A car accident is one of the most common causes of death in Houston and the United States. Various factors and legal issues arise from a car accident, so it is imperative to understand the different aspects and positions of the law. Our Houston car accident attorneys at Calhoun Meredith are a resource all plaintiffs need.
What are the types of car accidents in Houston, Texas?
A traffic collision occurs when private or commercial vehicles collide with another vehicle, pedestrians, animals, road debris, and other stationary objects. It could be a tree, a post, a building, a fence, or a mailbox. Impacts result in long-term consequences and deaths.
In Texas, car accidents happen on a daily basis, since no one can control the actions of others. Car accident attorneys help navigate the legal process. Below, we've highlighted the most common types of car accidents in the Houston city limits. .
rear-end collisions
Rear-end collisions account for many accidents in Houston and the United States. A rear-end collision occurs when one car hits another car in front of it from the rear. It is usually the result of drunk driving, speeding, and distracted driving.
Most of the time, it happens in heavy and slow traffic. Rear-end collisions are quite deadly and often result in serious injuries to the survivors. Accident situations require the experience of a Houston truck accident lawyer.
Single Vehicle Accidents
These types of accidents involve a car and a driver. It mostly occurs when a negligent group runs off the street and hits a stationary object. Bad weather, the sudden appearance of an animal on the street, and mechanical defects also cause this type of accident. Although they only involve one driver, the driver can suffer extensive personal injuries. Most drunk driving accidents involve a single driver.
head-on collisions
A head-on collision is one of the most common types of accidents. It occurs when two vehicles traveling in opposite directions collide head-on. It often occurs at intersections when drivers fail to yield or when one driver crosses the center lane to go to the other in the opposite direction.
Most victims of head-on collisions suffer serious or fatal injuries. In either case, the victim or their legal representatives can file a lawsuit against the at-fault driver. An experienced Houston car accident attorney will get you fair compensation.
Side Impact Collisions
Another name for the common car accident is a T-bone collision because a car drives into the side of another vehicle, forming the letter. The most common side impact scenarios are incorrect lane change, failure to perform correctly, and texting. They result in injuries from car accidents.
Side collision accidents
Side accidents occur when drivers scrape the side of another vehicle. It is the direct result of unsafe lane changes on the street and merging too quickly. They can be fatal if the impact causes the struck car to hit other vehicles. When the above does not occur, the accident may only result in injury. It would be helpful to contact personal injury lawyers after this.
tipping accidents
Surviving a rollover accident is like a miracle due to its destructive nature. This occurs when a vehicle flips over or is knocked over by another speeding car. The impact is usually so severe that the hit car cannot withstand it and remains in motion.
Often victims of rollover accidents are ejected by the force of the collision. Flips primarily affect SUVs, but cars, trucks, and vans are also easy targets. Families of victims can contact injury law firms after a collision of this nature.
Multi-vehicle collisions
A multi-vehicle collision is also known as a chain reaction accident. It happens when a car hits another, and this goes on to hit others. It usually involves three or more drivers and has fatal consequences.
Multi-vehicle collisions occur primarily on highways. They are the result of speeding, reckless and distracted driving, and sometimes medical negligence. Drinking alcohol and stress can contribute. It is difficult to determine liability in cases like this. Therefore, it is best to avoid taking the blame in case of lawsuits for these accidents.
What Causes Car Accidents?
Car accidents do not happen by themselves. They are the result of a person's negligence, and at other times, external factors that contribute to them. Some of the most common causes are:
- Drive drunk
- adverse weather conditions
- Unsafe lane changes
- Driving too close to someone else
- Traffic
- Distracted driving due to cell phone use
- defective vehicles
- red lights
- disobey traffic signs
- accelerations
- Driving in the opposite direction
- Street conditions and hazards
What are the types of injuries sustained in a car accident in Houston?
Whether you are in Texas or another US state, traffic incidents are minor or significant. They are bound to result in common injuries. While some are visible immediately after the crash , others could take a while to appear.
Therefore, the driver should seek medical treatment at the scene of the accident or after leaving the scene of the accident. Medical records are also valuable resources in getting a car accident settlement. Talk to a Houston car accident attorney about potential payouts.
Standard car accident injuries include the following:
Whiplash: It is a soft tissue injury that affects the muscle, joints, ligaments and tendons. It often occurs around the neck, and the effect does not appear immediately. Depending on the severity and the individual, whiplash can take days to manifest itself. The trauma strains the muscles and can be very painful. While whiplash injuries are not life-threatening, they take days, a week, or months to heal.
Scrapes and Cuts: Although these are primarily associated with minor vehicle accidents, bruises and cuts can occur from significant collisions. The impact of the crash and broken glass or flying objects inside your vehicle can cause this injury. They can be painful and pose risks of infection if not treated immediately by a doctor.
Head injuries: Airbags do not always prevent traumatic brain injuries (TBIs). They can be a concussion (serious or mild), intracranial bleeding or hemorrhages. If not detected immediately, traumatic injuries have long-term consequences and result in disabilities. A brain injury can affect a person's quality of life, so get a medical evaluation immediately. You can file personal injury lawsuits with your medical records to get the money you need for treatment. Also, contact your health insurance company.
Broken Ribs: Ribs are exceptionally delicate, and a light or moderate impact to the body can cause them to break. Shock impacts break the ribs depending on the position of the body. It is quite painful, and you will need long periods of rest. You can request a settlement from the at-fault driver during this time. Accident attorneys will help you to the best of their ability.
Broken Bones: Beyond your ribs, you can break some other bones in your body. Broken arms, hands, legs, or hips are common in car accidents in Houston and other parts of Texas. If the impact of the crash is more than the body can bear, it will result in this injury. When a bone is damaged beyond repair, it will result in amputation, reducing the victim's quality of life. Broken bones are typical in side and rear collisions.
Internal bleeding: Internal bleeding is often referred to as a silent killer for good reason. It happens inside the body, out of sight, and most people think they're fine until they're not. This is the reason why you should seek medical help at the first opportunity. The sooner doctors get access to the source of the bleeding, the faster they can get the help you need.
Herniated Discs: Just as you can easily break a rib or bone while moving, you can also suffer from a herniated disc. It happens when one or more vertebrae in the spine break or move out of place. It can cause pain and complications, so get it seen by a doctor right away.
Knee Trauma: The sudden nature of auto collisions can cause knees to hit the dashboard of the car. The impact can tear your knee or ligament, and you may need braces or crutches to support you while you heal. In more serious cases, you may have surgery to fix it, which will increase your medical fees. Therefore, hire a Texas accident lawyer to help you recover damages.
Post Traumatic Stress Disorder: Most people ignore this as an accidental injury, but PTSD is as real as broken bones or fractures. The mental and emotional trauma suffered by car accidents can remain for a long time if left untreated. It would be best to seek professional help with your anxiety after an accident. You can claim punitive damages for this.
What to do immediately after a car accident?
When you are involved in a car accident, the first action is to stay calm and keep a clear head. This will help him with his claim against his insurance company and in a personal injury lawsuit if he goes to court.
Take the following steps after an accident:
- Check that you have not been injured and then check on those who were with you or those in the other vehicle.
- Whether or not there was an injury, call 911, report the accident and give details of the location.
- If anyone was injured other than you, assess to see the extent of their injuries. Provide first aid while waiting for paramedics.
- Move the injured person to the side of the street or sidewalk for safety. Use your turn signals to warn other motorists of your car's presence.
- Once the paramedics arrive, let them examine you even if you feel fine.
- Give the correct answers to the police questions and stay at the accident scene until they clear it.
- Contact an accident lawyer
If the accident did not result in injury and involves personal property, the following are the requirements:
- Find the owner of the vehicle.
- Exchange contact, insurance, and driver's license information with the other driver.
- If the driver is not available, leave the information in a visible place.
- Fill out a police report after you leave the scene.
How to determine fault in car accidents in Houston?
When filing a personal injury lawsuit or a wrongful death lawsuit , it is vital to find the responsible parties. In Houston, those at fault in an auto collision may be able to recover damages from you depending on the circumstances of the case.
Like the rest of Texas, Houston operates the comparative negligence rule in determining fault. Comparison means that more than one person made a mistake. During the trial, the court will assign a degree of negligence that corresponds to the guilty parties.
A driver who is less than 50% at fault for the accident will receive compensation from the person whose negligence is 51 percent or more. The money that you will receive as part of the culprits will be reduced. This means that you will get less than the amount you would have been entitled to if you were not at fault.
For example, if you suffered a loss of $10,000, you would lose 10 percent of the amount and get only $9,000. The county police department or sheriff has a duty to determine rights in a car accident. The insurance adjuster also plays vital roles.
How do the police determine fault in the accident?
The police are often part of the first responders at the scene of an accident. They usually arrive first to carry out an investigation. The responding police officer will take photos, the position of the cars and the mark of the tires to find the driver at fault.
Officers will then speak to the drivers involved if they are consistent, and gather witness statements. If there is security video of the area, the police will look at it. If none of this works, an accident reconstruction team will reproduce the events leading up to the accident. This all happens before the police clear the scene and allow traffic to resume.
The law requires police to file an accident report of their findings. In the report, the officer(s) will name the person responsible. They will also indicate to what extent the victim contributed if she did. A police report is vital for accident claims.
How do insurance companies determine the culprit?
The role of an insurance company in determining fault comes into play when a compensatory claim is filed. Once your insurer receives the application, they will turn it over to an insurance adjuster to review the evidence. Adjusters conduct independent investigations that are separate from those of the police.
Although the adjusters rely on the police report, they will go through the tests looking for the finer details. They will look at your driving record, collect witness statements, and review medical reports. The reports help you determine the extent of your injuries and when you received treatment.
The adjuster will look at the vehicle to see the extent of the damage. It is advisable to leave your car unrepaired until the insurance company representative inspects it. After all of this, the adjuster will determine your rights and the liability of the defendant.
The decision determines whether you will be compensated and the insurance company's offer. Your insurer could offer you a negligible amount. Therefore, consult an experienced Houston attorney for your legal claims.
How do the courts determine the culprit?
The court is often the last stop on your injury claim. Car accident cases only come to litigation when the parties to an accident fail to reach an agreement. It will also go to court if you do not settle with your insurance company.
Once your case goes before a judge, they will look at the evidence from the police and the insurance company. Another step in determining fault in court is to listen to the arguments of both parties. Note that the authorities' report does not define a personal injury lawsuit outcome.
The court will determine your legal claims by the weight of evidence. Another key factor is the precedent of similar cases in the jurisdiction. Once the jury renders its decision, it binds both parties. However, if you did not achieve your goal, your Houston accident lawyer will advise you to appeal to a higher court.
Who pays compensation for a car accident in Texas?
Car wrecks change the lives of those involved in an instant. It leaves them with minor, serious or significant injuries. Receiving treatment for the latter often leads to substantial medical expenses. It is worse when the victim dies despite the best medical care.
Therefore, accident victims, their representatives, or legal estate often file a personal injury lawsuit or wrongful death lawsuits, depending on the circumstances. With this, victims expect to receive payments from the at-fault driver at the rate of the loss they suffered.
While no amount of money can compensate for loss of life or limb, the law makes provisions to ensure that a victim gets enough to get on. The question then becomes, who pays your compensation for a car accident? Is the driver at fault, his insurance company, or yours? The insurance policies of both parties also matter.
Texas insurance system
Each US state has a unique insurance system to compensate victims of car accidents. Texas is a "guilty" state when it comes to auto insurance. This means that when you are injured in an auto collision, the at-fault driver will pay you a compensatory sum.
To get compensation in Texas, you can:
- File a claim with your insurance company
- File a third-party claim with the at-fault driver's insurance company
- File a lawsuit against the at-fault driver
A Houston personal injury lawyer can help you choose the best option for the fastest result.
Filing a claim with your insurance company
Texas law requires drivers to carry the minimum amount of liability coverage for injury and property damage in auto collisions. The limits of the policy in the state are:
- $30,000 for each person injured
- $60,000 for all injured
- $25,000 property damage
If you didn't choose any of these, there are other coverages you can buy. You can get personal injury protection (PIP), which covers your medical expenses and a percentage of lost wages. The above coverage explains the period in which you are unable to work. Another is collision damage; pay for damage to your car.
Filing a third-party claim with the at-fault Driver's Insurance Company
If you are not at fault for the accident, you can file a third-party claim against the at-fault driver with your insurance company; This means that instead of being compensated by your insurance company, the negligent motorist will take care of it.
In cases like this, the at-fault driver will give you a lesser claim than you deserve. People who want instant gratification take the offered sum only to later regret it when it barely covers their losses. Accident attorneys help you with the aftermath of bad decisions.
Filing a lawsuit against the at-fault driver
Settlement proceedings involve minutes and hours of negotiation, and when the parties cannot agree, they resort to litigation. When this happens, contact an auto accident attorney to help you begin the claims process in a court of competent jurisdiction. If the court is in your favor, it will order the at-fault driver to pay you a specific amount.
What happens if the at-fault driver is uninsured or underinsured?
An uninsured driver is someone with no active policies. Uninsured motorist coverage protects the victim when a negligent driver lacks insurance. Underinsured motorist coverage is part of the insurance coverage, but the limit is not high enough to cover the loss you suffered.
After you get the amount that underinsured coverage pays you, you can file a lawsuit to recover the rest from the at-fault driver. Do this under the guidance and help of a Houston car accident attorney.
What are the types of damages in a car accident lawsuit in Houston, Texas?
When accidents occur due to the negligence of another person, the victim can recover damages for the injury sustained. The compensation to the victim depends on the severity of the injury, the recovery process and the remains of the vehicle. A Houston Texas accident lawyer can help you determine the type of compensation he needs.
Generally, there are three types of damages in a car accident. These are:
- Non-economic damages awarded for things that cannot be measured with money, such as pain and suffering
- Punitive damages awarded when there is evidence of gross negligence on the part of the at-fault party; it serves as a deterrent to the person and others.
A breakdown of the above covers:
medical expenses
Medical costs are a significant part of the economic damages of a car accident claim. It covers medical expenses immediately after the accident, the current price of treatment and any additional costs in the future. Includes some or all of the following options:
- hospital stays
- ambulance costs
- prosthetic devices
- Medication
- Necessary services in the home
- medical appointments
- surgeries
- rehabilitation cost
- Cognitive therapy in cases of brain injuries
Your Houston personal injury attorney may engage a medical expert to determine the extent of your past, present, and future medical bills.
income losses
This compensation is another large part of economic damages. Victims who are unable to work while treating auto accident injuries are entitled to damages for lost income. Calculating your losses is not difficult, as most insurance companies do it every day.
It becomes complicated when the injury leaves the victim permanently disabled. In that case, the calculation should include future income projections. Most insurance companies use tables of life expectancy, earning capacity, and a general formula for damages. Accident law firms will hire experts to help you calculate the extent of your lost earnings.
Pain and suffering
Pain and suffering are the most common non-economic damages awarded by courts. Although they are intangible, the law provides for them. The pain and suffering that the victim suffered due to the injuries from the car accident is taken into account. The longer a person suffers, the more money they can get as compensation.
loss of consortium
This is damages explicitly awarded to the spouse of an accident victim. Loss of consortium means loss of a spousal relationship due to the victim's injuries. An aggrieved spouse is the only one who can file a claim under this title.
The person must show how the victim's injuries impacted and prevented them from enjoying the "normal" relationship they had before the accident. In general, it is specified because it is part of the claim.
Funeral expenses
If a car accident victim dies from injuries sustained, their relative or legal representative is entitled to recover wrongful death damages such as burial and funeral expenses. This settlement follows a wrongful death lawsuit and will not apply in a personal injury lawsuit. A Houston wrongful death lawyer can help you get a fair settlement.
property losses
A victim who sustains property damage may be able to obtain a settlement for the negligent driver. Most of the time, this compensation is for the damage caused to the car. Typically, the at-fault driver's insurance adjuster will look at the vehicle to determine the extent of the damage and how much it would take to fix it.
If the car is beyond repair, the adjuster might rule out the repairs. In this case, the determining factor will be the market value of the car before the accident versus the cost of repair. Either way, you will get compensation for the loss. Keep in mind that property damage claims cover other personal items that may have been in or out of the car at the time of the collision.
How long do you have to file a claim after a car accident?
After a traffic collision, most people are more focused on recovery and don't realize that time is ticking. Since there must be an end to litigation, it is your responsibility to file your personal injury claim on time.
The Texas Statute of Limitations states how long car accident victims have to start a claim for damages after the incident. For personal injury benefits, you have two years from the date the accident occurred. Any claim submitted after the deadline is void. The term applies to property damages.
In the case of fatal traffic accidents, the families of the victims or representatives must file a claim against the defendant within two years. Unlike a personal injury claim, time starts from the date the victim died, not when the accident occurred. If the accident involves a Texas government worker, you have six months to file a claim.
Do you need a lawyer for your car accident settlement?
The simple and direct answer to this question is YES. Many people believe that they can handle their car accident settlement alone and do not seek the help of an experienced personal injury lawyer in Houston, Texas. While it is true that you do not need a lawyer to a great extent, not having one could result in disadvantages.
Once your or the at-fault party's insurance company sees you alone without legal representation, they will take advantage of you. This means low pay and bullying into submission. Therefore, you need an accident lawyer. Another reason why you shouldn't go into a deal meeting alone is lack of experience. Chances are, you have never sat at a trading table before and don't know the hits and misses. An experienced Houston car accident lawyer pays attention to detail and helps with the process.
Since there is a time limit to file a car accident claim, your legal representative will make sure you do not miss the deadline. They will start the process on your behalf and argue on your behalf before the judge. Most Texas attorneys charge a contingency fee, so you don't pay out of pocket.
Calhoun Meredith can help you
Injuries can endanger your health, and getting back on track can take time. At Calhoun Meredith , we understand how difficult it is to recover from accidents and we are ready to help accident injury victims.
As aggressive and innovative Texas personal injury attorneys, we offer comprehensive legal services necessary to support your recovery. We won't just pursue an insurance claim on your behalf; We will represent you to the best of our ability.
As a customer, don't worry about how you will pay us. As contingency fee attorneys, we do not get paid unless we recover compensation for our clients. Call us today to schedule a free consultation with one of our attorneys.
