Call our top-rated car accident lawyers at Goldenzweig Law Group, PLLC, for premium legal guidance and support after a tragic auto vehicle collision in Houston.
With almost four decades of relentlessly pursuing justice for thousands of injury victims, our esteemed law firm has built a reputation for excellence in personal injury law.
Whether it be hit-and-run accidents, rear-end crashes, or complex multi-vehicle pile-ups, our award-winning team is committed to your full physical, emotional, and financial recovery. Feel free to browse through the testimonials we have garnered from our satisfied clients.
With Goldenzweig Law Group on your side, we will not only meticulously navigate the intricacies of your insurance claims and legal hurdles but also aggressively advocate for your rights in negotiations.
Reach out to our Houston law firm now at 713-609-1930 or fill out our free online case evaluation form. Our bilingual attorneys and staff can assist you in both English and Spanish and are available to evaluate your case 24/7.
Liability Laws After a Car Accident in Texas
Texas follows an “at-fault” rule to determine who is liable for a car accident. This means that the motorist responsible for causing an accident is also responsible for paying damages, although this is typically paid through an insurance carrier.
An at-fault system is easy enough to follow for simple car accidents where only one person is at fault. However, in the majority of car accident cases, the injured driver can be found at fault in some way, no matter how small. For example, the injured driver could have been driving a little bit over the speed limit or have failed to use a turn signal.
In these cases, an injured driver can still recover compensation from the more negligent driver through Texas’ “modified comparative fault” rule. This rule says that an injured party who is partially responsible for an accident can still file a claim, however, whatever percentage of fault they are found to be responsible for will be deducted from the overall compensation awarded to them. For example, if you are found to be 15% at fault for the accident, the total compensation awarded to you will also be reduced by 15%.
Do not worry if this seems complex to you. An auto accident attorney from our law firm in Houston, TX will be familiar with the ins and outs of complicated auto accidents.
Why You Need an Experienced Car Accident Lawyer
Car accident cases are often far more complex than they appear. A car accident must be thoroughly investigated to determine who is liable. An experienced car accident attorney, like ours at Goldenzweig Law Group, PLLC, knows how to handle all aspects of the investigation. A lawyer will help gather the relevant evidence to prove how the crash happened, who caused it, and how you should be compensated.
You can count on the car accident lawyers at Goldenzweig Law Group, PLLC to:
- Immediately launch an investigation into the car crash to preserve evidence
- Work with accident reconstruction professionals to show exactly how the wreck happened and who is at fault
- Handle your property damage claim so can get your car back (or get a replacement vehicle) as soon as possible
- Make sure you have access to the medical specialists you need
- Follow up with your doctors to gather all the necessary medical records and bills to support your claim
- Document the full extent of your losses, including time missed from work, future anticipated treatment needs, and pain and suffering
- Negotiate aggressively with the insurance companies for a full and just settlement
- Take your case to trial if a fair settlement is not reached
If you have been hurt in a car accident in Houston due to someone’s negligence, contact the experienced Texas personal injury lawyers of Goldenzweig Law Group, PLLC. Our attorneys have extensive knowledge of Texas car accident laws and how insurance companies fight valid claims. We have the experience and the resources to demand justice for you.
How Much Is Your Houston Car Accident Claim Worth?
Car accident victims typically suffer numerous physical injuries, considerable emotional stress, and significant financial losses. Therefore, there are a number of different types of damages that may be included in your car accident claim. Economic damages, such as medical bills, have a clear price tag. Non-economic damages, such as mental anguish, are harder to quantify.
If you have been severely injured in a car accident in the Greater Houston Area, you may be entitled to multiple types of compensation, including payment for:
- Medical Expenses (Past, Present, and Future): Medical bills are often the costliest expense that a person will have after a car accident. A settlement should cover emergency medical care, hospitalization, doctor’s appointments, physical therapy, prescription medications, and your anticipated future treatment needs.
- Lost Wages: Lost wages involve income that was lost due to taking time off work after the accident. Lost wages are calculated based on the amount of work missed and the paychecks missed during that period.
- Lost Earning Capacity: This involves your ability to earn an income in the future if you cannot return to your regular job due to the injuries you suffered. These damages can be challenging to assess, as they are based on estimates of what you would have earned without the injuries.
- Pain and Suffering: Car accident victims often suffer from emotional and psychological pain and suffering due to their physical injuries. While these damages are more difficult to calculate than other expenses, an experienced attorney will help you document how your injuries have impacted your life overall.
If you have been hurt in a car accident due to someone’s negligence, contact the experienced personal injury team at Goldenzweig Law Group, PLLC. Our attorneys have extensive knowledge of Texas car accident laws and how insurance companies fight valid claims. We have the experience and the resources to demand justice for you.
Learn more about how we can help you. Contact us online or call (713) 609-1930 today!
What to Do If You’ve Been Hurt in a Car Accident
A car accident can leave you feeling disoriented and overwhelmed, but it’s essential to remain calm and think through your next steps. The actions you take after a car accident can significantly impact your legal rights and ability to recover money.
1. Report the crash.
If you are involved in a Houston motor vehicle accident resulting in injury, death, or damage to a vehicle to the extent that it can’t be safely driven, you are required to report the accident to the police immediately. The police officer who investigates the accident is then required to submit a written report to the Texas Department of Transportation within 10 days, assuming the crash involved injury, death, or apparent property damage of $1,000 or more. Securing a copy of this report could be crucial for your injury claim, as it will include details about the accident and may even include an opinion on fault.
2. Exchange information.
Talk to any drivers, vehicle occupants, and others involved in the crash to exchange important information. Make sure you have contact information, vehicle information, and insurance details from the other driver or drivers. If you don’t have a pen or paper handy, you can always take photos of insurance cards or use a note-taking app on your phone.
3. Document what happened.
Write down every detail you can recall about the crash as soon as possible while it’s still fresh in your memory. It’s also a good idea to take photos or video recordings of the accident scene, skid marks on the road, and any visible injuries. If any eyewitnesses saw what happened, politely ask them for statements and their contact details if you need to follow up later.
4. Get medical treatment.
It’s always important to seek prompt medical attention after an accident, even if it doesn’t seem at first like you sustained any significant injuries. Not only will this establish medical documentation of your condition, but this will also help you make sure you don’t have any injuries that could worsen over time.
5. Keep all bills, receipts, invoices, and medical records.
If you plan to file a car accident claim, thorough documentation is crucial. Your medical records will be an important part of demonstrating the nature and extent of your injuries. And any bills, receipts, or invoices related to the accident can help you back up the value of your claim when you demand the compensation you are owed.
6. Follow your doctor’s treatment plan.
If you receive treatment for accident-related injuries, it’s crucial to follow your doctor’s orders. Adhering to your prescribed treatment plan will help you recover from your injuries as fully and quickly as possible. If you neglect to follow your doctor’s treatment plan, the insurance company may think your injuries aren’t as serious as you claim and try to reduce your compensation as a result.
7. Stay off social media.
If you’re used to sharing many aspects of your life on social media, it can be tempting to vent about a car accident to friends and family. However, keep in mind that your social media accounts are more public than you probably realize. Anything you post or share on social media may be accessed by insurance companies or lawyers and used to undermine your claim.
8. Notify your insurer.
Auto insurance policies typically require policyholders to report car accidents within a certain timeframe. If you fail to notify your insurer per your insurance contract, they could be legally entitled to deny you coverage. When you speak to your insurer, make sure to keep your statements brief and avoid sharing unnecessary details or admitting fault for the crash.
9. Contact a car accident attorney.
While it’s possible to file a car accident claim on your own, it’s nearly always in your best interest to contact a car accident attorney first. An experienced lawyer can evaluate the strength of your claim and determine how much you could be owed in compensation. An attorney can handle all of the complicated and time-consuming aspects of your case while you focus on your health and recovery.
Who Decides Fault in a Texas Car Accident Claim?
Determining fault is extremely important in a Texas car accident claim because at-fault drivers in Texas are financially responsible for any damages they cause. Three main parties typically decide who should be held accountable after a crash:
- Police officers – Law enforcement officials are usually the first to arrive at the scene of an accident. Police officers investigate accidents and record essential details in their reports, which also often contain official opinions regarding who was at fault for the crash. However, keep in mind that police do not have final say on civil fault for car accidents.
- Insurance companies – When you file a car accident insurance claim, the insurance company will typically assign an adjuster to investigate the crash. Adjusters analyze evidence from the accident, interview those involved, and hire experts to determine who they think should be held responsible.
- The courts – If you are not satisfied with the insurance adjuster’s decision, you have the right to take your claim to court. When you file a lawsuit, a judge or jury will be responsible for reviewing evidence, determining fault, and awarding compensation.
What You Need to Know About Dealing with Insurance Companies
No matter how helpful insurance adjusters may seem, they are not actually looking out for your best interests. Insurance companies will try to minimize the amount of money paid out on each car accident claim.
Insurance adjusters routinely deny claims or make offers that are only a fraction of the case’s actual value. Keep the following tips in mind when dealing with insurance companies:
- Be careful what you sign. Always carefully read any form or document from an insurance adjuster. Be very cautious of what the other driver’s insurance company asks you to sign. You could sign away your rights. This is why it’s highly recommended that you do not sign anything before consulting with an experienced Houston car accident lawyer.
- Don’t give a recorded statement. The at-fault driver’s insurer may ask you to provide a recorded statement. Don’t do it. They will try to trick you into saying something you don’t intend to and later use the record against you. You have the right to refuse to give a recorded statement.
- Don’t accept a fast payout. Never accept a quick settlement. You might think that your injuries are minor. Then weeks or even months later, you are still coping with symptoms and need additional medical treatment. If you were to accept a quick settlement, you wouldn’t be able to get additional compensation, not even for medical bills, even if your injuries are more severe than you originally thought.
We strongly recommend that you avoid talking to the at-fault party’s insurance company whenever possible. As soon as you can, reach out to an attorney from Goldenzweig Law Group, PLLC.
Our team can deal with the insurance company so that you don’t have to. We will handle all communication with insurance adjusters and fight tirelessly to help ensure you receive the full, fair amount you deserve.
Common Car Accident Injuries
Motor vehicle accidents are one of the leading causes of bodily injury in the United States, including catastrophic and fatal injuries.
Common injuries resulting from car accidents include:
- Neck Injuries and Whiplash: An injury to neck muscles, ligaments, and spinal discs, whiplash is among the most common of all car accident injuries. It’s typically caused by a sudden jerking motion and can lead to severe pain, memory issues, lack of concentration, and insomnia, among other symptoms. Accidents may also cause neck fractures and other severe neck injuries.
- Traumatic Brain Injuries (TBIs): An injury that results in bruising, tearing, or other damage to the brain is known as a traumatic brain injury (TBI). A mild TBI would be a concussion, which usually heals over a few days. A severe TBI, on the other hand, is typically chronic and can cause a range of life-altering complications.
- Arm and Leg Injuries: The force of a car crash can cause serious injuries to the arms and legs. Be it sprains, strains, crush injuries, or fractures, these injuries can occur in a variety of ways. Often, accident victims will try to brace themselves for the collision, and arms and legs suffer the brunt of the force.
- Chest Injuries: Depending on the impact of the crash, chest injuries can vary from mild to severe. An example of a minor chest injury would be bruising from the seatbelt or airbag. If the crash is severe, it can lead to broken ribs or internal organ damage.
- Back Injuries: The spine is not designed to withstand heavy impact. Back injuries are a common result of car crashes, as are spinal cord injuries and paralysis. The pain and disability associated with a back injury can be severe and long-term.
- Burns: If the vehicle involved in the accident catches fire, occupants can sustain burns. Severe third-degree and fourth-degree burns could require surgery and skin grafting. Some motor vehicle accidents, including motorcycle crashes, can also lead to friction burns, or “road rash.”
- Facial Injuries: When an auto occupant’s face strikes the dashboard, steering wheel, windshield, or other objects, serious facial injuries occur. This includes fractures, deep cuts, jaw damage, and disfigurement.
- Soft Tissue Damage: When muscles, tendons, or ligaments are torn or stretched during the accident, sprains, strains, and bruising can result. Soft tissue injuries can be painful and may result in a variety of adverse effects.
Have you been injured in an accident? Don’t hesitate to contact our team by calling (713) 609-1930 for help today! Initial consultations are always free.
What are the most Common Causes of Car Accidents?
The majority of motor vehicle accidents result from the negligent or wrongful conduct of vehicle drivers. Others may occur due to unsafe road conditions, poor roadway maintenance, or even auto defects.
Some of the most common causes of car accidents include:
- Distracted Driving: Cellphones, snacks in the car, video display systems, and other distractions have led to a significant increase in distracted driving accidents in recent years. Drivers who are distracted may take their hands off the wheel and their eyes off the road, making it harder to see and react in the event of an emergency. Distractions also take a driver’s concentration away from the act of controlling the vehicle, which makes it more difficult to avoid an accident.
- Speeding: Speeding is a significant factor in both causing car accidents and in their resulting injuries. First, drivers moving at high speeds are more likely to lose control of their vehicle and have less margin for error if that occurs. Both of these facts make an accident more likely. Second, the impact force from an accident rises with the speed of the vehicles involved. A more violent impact makes it more likely that drivers and passengers will be seriously injured as a result of the crash.
- Aggressive Driving: Drivers who don’t share the road and act in an aggressive manner are much more likely to cause an accident. Aggressive driving behaviors include following too closely, intentionally stopping short in front of someone, cutting off other vehicles, aggressively using the vehicle’s horn, etc.
- Reckless Driving: While drivers who act in a deliberately aggressive or provocative manner can be very dangerous, drivers who are reckless or careless can be just as harmful. Ignoring speed limits, posted signs, and other traffic laws make a driver much more likely to make a mistake that leads to an accident.
- Drunk Driving: Drunk driving is one of the most common causes of car accidents. Drivers who are intoxicated have slowed reflexes and impaired judgment and are more likely to engage in risky driving behaviors. All of these factors make them more likely to cause an accident. A driver who’s severely intoxicated by alcohol may also fall asleep at the wheel, leading to an accident.
- Drug Use: Drivers who abuse illegal narcotics or certain prescription medications will experience many of the same effects as drivers who abuse alcohol. Substances that can increase a driver’s chance of being involved in an accident include marijuana, cocaine, heroin, prescription painkillers, sleep aids, and anti-anxiety medications. Even when used properly, certain medications can compromise driving performance.
- Driver Fatigue: In many ways, drivers who are severely fatigued are just as potentially dangerous as drivers intoxicated by drugs or alcohol. High levels of fatigue impair brain function in much the same way as alcohol or drugs, including slowed reflexes and lapses in judgment. A driver who falls asleep at the wheel, even for just a few seconds, can drift out of his or her lane or hit another vehicle.
- Failure to Yield the Right-of-Way: Ignoring stop signs and yield signs, blowing through red lights, improper merges or lane changes, and other examples of failure to yield all put drivers at risk of a major collision. Drivers should always allow for enough space when passing and merging and yield the right-of-way when required by law or posted signs.
- Following Too Closely: Impatient and aggressive drivers lead to many rear-end accidents because they’re following the vehicle in front of them too closely. Without allowing for sufficient time and space to safely apply the brakes, it’s much harder to avoid rear-end collisions.
- Failure to Signal: Proper use of turn signals is essential to minimizing the chance of an accident on the roads. A driver’s turn signal communicates his or her intentions to other drivers, allowing them to prepare for turns and respond accordingly. Failing to use turn signals makes it harder for other drivers to predict what’s happening, which can lead to a crash.
- Bad Weather: Precipitation on the roads—rain, snow, ice, sleet, etc.—makes it harder for vehicles to maintain traction and stay in control. High winds can also make vehicles harder to safely handle, especially smaller cars. Drivers should prepare carefully when driving in inclement weather and be extra cautious.
- Poor Road Conditions: Cracked road surfaces, potholes, poor signage, broken down safety barriers, and other kinds of road damage can all make it harder for drivers to maintain control and avoid a crash. Additionally, defective road construction or design can lead to dangerous blind curves, missing or unsafe speed limits, and other serious hazards.
What Is the Time Limit for Filing a Car Accident Lawsuit in Texas?
In Texas, you have a limited amount of time to file a car accident lawsuit. If you do not file your lawsuit before the statute of limitations has expired, you will lose your right to seek compensation for your damages in court.
In Texas, you have two years from the date of the accident to file a personal injury lawsuit.
Do not wait to speak with an attorney about your legal rights after a crash. The sooner your legal team can begin preserving evidence, the better.
Call A Houston Car Accident Lawyer
If you have a car accident case in Houston, Goldenzweig Law Group is here to help secure the best possible outcome for you. Our team works relentlessly to negotiate or litigate for the compensation you deserve, covering medical expenses, lost wages, and pain and suffering.
Our team understands the lasting impact car accidents leave, severely affecting your daily life and overall well-being. Addressing both physical and emotional scars is crucial as these can debilitate your recovery.
At Goldenzweig Law Group, we approach each case with comprehensive care. We aim to reduce the stress of the overwhelming legal process by giving you the peace of mind needed for your journey to healing..
You can call our Houston office at 713-609-1930 or fill out our free online case evaluation form as a first step to your journey to securing your compensation. Our services are available 24/7 in both English and Spanish.