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texasattorney · 5 months

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Car Accident Lawyers in Houston - Bailey & Galyen Attorneys at Law

In the bustling metropolis of Houston, navigating the aftermath of a car accident can be overwhelming, but with the guidance of seasoned Car accident lawyers in Houston, justice and compensation become tangible realities.

If you have experienced any injury in a car accident caused by someone else’s negligence, you are entitled to compensation for your losses. With over 40 years of experience, the attorneys at Bailey & Galyen can effectively handle your case to help you receive the compensation you’re due. To schedule a free initial consultation, contact us online or call our offices at 844-402-2992.

Houston Car Accidents Statistics

In 2022, the Texas Department of Transportation (TxDOT) recorded 67,386 traffic accidents in Houston, which is equal to approximately 185 accidents daily or 7.7 accidents per hour. This figure is alarming, especially considering that Houston’s population represents 8% of Texas’s population but accounts for 16% of the state’s car accidents.

Common Types of Car Accidents in Houston

Rear-end collisions— These are one of the most common types of car accidents on Texas roads. A driver following another car fails to stop their vehicle in time and ends up colliding with the back end of the car ahead.

Head-on collisions— In these accidents, vehicles traveling toward each other collide, often because one or both vehicles cross the centerline.

Side-impact collisions— In this type of crash, one vehicle collides with another car moving in a perpendicular direction. It is also known as a T-bone collision.

Single-vehicle crashes— In these types of accidents, the vehicle collides with an object. The driver may crash into an object on the side of the road, hit a hazard in the road, or veer off the road entirely.

Multi-vehicle crashes— These crashes involve collisions between two or more cars, often resulting from factors such as speeding, reckless passing, and distracted or drunk driving.

Hit-and-run accidents— The drivers involved in any type of crash or accident must stop at the site of the accident and wait for the arrival of the police. If a driver flees the accident site without waiting for police, it is referred to as a “hit-and-run” accident.

Rollover accidents— These crashes occur when a driver attempts a sharp turn at a very high speed. Vehicles with a high center of gravity may roll over multiple times when trying to execute a high-speed turn.

Blind-spot accidents— The space along the driver’s side that is not visible in the side mirror is known as the blind spot. When a motorist tries to change lanes and collides with a vehicle in this blind spot, it is known as a blind-spot accident. These accidents usually involve a sideswipe but can sometimes lead to more severe collisions.

Car Accident Law

In Texas, cases involving car accident injuries are filed as personal injury claims and are typically based on the theory of negligence. Establishing negligence requires proving that the defendant acted in a manner that would not be considered reasonable by an ordinary person.

Further, for a successful claim, the injured party must establish that the negligent action of the defendant caused the accident and that the injury directly stemmed from the accident.

Texas law does not explicitly define the activities that qualify as unreasonable behavior. A jury determines whether the defendant met the reasonable standard of care on a case-by-case basis. In doing so, jurors must consider previous rulings on similar cases.

It is crucial to prove that the defendant’s negligence was both the actual and proximate cause of the accident. “Actual cause” means that the accident wouldn’t have occurred if the defendant hadn’t acted negligently.

“Proximate cause” means that the accident and the resulting injuries were a reasonably expected result of the defendant’s unreasonable behavior.

Damages To Claim in a Houston Car Accident

Damages in personal injury claims are classified into two categories: punitive and compensatory.

Punitive damages are intended to punish or sanction the wrongdoer and deter similar misconduct in the future. Ordinarily, courts do not grant punitive damages in car accident cases.

They are awarded only where the defendant’s actions demonstrate a reckless disregard for human life or an actual intent to cause the accident.

Compensatory damages are meant to reimburse the injured party for their losses. There are two types of compensatory damages: economic and non-economic.

Economic damages: These include damages that are easy to calculate and have monetary value. Some examples of economic damages are:

Current and anticipated medical expenses, including physical therapy and other treatment

Wages lost due to the accident

Any loss of earning ability due to the accident

Loss or damage to property (determined based on the loss in value of the property or the cost of replacing an item)

If the car accident results in a person’s death, surviving family members have a right to pursue compensation for funeral expenses and for the loss of the services that the victim likely would have provided around the house.

Non-economic damages: Non-economic damages are based on intangible factors such as feelings, emotions, and anxiety. It can be challenging to ascertain the value of non-economic damages. Some examples of non-economic damages are:

Mental and emotional anguish: The injured party can claim compensation for their mental anguish due to the accident. This can include depression and post-traumatic stress disorder.

Pain and suffering: This includes damages for physical pain and emotional suffering experienced by the victim as a consequence of the accident.

Loss of companionship: This includes the inability to have close physical relationships due to injuries caused by the accident.

Loss of enjoyment of life: An injured person can seek damages for loss of the ability to do things they enjoyed doing before the accident, from simple grooming to hobbies such as playing a musical instrument.

Common Causes of Car Accidents in Houston

There are various causes of car accidents in Houston:

Speeding— Speeding is one of the major causes of car accidents in Houston. At high speeds, drivers can fail to stop in time or take appropriate measures and collide with another vehicle or object.

Driver inattention: Distracted behavior while driving is another cause of frequent car accidents. This involves drivers using their phones while driving, eating, talking to passengers, and looking at things on the roadside.

Unsafe lane change— Accidents can occur when a driver changes without checking for vehicles approaching from behind.

Failure to drive in a single lane— Swerving out of the lane makes it challenging for other drivers to predict your movement, often leading to serious collisions.

Running a stop sign or red light— Drivers running a red light or ignoring traffic signals often collide with vehicles coming from other directions.

Failure to yield right-of-way — When making a turn, a driver must yield the right-of-way to vehicles approaching from behind. Yielding the right-of-way is particularly important when entering and exiting highways and at intersections. Failure to do so may lead to collisions.

Backing out when unsafe— A driver acts negligently when they fail to look properly for cars when backing out of a driveway.

Common Car Accident Injuries

Whiplash— Whiplash is a neck injury caused by the sudden back-and-forth movement of the neck during an accident. This motion can lead to herniated and bulging discs in the neck. A whiplash-type injury can also lead to tissue damage, inflammation, and internal bleeding, as the forceful movement can cause the brain to bounce within the skull.

Traumatic brain injuries— Traumatic brain injury (TBI) is caused by a sudden blow or penetrating injury to the head. They can range in severity from minor concussions to more severe injuries with long-lasting impairments.

Abrasions and lacerations— Car accidents often involve broken glass that cuts and wounds the body. Minor abrasions typically heal on their own without any medical intervention, but major cuts may require stitches or surgery.

Broken bones— Bones provide structural support to the body, but can’t withstand the traumatic impact of a high-speed crash. Car accidents may lead to bone fractures, ranging from minor hairline fractures to severe fractures to bones in the wrist, arm, leg, or other part of the body.

Joint injuries, such as sprains, strains, and tears— The sudden impact or twisting motion caused by a collision can stretch or tear a ligament, leading to sprains and strains.

Burn injuries— A car accident can lead to burn injuries, ranging from first-degree to third-degree. First-degree burns are minor and do not require any specific medical treatment. Second-degree burns are painful and carry a high risk of infection. Third-degree burns are serious and often necessitate skin grafting or other intensive medical care.

Amputation— Car accidents can result in traumatic or surgical amputations. Traumatic amputations involve complete damage to a limb caused by the accident. Surgical amputations involve partial damage to the limb.

Spinal cord injuries and paralysis— Damages to the spinal cord can adversely affect a person’s quality of life. They can result in various degrees of impairment, including partial or complete paralysis, loss of sensation, or other neurological disorders affecting mobility and bodily functions.

Back injuries— The impact of an accident may stretch or tear back muscles.

Who Pays the Medical Bills After a Car Accident?

Texas is an “at-fault” state, so if you have been injured in a car accident in Texas, you can file a claim, and the at-fault party’s insurance company must pay for your medical bills.

However, if the at-fault party’s insurance coverage is insufficient to cover your claims, you can seek compensation from your own insurer, provided that you have Personal Injury Protection (PIP) coverage.

How Long Do I Have To File a Car Accident Lawsuit in Houston?

According to the Texas Statute of Limitations, a car accident claim must be filed within two years of the date of the accident.

Having an experienced attorney in your corner can ensure that your claim is filed within the proper time frame and with all the required documents.

What To Do After a Car Accident in Houston

Seek medical care— Your primary concern following the car accident should be your health. Check for injuries and seek medical care, especially if you suspect neck or back injuries. Even if you feel fit, it is better to get a medical check-up as some injuries may not be immediately apparent.

Report the accident— Call 911 and inform them about the accident. Inform them of the location of the accident and the injuries sustained, if any. They will send police and medical personnel to assist you.

Seek help from a car accident attorney— Consulting an experienced car accident attorney in Houston is a prudent step following an accident. The attorney will act as an intermediary between you, the insurance companies, and law enforcement authorities, making sure that your rights are safeguarded and that the insurance company does not deny your claim.

File an insurance claim— File a claim with the insurer of the at-fault party to be reimbursed for your medical bills.

Do’s and Don’ts After a Houston Car Accident

Do’s

If you have sustained any injuries in the accident, immediately contact medical personnel and seek their assistance.

Call 911 and inform them about the accident, along with the location.

Exchange information such as names, addresses, and contact information with the parties involved in the accident and any witnesses present at the site.

Take pictures and videos of vehicle damage, injuries sustained, and road conditions. Additionally, take a photo of the direction from which the at-fault vehicle was approaching.

Document details of the accident in writing. This will help refresh your memory later.

Contact an experienced Houston car accident lawyer.

Don’t

Don’t admit any fault to the other driver or to law enforcement or insurance company representatives.

Don’t record any statement with law enforcement agencies.

Don’t sign any document from the insurance companies or law enforcement authorities until you consult your attorney.

Don’t agree to any settlement with the at-fault party or their insurer unless your attorney has helped negotiate it.

Don’t post anything about the accident or your injuries on social media.

Don’t wait to seek the help of a proven Houston car accident lawyer.

How Can a Car Accident Lawyer Help with Your Case

Navigating the legal system requires specialized knowledge and skills, so it’s advisable not to handle your claim by yourself. An experienced Houston car accident lawyer can help you in many ways, including:

Investigating the accident and relevant documents

Gathering evidence to support and strengthen your case

Preparing strategies to maximize your financial recovery

Advocating for your rights in all meetings, negotiations, and hearings

Ensuring the timely filing of your insurance claim along with necessary documentation

With over 40 years of experience, Bailey & Galyen specializes in handling personal injury lawsuits, including claims arising from car accidents.

Our team of adept lawyers is dedicated to helping you obtain compensation for the damages incurred in a car accident in Houston.

How Much Does a Car Accident Claim Cost in Houston?

Houston car accident attorneys typically work on a contingency basis, which means they receive a percentage of the insurance claim or other damages that they secure for you. This percentage ranges from 33%-45%. You also may have to pay certain out-of-pocket expenses, such as filing fees, copying and printing costs, and expenses related to expert witnesses.

A contingency fee contract stipulates the expenses you must bear upfront and those covered after the settlement. Many attorneys cover most costs upfront and later deduct them from your settlement. It’s crucial to carefully review the specifics of your financial agreement with your attorney.

A Summary of What You Need to Know After a Houston Car Accident

If you sustain injuries in a car accident, you are entitled to seek compensation for both economic and non-economic damages. These can include lost wages, rehabilitation costs, medical bills, pain and suffering, emotional and mental anguish, loss of companionship, and loss of enjoyment of life.

To claim medical expenses from the at-fault party’s insurer, it is necessary to file a claim with their insurance company promptly. If the at-fault party’s insurance coverage is insufficient, or the other party has no insurance, you may be able to seek compensation from your insurer.

To successfully receive full and adequate compensation, it’s essential to enlist the assistance of an experienced car accident attorney in Houston. The attorney will gather the requisite evidence and help you establish the negligence of the at-fault party.

Car accident attorneys in Houston work on a contingency basis, meaning they only charge a percentage of the money that you recover as fees for their legal services.

For legal assistance and guidance, contact the lawyers at Bailey & Galyen by email or call our office at 844-402-2992.

Frequently Asked Questions

1) What are the car accident laws in Houston, TX?

In Texas, car accidents cases are governed by traffic laws and the legal principle of negligence. If you can prove negligence on the part of the at-fault party, you may be eligible to claim damages for any injuries sustained in the accident.

2) What to do after a car accident?

After a car accident in Houston, look for injuries and call 911 to inform the authorities about the accident and ensure medical assistance is dispatched. Exchange contact information with all parties involved in the accident and any witnesses. Contact an experienced car accident attorney for assistance in navigating the aftermath more effectively.

3) How long does an insurance company have to settle a claim in Houston?

Under Texas law, the insurance company has to settle each claim within 35 days of receipt.

4) What are common causes of Houston car accidents?

Some of the major causes of car accidents in Houston are driver inattention, speeding, running red lights, distracted driving, unsafe lane changes, and failure to yield the right-of-way.

5) What damages can I claim after a car accident?

In a car accident claim in Houston, you can seek compensation for economic and non-economic damages. Economic damages are quantifiable financial losses such as loss of wages, medical bills, and loss of property. Non-economic damages include intangible losses such as pain and suffering, mental and emotional anguish, loss of enjoyment of life, and loss of personal companionship.

6) How long do I have to file a car accident lawsuit in Houston?

A car accident lawsuit must be filed within 2 years of the date of the accident or from the date you discovered that you had injuries due to the accident.

7) What happens if the person at fault in an accident has no insurance in Houston?

If the person at fault has no insurance, you can claim compensation from your own insurer under your uninsured motorist coverage.

8) Can someone sue you for a car accident if you have insurance in Houston?

Yes, you can be sued for a car accident despite having insurance if your coverage is insufficient to cover the expenses of the injured party.

9) What information should I provide to my car accident lawyer?

Inform your car accident attorney about your insurance policy, the nature and extent of your injuries, and any property loss sustained due to the accident. Share all relevant information that could impact your rights, liabilities, and legal status.

#Car accident lawyers in Houston

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ramjilawgroup · 2 years

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How Do Car Accident Lawyers Work?

Most people who are involved in a car accident in Texas deal with an insurance company to claim compensation for an injury or get their car repaired. However, working with insurance companies can be frustrating and fail to give you enough money to cover your medical needs, lost wages, and pain and suffering. Car accident lawyers work by negotiating with the insurance company on your behalf and filing lawsuits in the courts if necessary.

Car accident lawyers represent a wide spectrum of clients from those who suffer property damage only to people whose lives are torn apart by catastrophic injuries. Car accident lawyers also represent the families of those who lose a loved one in a highway crash when they are called on to file wrongful death suits.

The Ramji Law Group has won millions of dollars for clients who suffered life-changing injuries in car wrecks in the Houston and San Antonio areas. Car accident lawyers work for accident victims. It’s in the attorney’s interest to win as much money as possible for a client whereas the insurance company seeks to reduce payouts. Car accident lawyers typically work on a no-win/no-fee basis. Clients do not pay for services upfront and the attorneys take a pre-arranged percentage cut of the eventual payout.

Who Do Car Accident Lawyers Work With?

Car accident lawyers may work on any type of accident case from a fender bender to a lethal crash. It usually makes the most sense to hire an attorney if your injuries are substantial or serious. Insurance companies often lowball these cases and you may not receive the money you need for high past and future medical bills if you deal directly with the insurance company.

Car accident lawyers work with people who have been hurt in the following types of accidents:

Car accidents;

Truck accidents;

Bus accidents;

Motorcycle crashes;

Scooter crashes;

Cycling accidents;

Pedestrian accidents;

ATV and golf cart accidents;

Injury accidents involving industrial vehicles.

What Types of Car Accidents Require a Lawyer?

The highways of Texas are dangerous places. According to the Texas Department of Transportation, a motorist died every 1 hour and 57 minutes on average on the highways of the Lone Star State in 2021. The 2021 death toll of 4,489 was a 15% rise above the previous year while almost 20,000 people a year sustain serious injuries on Texas’ roads.

There’s no hard and fast rule about what types of accidents require a lawyer but it makes sense to schedule a free consultation with a Texas car accident lawyer if you suffer a personal injury or your car or truck is badly damaged. Attorneys take on a range of accidents including:

Collisions caused by speeding;

Distracted driving cases;

Drowsy driving wrecks;

Drunk or drugged driving accidents;

Uber and Lyft accidents;

Rear-end crashes;

T-bone and side-impact crashes;

Red light running wrecks;

Rollover crashes;

Ejection accidents;

Wrong-way driver accidents;

Crashes in work zones;

Wrecks in bad weather;

Railroad crossing accidents;

Head-on wrecks;

Hit-and-run crashes;

Left turn accidents;

Sideswipe accidents.

How Do Car Accident Lawyers Work on a Case?

Car accident lawyers initially meet with a potential client for a free and confidential consultation. Neither party is under any obligation to work with the other. If the lawyer and the client agree to proceed, the client will be signed up. The client is contractually bound to work with that law firm. The lawyer will handle the insurance claim and make sure all statutory deadlines are met. In some cases, the presence of a lawyer will persuade an insurance company to increase its offer. When an insurance company fails to make a satisfactory offer, the car accident lawyer typically files a lawsuit in a local civil court.

Car accident lawyers have the knowledge and background to be able to access important information that accidents victims may not easily obtain. A lawyer can demand information such as medical records of the driver who hit you, cellphone records, and other relevant information. The attorney will request the police report. In some cases, lawyers bring in independent medical experts and accident reconstruction experts. An attorney with a medical background can establish the full extent of the client’s injuries. Typically, insurance companies will seek to downplay the existence of serious conditions such as traumatic brain injuries and Post Traumatic Stress Disorder that were caused by the accident.

Determined car accident lawyers will take cases all the way to a jury trial if the insurance company is uncooperative. However, many cases are settled in negotiations between the parties or at formal mediation hearings.

Can Accident Lawyers Take on Cases of Shared Blame?

You may be able to recover compensation when partially to blame for a car accident. Texas is a modified comparative negligence state. You can sue for damages if you were partially at fault for an accident but your payout would be reduced. However, under the proportionate responsibility rule, drivers who are more than 50% responsible for a crash cannot recover damages.

For example, a driver who is hit by a red light runner may be partly to blame if he or she was traveling too fast through an intersection, but could likely still sue. The red light runner would not be able to sue the other driver because he caused the crash.

Car accident lawyers will not take on a case if they believe a driver was more than 50% responsible but being partially at fault should not stop you from talking to an attorney.

What Damages Can Car Accident Lawyers Fight For on Your Behalf?

Damages in Texas are split into economic and non-economic categories. In some cases, juries can award punitive damages. Economic damages include the following:

Past, present. and future medical expenses;

Lost wages;

Lost earning capacity;

Property damage.

Non-economic damages can be harder to quantify and often involves attorneys hiring loss experts to finalize the figures. They include:

Pain and suffering;

Mental anguish;

Amputation or loss of any body part;

Loss of companionship;

Loss of consortium for a significant other;

Disfigurement;

A loss of enjoyment in living.

Punitive damages are additional damages a court may add to a verdict to punish the at-fault driver who caused an injury. They are most likely to be used for drunk drivers, texting drivers, or in hit-and-run cases when the court wants to send out a powerful message.

Contact a Houston Car Accident Lawyer

Drivers are exposed to ads for car accident lawyers every day on billboards in Houston. Law firms also advertise heavly on TV and social media. It can be daunting to know which firm to call. The Ramji Law Firm has represented clients after they suffered injuries in car crashes for decades with a 99% success rate and won millions of dollars in verdicts and settlements. Call the firm for a free and confidential consultation at (713) 766-0770.

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