need skilled guidance to ensure economic losses, such as your medical bills, are fully compensated.
At Williams Hart & Boundas, we have been serving injured clients since 1983, offering over 40 years of legal experience. We are widely recognized as one of Houston’s leading personal injury law firms. Your auto accident lawyer will review your insurance policy, gather documentation of your medical bills and other damages, and negotiate with insurance adjusters on your behalf.
We fight hard for fair compensation to pay your current medical expenses and your future medical care. We know you may be seriously or even permanently affected by a car crash, and we are committed to ensuring you do not suffer financial instability because someone was negligent or careless.
How Our Houston Car Accident Attorneys Can Help
After a crash, your primary focus should be healing from your injuries and getting your property repaired or replaced. You may be out of work while you recover, adding to your concerns about how to pay for everything. Your personal injury attorney from Williams Hart & Boundas will step in to discuss your legal options and manage the paperwork for you. You can rest easy while your legal team holds the negligent driver accountable.
With legal representation from a qualified personal injury attorney, you have the resources to identify the at-fault party, gather evidence to support your claim and negotiate a settlement. When there are multiple motorists at fault, your Houston car accident lawyer will establish their contribution to the crash so they face justice.
If you are injured by someone who engaged in distracted driving or drunk driving, your injuries could be serious and disabling. You may have medical expenses related to the accident for the rest of your life. Holding those at fault accountable is critical to securing the compensation you need to live comfortably as you adjust to a new way of living.
Skilled Legal Help Navigating the Claims Process
Filing a car insurance claim can seem simple, but the process is full of confusing terms and strict deadlines. Most insurance companies require you to file your claim within 30 days of the accident, but others may give you only ten days. It is wise to review your insurance coverage regularly and right after an accident to determine how much time you have.
Insurance companies also have a legally mandated timeframe in Texas for responding to insurance claims. They must notify you within 15 days that they received your submission and send an adjuster to examine the evidence. Once they have received all the information they need, they must accept or reject your claim within 15 business days and send you a settlement check no later than five business days after the decision is made.
Along with your medical records, an experienced car accident lawyer will collect other evidence to support your insurance claims and show who is at fault. They will present this information to negotiate the best available offer from the insurance companies so you are not left paying out of pocket for costs they should cover. A strong background in the legal process surrounding insurance claims means your attorney can fight for you with skill and knowledge.
Common Types of Car Accidents Our Law Firm Handles
Car accidents can happen in a number of ways, including single-vehicle crashes, such as those involving stationary objects, and multiple-car collisions. Some are much more dangerous than others. Regardless of the type of accident you experienced, our Houston car accident lawyers can assess your circumstances and help you manage your claim.
Some of the most common car accident cases our law office handles include:
- Head-on collision: Caused when the front ends of two vehicles slam into one another, these are the rarest but deadliest type of collisions. This kind of car wreck often happens when someone loses control of their vehicle or is driving in the wrong direction.
- Multiple car accident: When heavy traffic is moving at high speeds, one mistake by a careless driver can affect multiple vehicles that are unable to avoid hitting those in front. Even at low speeds, if a driver rear-ends another, it can cause a chain reaction of other accidents, and determining liability becomes extremely difficult.
- Rear-end collision: These collisions most often happen in stop-and-go traffic or at intersections when the car in front is turning. Drivers behind fail to pay attention and hit the back end of another car. Most rear-ending drivers are found to be at fault, but there can be shared liability in some cases.
- Vehicle rollover accident: Heavy vehicles or those with a high center of gravity can be tipped onto their sides or roofs, causing substantial injury to their occupants. Passengers can be thrown outside or hurt by flying objects inside the cabin. If a commercial truck or RV rolls over, other vehicles may be unable to avoid crashing into it.
- T-bone collision: These are most common at intersections or wherever a left-turning driver fails to allow a straight-traveling driver to pass. When the front of a vehicle hits the side of another, occupants can suffer serious injuries or die instantly.
- Sideswipe accident: When one driver changes lanes but fails to verify the lane is clear, they can hit the side of another vehicle, causing a sideswipe collision. The danger is that both drivers could overcorrect their steering to move away, leading to an additional car wreck with other vehicles on the road.
- Hit-and-run collision: Under Texas Transportation Code Chapter 550, all drivers are required to remain at the scene of an accident until a peace officer completes their assessment. If you have been hurt by a hit-and-run driver, our law firm can work with police to locate the offender and hold them accountable. They may face criminal charges as well as a civil lawsuit.
Our auto accident attorneys in Houston are highly skilled at gathering evidence, working with insurance companies, and managing car accident cases in court. We understand how your life can be turned upside down by a motor vehicle accident. You need to concentrate on healing from your injuries while a knowledgeable legal advocate handles the negotiations and other details on your behalf.
In the event of death from a crash, surviving family members will need compassionate guidance to file a wrongful death lawsuit against the at-fault parties. The team at Williams Hart & Boundas will assist the survivors through their grief, ensuring their rights are protected and justice is served.
What to Do After a Houston Car Accident
From the initial minutes after a car accident to the days and weeks that follow, you may be hurting, confused, and stunned. You could be frustrated while dealing with insurance companies and struggling to recover from your injuries. Although it can be hard to think about, there are a number of actions you can take after a Houston car crash that can benefit your chances of recovery.
In addition to helping you get better physically and emotionally, these steps can benefit your personal injury claim. It is crucial to secure as much high-quality evidence as possible to strengthen your case. Your car accident attorney can combine your information with further investigations to put together a robust foundation to show how the other parties were at fault.
Dial 911
No matter whether you think you are hurt or not, it is important to call 911 and get help on the way. You want the authorities to assess the accident scene and file a Texas Crash Report. This document can be extremely helpful to your case since it will include contact and insurance information for all drivers involved in the accident.
You should also remain at the scene to answer questions from police, give your side of what happened, and be medically evaluated.
Ask for Medical Attention at the Scene
Even if you feel fine, you should request that medical personnel examine you for injuries. You could be suffering a “silent” injury that does not appear immediately, such as internal bleeding or brain damage. Paramedics or EMTs can determine if you need to be transported to a hospital.
If you are able to go home after the crash, you should also visit your personal physician for a full evaluation. Doing so is important for diagnosing any injuries that could have developed. It also establishes a direct link between the crash and your medical condition. Insurance companies and lawyers for the other drivers will try to claim you hurt yourself some other way as they try to deflect liability from themselves. With a strong connection between your injuries and the collision, you have more secure grounds for your compensation demands.
Exchange Contact and Insurance Information with the Other Drivers
Under the law in Texas, you must remain at the scene, render aid to others (call 911), and share your insurance policy information and contact details with the other people involved in the accident. You can write down this information or take a photo of their driver’s licenses and insurance cards. The police will also collect this information but it is useful to have your own copy.
In some instances, a person may give false information to both you and the police. Regardless, your attorney and the authorities will work to locate them. Your insurance company will verify the other driver’s insurance status, which may include no insurance at all. Your car accident lawyer will help you determine the other options you may have for seeking compensation, such as filing with your collision insurance or filing a personal injury lawsuit against the at-fault party.
You may also want to make note of the make, model, color, and license plate of the other vehicles. This can help identify a driver who gives false information or who leaves the scene of the accident.
Gather Evidence as Quickly as Possible
If you are physically able, you should collect evidence at the scene to support your case. After the police investigate a crash scene, it is usually cleaned up to allow traffic to begin flowing again. Valuable evidence can be lost, although your car accident lawyer will return to the scene to take pictures and examine the contributing factors.
By taking photos and videos, you can gather information that is fresh and unaltered. Photograph the damage to your vehicle, your injuries, road conditions, weather, road signs, and anything else that could be important to your case. It is better to take more photos than you need than too few.
You should also speak to any witnesses and ask them for their contact information. Ask them whether they happened to record the accident on their cellphones or dashcams. Your lawyer can interview them for additional details.
Make a Record of What Happened
As soon as you can after the crash, write down or record a video telling what you remember about what happened. This can capture vital details you might forget later, and you can go back and add to it if you remember other information. Your attorney can use this record to supplement the photos and other evidence they collect.
Call a Qualified Houston Car Accident Lawyer
You may think you should call your insurance company before you call an attorney. However, insurance companies will often ask you to record a statement for them, which can be detrimental to your claim unless you have spoken to a lawyer first. After a crash, you may be confused or emotional, and you may tell the insurance company more than they need to know right away or even make an accidental mistake.
If you accidentally say something that seems like you are admitting fault, they will use that against you to reduce or deny your claim. Unfortunately, they are in the business of minimizing their payouts, but you can protect yourself by speaking with an attorney before you call the insurance company. Your lawyer will discuss what you should say and can actually handle all these conversations for you after you hire them.
Call Your Insurance Company
Once you understand your rights after a free consultation with a Williams Hart & Boundas car accident attorney, you should contact your insurance company to report the crash. You can tell them that you had an accident and the insurance details of the other people involved. They will begin determining who is responsible.
Texas is an at-fault state, and the person or parties found at fault will be responsible for paying the injury and property damage costs of anyone they harmed. Your insurance company will negotiate with the at-fault driver’s insurer to establish who is at fault. Again, both companies may try to limit what you receive, and you will need an aggressive negotiator on your side to protect your right to maximum compensation.
Types of Car Accident Injuries
If you are fortunate, you may not have very serious injuries from your car accident. Despite this, you still owe it to yourself to speak with our personal injury lawyers during a free consultation to discover whether you have grounds for pursuing a claim against the other driver. If you have suffered substantial injury, you should definitely engage an attorney to ensure you receive the maximum compensation available for your medical and other bills.
Many types of injuries seem minor at the beginning, but the rush of adrenaline can mask how serious they actually are. In addition, other conditions may not appear for a few days. Some of the most common types of injuries we see in car accident cases include:
- Amputation: You could lose fingers, toes, hands, or feet as part of a car accident, or these body parts could be so badly injured they must be medically amputated as part of your treatment.
- Back injuries: Many car accidents lead to back injuries involving damage to the muscles, tendons, and ligaments. These conditions can persist for many years, even permanently limiting your mobility and freedom.
- Broken bones: Bones can be fractured or broken completely, resulting in a risk of infection or imperfect healing if they are not treated immediately. A compound fracture, where the bone breaks through the skin, can be extremely painful and even life-threatening.
- Burns: Many chemicals, including gasoline, can ignite after a car accident, putting you at risk of severe burns. If not treated carefully, these injuries can lead to infection and death. Survivors must often cope with societal isolation from their scars and disfigurement.
- Chest injuries: Victims can suffer bruises, broken ribs, and internal organ damage from the steering wheel or seatbelt. Those involved in rollover accidents could be crushed within the vehicle.
- Concussions: Concussions are some of the most common injuries in car accidents and can be more severe than victims realize. A concussion occurs when the brain is injured by a bump or blow to the head, resulting in damage to the tissue. The brain can swell, leading to serious complications and brain damage.
- Disfigurement: With burns, amputation, severe cuts, and other serious injuries from a car accident, victims may be disfigured. They can experience significant emotional trauma when they are left with scarring, especially on their face or hands.
- Head injuries: You may experience damage to your eyes, ears, nose, mouth, jaw, and scalp during a car accident. In a T-bone collision, you could be slammed sideways into the window, leaving glass embedded in your scalp and face. You could also have tissue torn from your head if you are thrown around in the vehicle or onto the pavement.
- Nerve damage: It is common for car accident victims to suffer nerve damage that causes chronic pain, numbness, or other sensations. These may last a few months, or they could become lifelong issues. In some cases, people are left unable to function or care for themselves due to nerve damage.
- Traumatic brain injuries: Depending on whether they are caused by a bump or by a foreign object entering the skull, traumatic brain injuries can be penetrating or non-penetrating. Victims may experience only minor or temporary effects, or they could suffer severe cognitive and physical damage. In many cases, they are left unable to return to their former lives.
- Whiplash: Commonly seen in rear-end accidents, whiplash involves damage to the neck and shoulders when the head is rapidly moved back and forth. The action stretches and tears the muscles, tendons, and ligaments in the neck and shoulders, causing severe pain and an inability to move those areas of the body.
In the worst cases, our personal injury lawyers work with clients whose loved ones suffered fatalities from their car accidents. When someone has been negligent and led to a wrongful death, our team will analyze the circumstances and help the family members seek maximum compensation from those at fault. We help you recover a range of damages for fatalities and all types of injuries, including ongoing treatment and lifelong care facilities.
Potential Damages You Could Recover in a Houston Car Accident Claim
When someone else is to blame for your harm, part of the legal process involves totaling and documenting your damages. Damages are those ways in which your life has been affected by the auto accident, including both the financial and non-financial impacts. For example, your economic damages include any expense with a specific price, and non-economic losses are those showing the emotional toll.
When an accident is very serious, you could be left with extremely severe injuries. You could have broken bones, traumatic brain injury, or even lose an important internal organ. Not only could your initial recovery be lengthy, but some conditions will result in you needing care and treatment for months or years. In the most catastrophic cases, you may become permanently disabled.
Such dramatic changes in your physical health usually come with a heavy emotional and psychological price. You may develop depression, be unable to sleep, or see your hopes for a different life disappear when you realize you can no longer achieve those dreams. All of this loss must be financially acknowledged by the responsible party, and Williams Hart & Boundas is here to help you with demanding the compensation you deserve.
Economic Damages
It is vital that your Houston car accident attorney catalog every receipt and doctor bill so you are not paying for expenses you would never have had if not for the negligence of the at-fault driver. Some of the most common damages our auto accident lawyers include in a car crash claim include:
- All ER, ICU, and surgery expenses
- Emergency transportation costs, such as ambulance or Life Flight
- Follow up doctor bills
- Income you lose while recovering
- Lost insurance, retirement, and other work benefits
- Medical and mobility devices for your treatment and recovery
- Nursing facility or in-home nursing care expenses
- Physical and mental therapy costs
- Potential income you lose if you are unable to return to your work
- Repair or replacement of your personal property, including your vehicle
- Travel expenses related to your medical care
In the most serious cases, you may need to present a projected total of future care costs for a full recovery. Our team will connect you with medical experts who can provide a recommended course of treatment and associated expenses. Our aim is that you do not face financial uncertainty from healthcare bills you only have from someone else’s wrongful actions.
Non-Economic Damages
The mental trauma of being hurt in an accident can be overwhelming. If you are a person who is used to being busy and active, the reality of staying still or being restricted while you recover can be frustrating and emotionally damaging. If you suffer brain damage or physical disability, you may spiral into negative emotions that affect your job, your recovery, and your relationships.
While money cannot return your lost capabilities, it can relieve the worry of how you will support yourself and your family. It can ensure you are able to comfortably focus on your well-being and remove the fears of losing everything. There are many non-economic losses you may overlook, but our legal team will help you consider important ones, including:
- Emotional distress
- Isolation, fear, and embarrassment from scarring or disfigurement
- Loss of enjoyment of hobbies, family life, and career
- Loss of your personal and professional reputations
- Mental anguish
- Pain and suffering
- Permanent disability
- Therapy for PTSD
- Treatment for mood disorders, such as anxiety and depression
Insurance companies generally do not include payment for your non-economic damages as part of their policies. To recover the full value of your losses, you will typically need to file a personal injury lawsuit. If your attorney determines that your case has a substantial non-economic component, they may negotiate with the insurance provider to reach an agreement that includes these losses to avoid going to trial. If the evidence is strong, however, they may advise you to move forward with a lawsuit.
Wrongful Death Damages
When your loved one dies after a Houston car accident, your family suffers not only the pain of their injury but also the empty space in your lives with their passing. Whether they were killed instantly or died later, Texas law allows certain members of their family to file a wrongful death claim to seek compensation. Typically, this includes the spouse, parents, and children of the deceased.
Filing a wrongful death claim on behalf of the departed essentially brings the same personal injury case they may have had if they had lived. You can recover all the previously listed economic and non-economic losses they suffered before they died, along with others related to their death. For example, families can request payment for:
- Funeral, burial, cremation, and transportation costs
- Loss of advice, counsel, and guidance from the deceased
- Loss of care and maintenance services, such as cleaning and childcare
- Loss of companionship, comfort, and love
- Lost future income from the deceased
- Loss of household income provided by the deceased
- Lost inheritance and earnings
- Mental, emotional, and social impacts of the death
- Therapy costs for the survivors
Securing compensation does not replace the lost loved one, but it can ease the transition to life without them. If the deceased was the primary breadwinner in the family, a successful wrongful death lawsuit can mean the difference between losing the family home and maintaining stability for the children and the surviving spouse. The compassionate personal injury lawyers at Williams Hart & Boundas understand the emotions surrounding these types of cases and commit themselves to fighting for every penny the remaining family members require.
The Statute of Limitations for Car Accident Claims in Texas
Time is not on your side when it comes to seeking compensation in car accident settlements. Your attorney knows this and will take action to manage your personal injury case to avoid losing the chance to seek relief through the courts. They will file your lawsuit while they are negotiating with the insurance companies so they can move to trial if needed.
The statute of limitations in Texas is a short two years, meaning you do not have a lot of time to gather evidence and build your case. Your lawyer will collect evidence such as the police accident report, photos, and witness statements to create the most robust case possible.
It is vital you speak with an attorney as soon as possible after your car accident to ensure you do not lose the chance to bring your personal injury claim to court. Fortunately, your Houston car accident lawyer at Williams Hart & Boundas will have a strong background in handling these details. We will work to ensure you maintain your right to hold the at-fault parties accountable.
Bad Faith Practices by Insurance Companies
Insurance companies are businesses that try to protect their interests and provide appropriate value to their shareholders. This includes avoiding making unnecessarily large payouts and eliminating insurance fraud. They may seem excessively focused on this when it comes to working with them on your personal injury claim, but most companies are simply doing what is best for them.
If your claim has been denied or reduced, you need an experienced attorney on your side to determine the reason and whether it was valid. Without the right guidance, you could be left paying out of pocket for expenses when you have the right to have them compensated by the responsible party. While an insurance company has the right to be careful before paying out a claim, there are some situations where they engage in what are known as bad-faith practices.
Bad faith means they are taking actions that do not fall within the laws and regulations under which they operate. Your attorney will gather evidence showing how they failed to comply faithfully, and you can pursue a lawsuit against them, separate from your car accident claim. If your lawsuit is successful, the court may award you compensatory damages as well as additional payment to address the insurance company’s violation of the law. This could include statutory penalties and attorney’s fees.
How Your Houston Car Accident Lawyer Can Demonstrate Negligence
For any personal injury claim, the most important task is to show how the at-fault parties engaged in negligent behavior that caused your injuries and property damage. Without demonstrating negligence, you cannot claim damages in your case. Therefore, your attorney will rely on putting together the most powerful case they can using all the materials they have gathered.
In civil cases, the plaintiff (you) is tasked with showing a preponderance of the evidence that the defendant was negligent. You and your attorney must also demonstrate the following:
- The defendant owed you and others on the road a duty of care to drive safely and behave in a reasonable manner to avoid harm.
- The defendant breached (failed in) that duty.
- You suffered harm and property damage caused either directly or proximately by the defendant’s actions or inactions.
- You have expenses related to your injuries and property damage that must be compensated.
Your attorney will work to reduce any blame the other side may try to assign to you and show how you were harmed. They will collect evidence to support your claim, such as:
- Photos taken after the crash and during later investigations
- Videos from traffic cameras, security cameras, and dashboard cameras
- Statements from witnesses
- Reports from accident reconstruction specialists
- Police accident reports
- Medical records of your injuries and treatment
- Physician statements about your prognosis and recovery
- Your personal pain and recovery progress journal
- Repair estimates from auto shops
- Expert testimony
Your lawyer will also scour social media for potentially useful information posted by the at-fault party, their friends, and / or family members. As many as 80% of attorneys can find important statements, photos, and other evidence to use in court from social media accounts.
Schedule a Free Consultation with Our Houston Car Accident Lawyers
Facing the aftermath of a crash should not have to include paying for your own losses or struggling against unfriendly insurance companies. While you focus on your physical and emotional recovery, our Houston auto accident attorneys at Williams Hart & Boundas will seek to secure your financial relief by putting decades of experience to work for you.
We are dedicated to serving clients with skill, integrity, and compassion. You can get the legal representation you need without worrying about the upfront costs. Along with a free case evaluation, we work on a contingency fee basis. You never pay a large retainer to get started, and you only pay attorney’s fees after we have obtained a settlement or won a trial verdict for you. Contact us to learn more about your legal avenues for compensation and how the Houston car accident lawyers at Williams Hart & Boundas can help you today.
Houston Car Accident Lawyers
The skilled Houston car accident attorneys at Williams Hart & Boundas have the experience and knowledge needed to guide you through every step of the legal process after you have been injured in a motor vehicle accident. Our team of car accident lawyers are ready to discuss your case for free today.