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Have you been injured in a car accident near Houston, Texas? Baumgartner Law Firm will fight to get the compensation you deserve. Our Houston car accident lawyer will work to ensure you receive the most money possible.

When you hire our law firm, you will get a legal team in Harris County, TX, with decades of experience. We have won millions for victims of car accidents, truck accidents, wrongful death cases, and other injury claims.

Our experienced Houston car accident attorney has over 38 years of experience in maximizing injury compensation. We can help you, too!

Contact our Houston Personal Injury Law Firm at (281) 587-1111 for a free consultation.

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Why Choose Baumgartner Law Firm as my Houston Car Accident Lawyer?

Baumgartner Law Firm is a highly rated Houston law firm that assists individuals hurt in car accidents to receive maximum compensation.

Here’s why we are the best choice for your Houston personal injury lawyer:

Preeminent rated lawyers
top personal injury attorneys award
Best car accident lawyers in Houston
Super Lawyers award
Trial Lawyers College


When you hire Baumgartner Law Firm for a car accident, you get a skilled lawyer who will fight for maximum compensation. Let an expert handle your claim while you focus on recovering.

How a Houston Car Accident Lawyer at Baumgartner Law Firm Can Help You After Your Accident

Our Houston car accident lawyer understands how overwhelming a car accident can be. Here’s how we can assist you:

How Can Baumgartner Law Firm help after a car accident in Houston?

Every car accident claim is unique. A thorough and detailed investigation is essential. Get help from a Houston car accident lawyer who will give your case the attention it deserves with personalized guidance.

At Baumgartner Law Firm, we always put our clients’ needs and interests first. Look at our recent case results. Contact our experienced personal injury lawyer if you have any questions about your claim or car accident lawsuit.

Call our Houston car accident lawyer for a FREE Consultation.

We will evaluate how the accident occurred, determine fault, and hold the negligent driver responsible. The car accident lawyers at Baumgartner Law Firm have experience with numerous Houston car accident cases. They are ready to help you get the compensation you deserve.

Car Accident Settlement Process

Navigating the car accident settlement process can be challenging, but understanding each step can help you get the compensation you deserve. While many cases settle outside of court, knowing the process and working with an experienced car accident lawyer increases your chances of a fair and timely resolution. A skilled attorney handles everything from filing claims to negotiating settlements and preparing for potential court cases to secure the maximum compensation.

Filing a Car Accident Claim

The first step in the settlement process is to file a claim with the at-fault party’s insurance company. Making a claim involves gathering and submitting essential documents to support your claim, including:

  • Medical Records- Detailed records show the extent of your injuries, the costs of treatment, and any ongoing care needs.
  • Police Reports- These provide an official account of the accident, helping to establish liability and any factors involved.
  • Witness Statements-Statements from witnesses strengthen your claim with unbiased accounts of what happened.

A knowledgeable car accident attorney can ensure that all paperwork is accurate and submitted correctly, reducing delays and improving your chances of a favorable settlement.

Negotiating a Settlement

After submitting your claim, the negotiation phase begins. Here, your attorney works with the insurance company to seek fair compensation for all damages, including medical expenses, lost wages, pain and suffering, and any long-term effects. Insurance companies often start with a low offer to limit costs, but an experienced attorney can identify when an offer doesn’t cover your losses and negotiate for a better amount.

Choosing a reputable car accident attorney gives you the advantage of a strategic negotiation approach, maximizing your settlement without rushing to accept an inadequate offer.

Preparing for Court (If Necessary)

Your case may go to court if negotiations don’t lead to a fair settlement. Your attorney will prepare meticulously for litigation, aiming for a verdict that better compensates you for your losses.

Although going to court can extend the timeline, it can also result in higher compensation, especially when the evidence strongly supports your case. Many car accident victims find that the time spent in litigation is worthwhile for the potential increase in their payout.

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How Much Is My Car Accident Case in Houston, TX, Worth?

Determining the value of your Houston car accident case involves multiple factors:

However, several other aspects can provide more insight into your case’s worth:

Generally, the more serious the injuries, the more an injury case is worth. According to the National Safety Council, the average car crash in 2022 was valued at:

  • $26,000 for possible injuries.
  • $42,000 for evident injuries.
  • $162,000 for disabling injuries.

Each case is different. Our experienced car accident lawyer can help determine the worth of your car accident claim. A big part of most car accident settlements is pain and suffering. Its is crucial to consult a personal injury lawyer to accurately assess the value of a claim.

Some Recent Car Accident Settlements at Baumgartner Law Firm

Here are some recent car accident settlements at Baumgartner Law Firm.

$1,500,000 – Net money to our client after fees and expenses

Baumgartner Law Firm settled a car crash case after filing a lawsuit and before the start of the trial. The crash stemmed from a vehicle that had run out of gas and hit from behind.

$103,896 – Net payment to our client after fees and expenses

The car wreck was a side-impact auto accident, and our client was a passenger diagnosed with two bulging discs requiring physical therapy. The case was settled after filing a lawsuit but before discovery was started.

$ 2,210,000 – Net compensation to our client after fees and expenses

Our client ran into a vehicle pulling into a business and did not yield the right of way. The defense attorneys claimed our client did not keep a proper lookout and was at fault for the crash. The case was settled shortly before the trial.

What Steps Should I Take After a Car Accident?

A car accident can be overwhelming. Knowing what steps to take can protect your rights. Here is a checklist car accident victims should do in most cases:

  • Stop and exchange information. If you’ve been in a car accident in Texas, even if it just seems like a minor fender bender, you must stop. Failure to stop is a violation of Texas state law and could result in a ticket or even jail time, depending on the circumstances. Stop your vehicle as close to the accident as possible without obstructing traffic or parking in a dangerous spot. Immediately park your car, get out, and walk to a safe location away from the vehicle and oncoming traffic. Share your name, address, phone number, insurance details, and vehicle registration with the other driver. This exchange is crucial for the next steps.
  • Call the police. Report the accident to the local police. According to Texas statute, you must report any crash that involves injuries. Contact the Houston Police Department, the Harris County Sheriff’s Office, or local law enforcement. In most instances, officers will file an accident report. Wait for the police to arrive.
  • Seek medical attention. Your health is the most important thing. If you or anyone else is injured, get help from a medical professional immediately. Some injuries are not immediately apparent. Don’t wait. Immediate care can help identify and treat injuries, even a minor injury. Plus, medical records are key for your insurance claim.
What should I do after a Car accident in Houston?
  • Collect evidence at the accident scene. Evidence is key in Texas, a fault-based accident state. Use your phone or a camera to take pictures of the accident scene. Capture car damage, parties involved, road conditions, traffic signs, skid marks, and debris. Also, take photos of any injuries. Document the at-fault driver’s license plates, license number, and insurance company information. This information will be critical when filing a claim with the driver’s insurance company.
  • Gather witness information. Talk to witnesses and get their contact details. Their accounts can support your case. Write down what happened while it’s still fresh in your mind. This can be very helpful later.
  • Notify your insurance company. Inform your insurer about the crash as soon as possible.
  • Keep records. Keep all records related to the accident, including medical bills, repair estimates, and any correspondence with insurers.
  • Call an accident lawyer in Houston. Talk with an accident lawyer in Houston. Tell them how the crash occurred and learn about your rights, options, and next steps. They can help you get a copy of your crash report and handle your insurance claims. Dealing with insurance companies and their adjusters is not a fun process. Let an experienced law firm take legal action for you under Texas laws.

If you’re in a car accident in Texas, follow these steps to protect your rights and get the compensation you deserve. Getting a Texas car accident attorney should be a priority if you are hurt. Consulting a personal injury lawyer is crucial for legal advise and representation.

What Are Your Rights After a Car Accident in Texas?

If you’re involved in a car accident in Texas, knowing your rights is crucial to ensure you’re fully compensated for any damages and injuries.

Filing a Claim Against the Other Party

  • At Fault: If the other driver caused the accident and they have insurance, you can file a claim against their insurance policy. Damages include compensation for both property damage and bodily injury.
  • Uninsured Motorist: If the other driver is uninsured or their policy limits are insufficient, you can file a claim under your own uninsured motorist coverage, provided this is included in your policy.

When You Are at Fault

  • Comprehensive and Collision Coverage: If you’re at fault, your own comprehensive and collision coverage can be used to repair your vehicle.
  • Medical Expenses: You can file a claim with your health insurance provider for medical costs.

Legal Actions

  • Suing the Other Driver: Even if the other driver is uninsured or the settlement offer is too low, you still have the right to sue. However, it’s advisable to consult with a car accident attorney to discuss the viability and implications of this option.

Keep these rights in mind, and always consider seeking legal advice to effectively navigate the complexities of insurance claims and potential lawsuits.

Types of Car Accidents in Houston

Car accidents can occur in various forms, and understanding the different types can help you navigate the complex process of seeking compensation. Our experienced Houston car accident lawyers at Baumgartner Law Firm have handled numerous cases involving various types of car accidents.

Intersection Accidents

Many very serious auto accidents happen at intersections. These collisions can be t-bone crashes or even rear-end accidents.

Rollover Car Accidents

Rollover car accidents occur when a vehicle flips over onto its side or roof, often resulting in severe injuries or fatalities. These accidents can be caused by a variety of factors, including speeding, reckless driving, or distracted driving. If you or a loved one has been involved in a rollover car accident, it’s essential to seek the help of a skilled Houston car accident attorney to ensure you receive fair compensation. Our team at Baumgartner Law Firm has extensive experience handling rollover car accident cases and will work diligently to investigate the cause and secure the compensation you deserve.

Rear-end Car Accidents

Rear-end car accidents are one of the most common types of car accidents in Houston. These accidents occur when one vehicle collides with the rear of another vehicle, often resulting in whiplash, back injuries, or other types of harm. Our Houston car accident lawyers have extensive experience handling rear-end car accident cases and can help you navigate the complex process of seeking compensation. We understand the nuances of these cases and will work tirelessly to ensure that you receive the maximum compensation for your injuries and damages.

Fatal Car Accidents

Fatal car accidents are devastating events that can leave families and loved ones with emotional and financial burdens. If you have lost a loved one in a fatal car accident, our Houston car accident attorneys can help you seek justice and compensation for your loss. We understand the complexities of wrongful death cases and can guide you through seeking fair compensation. At Baumgartner Law Firm, we are committed to providing compassionate and effective legal representation to help you through this difficult time.

Hit and Run Accidents

When you get hit and the other driver leaves the scene before exchanging the required information. If the other driver is not identified, you may have to file an uninsured motorist claim with your insurance company for compensation.

Head-on Car Accidents

Head-on car accidents are among the most severe types of car accidents, often resulting in catastrophic injuries or fatalities. These accidents occur when two vehicles collide head-on, often due to reckless driving, speeding, or vehicle defects. Our experienced Houston car accident lawyers can help you navigate the complex process of seeking compensation for head-on car accidents. We will thoroughly investigate the circumstances of the accident and fight to ensure that you receive the compensation you need to recover and move forward.

Whiplash Injury Car Accidents

Whiplash injuries are common in car accidents, particularly in rear-end collisions. Whiplash occurs when the head is suddenly jerked back and forth, causing strain on the neck and spine. Our Houston car accident attorneys have extensive experience handling whiplash injury cases and can help you seek fair compensation for your injuries. We understand the long-term impact that whiplash can have on your life and will work diligently to ensure that you receive the medical care and financial support you need to recover.

By understanding the different types of car accidents and their specific challenges, you can better navigate the process of seeking compensation. At Baumgartner Law Firm, our Houston car accident lawyers are here to help you every step of the way. Contact us today for a free consultation, and let us help you get the justice and compensation you deserve.

How Much Do Our Houston Car Accident Lawyers Charge?

You don’t need to pay upfront costs or out-of-pocket fees. Personal injury lawyers work on a contingency fee basis.

What does a contingency fee mean? You pay no legal fees initially. If we settle your legal claim before a lawsuit, our fees are 33.33% of the total recovery amount.

Our Houston car accident attorney gets paid only if we win your case. We take a percentage of your settlement or award. We also offer free initial consultations to discuss your case and legal options.

You don’t have to face court proceedings alone. Our Houston auto accident attorney provides skilled legal representation in personal injury cases. Talk with experienced car accident lawyers to help you get the justice you deserve.

Call a local Houston auto accident lawyer for a FREE CONSULTATION.

How much do Houston car Accident lawyers charge?

What Types of Compensation Will Our Houston Car Accident Lawyer Pursue?

What damages Can I Get from a Car Accident in Houston?

If you’re involved in a serious car accident in Houston, you may be eligible for different types of compensation. At Baumgartner Law Firm, our Houston car accident lawyers work hard to ensure you get the compensation you deserve. Here are the types of damages we pursue:

Economic Damages

Economic damages are awarded to help offset the financial costs of a car accident. You can show these costs with receipts, documents, or bills or confirm them differently.

Examples of economic damages include:

  • Medical Expenses: Cover ambulance, ER care, hospital bills, doctor visits, and physical therapy costs. Insurance companies often cover these medical expenses, but you can claim any out-of-pocket costs.
  • Lost Wages: If you cannot work or earn less due to an accident, you can request compensation for the lost income. This compensation is known as lost wages. It is meant to compensate for the income you could not earn while recovering from the accident.
  • Property Damage: Compensation for vehicle repairs or replacement and any other property damaged in the accident.
  • Reduced Earning Capacity: If your injuries affect your ability to earn in the future, you can be compensated for this loss.
  • Disability: Whether temporary or permanent, if the accident results in a disability, you are entitled to compensation.
  • Home Modifications: Any necessary changes to your living space due to a catastrophic injury.
  • Out-of-pocket expenses: Expenses you incurred because of the collision.
  • Nursing Care: Costs associated with in-home care if required.

Non-Economic Damages

Not every consequence of a car crash will have a set financial value. Some of the repercussions will be incredibly personal and subjective. That’s where non-economic damages come into play.

Examples of non-economic damages include:

  • Pain and Suffering: This compensation covers the physical pain and emotional distress caused by the accident.
  • Chronic Pain: Long-term pain that affects your daily life.
  • Mental Anguish: Psychological issues such as PTSD or depression.
  • Emotional Distress: Such as PTSD or depression.
  • Disfigurement and Scarring: Permanent changes to your appearance.
  • Loss of Enjoyment of Life: This means getting money for not being able to enjoy life as much because of injuries.
  • Loss of Consortium: Impact on your relationship with your spouse.
  • Inconvenience: Everyday disruptions caused by the accident.

It is important to consult a personal injury lawyer to seek fair compensation for non-economic damages.

How Do You Calculate Pain and Suffering from a Car Accident?

Calculating pain and suffering from a car accident can be challenging, as it’s a subjective measure. Pain and suffering refer to the physical and emotional distress one might experience following an accident. Unlike medical bills or lost wages, these damages don’t have a clear price tag.

Factors That Influence the Calculation

  1. Severity of Injuries: More severe injuries often lead to higher compensation.
  2. Duration of Recovery: Prolonged recovery periods typically increase the value of pain and suffering.
  3. Impact on Daily Life: Consider how the injuries have affected your ability to work, engage in hobbies, and perform everyday tasks.
  4. Medical Evidence: Documentation from doctors, therapists, and other medical professionals strengthens your claim.

Common Methods for Calculation

  1. Multiplier Method: This approach involves adding up all actual damages (like medical expenses and lost wages) and multiplying that sum by a number typically ranging from 1.5 to 5. The multiplier is chosen based on the severity and impact of your injuries.
  2. Per Diem Method: In this method, a daily rate is assigned to your pain and suffering and then multiplied by the number of days you have experienced these issues.

Practical Steps to Take

  • Keep Detailed Records: Maintain a journal documenting your pain levels, emotional state, and disruptions to your daily routine.
  • Consult Legal Experts: An experienced personal injury attorney can provide guidance and help present a compelling case.
  • Medical Documentation: Regularly visit your healthcare providers and keep all records of your treatments.

Ensuring Fair Compensation

Ultimately, the amount you can claim for pain and suffering from a car accident will depend on the unique circumstances of your case. By methodically documenting your experiences and working with professionals, you can better substantiate your suffering and achieve fair compensation.

Compensation for Fatal Accidents

If a family member dies in an accident, we seek compensation for their death. Wrongful death damages can include:

  • Funeral and Burial Costs: Expenses related to resting a loved one.
  • Loss of Support: Financial and emotional support lost due to the death.
  • Mental Anguish and Suffering: Lasting mental trauma from your loss.

These damages aim to cover the tangible and intangible losses resulting from a car accident. Don’t underestimate the impact of these types of injuries. Emotional and psychological suffering can be as harmful as physical trauma. Treatment for this suffering may be needed for a long time. When someone else is liable for putting you in this situation, they can be held accountable under the law. Wondering if you need a personal injury lawyer?

Our Houston car accident attorneys are here to help you!

Call now to get your free case consultation!

We Will Fight for the Compensation You Deserve After Your Accident

At Baumgartner Law Firm, our Houston personal injury attorney aims to get you the highest possible compensation for your losses. We know that insurance companies often try to pay as little as possible. Our lawyers will talk to your insurance and the other driver’s insurance to ensure you get fair payment.

When determining the value of your claim, we consider economic and non-economic damages. Economic damages include tangible financial losses like medical bills and lost wages. Non-economic damages cover intangible losses like pain and suffering, emotional distress, and reduced quality of life.

We strive to maximize your settlement by thoroughly evaluating how the accident has impacted your life and negotiating aggressively. We help car accident victims and families in Harris County by fighting for the money they deserve.

If you or a loved one has been involved in a car accident, contact Baumgartner Law Firm for a free consultation. We care about you and are here to help. Our Houston car accident lawyers can help you with your insurance claims and get you the compensation you deserve. Our personal injury lawyer expertise ensures we will maximize compensation for our clients.

Common Car Accident Injuries and Their Impacts

Car accidents can result in various injuries, ranging from mild discomfort to life-threatening conditions. Understanding these injuries can help victims recognize the importance of immediate medical attention and their legal rights to compensation. Below, we outline the most common car accident injuries and their implications.

Whiplash: The Hidden Neck Injury

Whiplash is one of the most frequently reported injuries in vehicle collisions. It occurs when the neck experiences a rapid back-and-forth motion, like cracking a whip. This neck injury can strain the neck muscles and ligaments, leading to symptoms such as:

  • Neck pain and stiffness
  • Reduced range of motion
  • Headaches, often starting at the base of the skull
  • Dizziness and fatigue

Though often categorized as a “soft tissue injury,” whiplash can have long-term effects if left untreated. Early diagnosis and physical therapy are crucial for recovery.

Cuts, Lacerations, and Bruises: The Visible Wounds

Impact with sharp objects, broken glass, or vehicle components often results in cuts and bruises. While many of these injuries are superficial, deep lacerations may lead to:

  • Significant blood loss
  • Scarring or disfigurement
  • Increased risk of infections

Prompt wound cleaning and medical evaluation are essential to minimize complications.

Soft Tissue Injuries: The Invisible Pain

Soft tissue injuries encompass damage to muscles, ligaments, and tendons. Common examples include:

  • Sprains: Overstretching or tearing of ligaments
  • Strains: Overuse or tearing of muscles or tendons
  • Contusions: Bruising due to blunt force trauma

These injuries can result in persistent pain and limited mobility, often requiring rehabilitation or surgical intervention.

Broken and Fractured Bones: The Structural Damage

The force of a collision can easily lead to fractures or breaks in bones. The most commonly affected areas include:

  • Arms and legs
  • Ribs and sternum
  • Facial bones

Fractures vary in severity, with compound fractures posing additional risks due to exposed bone. Treatments range from casting and immobilization to surgical repair using pins or plates.

Spinal Cord Injuries: Life-Altering Consequences

Spinal cord injuries are among the most devastating outcomes of car accidents. These injuries can result in:

  • Partial or complete paralysis
  • Chronic pain or sensory loss
  • Long-term medical needs, such as assistive devices or therapy

The level of impairment depends on the location and severity of the spinal cord damage. Immediate emergency care is vital to mitigate the extent of the injury.

Traumatic Brain Injuries (TBI): The Silent Danger

Head trauma from a car accident can lead to traumatic brain injuries, ranging from mild concussions to severe brain damage. Symptoms of TBI may include:

  • Memory loss and cognitive impairments
  • Difficulty concentrating or solving problems
  • Emotional instability, such as mood swings or depression
  • Physical issues like seizures, headaches, or impaired coordination

Early diagnosis through imaging tests like CT scans is essential for effective treatment and management

Serious Burns: The Lingering Scars

Accidents involving fire, explosions, or chemical exposure can cause severe burns. These injuries are classified based on severity:

  • First-degree burns affect the outer skin layer
  • Second-degree burns: Damage deeper skin layers
  • Third-degree burns: Destroy skin and underlying tissues

Burn victims may require extensive treatments, including skin grafts, pain management, and physical therapy to regain function and appearance.

Severe Blood Loss: A Critical Emergency

Excessive bleeding, or exsanguination, is a life-threatening condition that can occur during a car accident. Common causes include:

  • Deep lacerations
  • Puncture wounds
  • Internal injuries

Immediate emergency care is crucial to stop the bleeding and prevent shock or organ failure.

Hidden Injuries: The Delayed Threats

Not all car accident injuries present immediate symptoms. Conditions like whiplash, internal bleeding, and mild TBIs can remain unnoticed for hours or even days. Warning signs may include:

  • Persistent headaches or nausea
  • Unexplained fatigue or mood changes
  • Discomfort that worsens over time

To safeguard their health, accident victims should seek a comprehensive medical evaluation, even if they feel fine after the crash.

The Importance of Seeking Medical Attention

Prompt medical attention is vital for physical recovery and strengthens legal claims for compensation. Insurance companies often scrutinize delays in treatment, which can weaken a victim’s case. Ensuring a qualified healthcare provider documents all injuries supports a stronger legal foundation.

Even Low-Speed or Minor Crashes Can Be Dangerous

Minor ‘fender bender” car accidents can cause injuries. Often, people don’t understand they are hurt until the next day or two. If you are in an accident and suspect you are injured, getting checked out at an emergency room, urgent care facility, or even your primary care physician can help you recover quickly and diagnose injuries promptly.

Accident victims have trusted our Houston accident attorneys for decades. We can help you, too!

Common Causes of Car Accidents in Houston, Texas

Accidents can happen for many reasons. But they often share a common factor: They could have been avoided.

Some common causes of an automobile accident include:

Will the Type of Houston Car Accident I’m in Affect My Case?

Absolutely, the type of car accident you’re involved in can significantly impact your case. Each type of crash comes with its own set of challenges and considerations for litigation. Here’s a closer look at several types of car accidents and how they might affect your case:

  • Rollover Car Accidents
    Rollover accidents, particularly common among SUVs, often result in severe injuries like head trauma and internal bleeding. These cases demand thorough investigations to determine fault and assess the extent of injuries. Specialized experts may be required to analyze vehicle dynamics and crash reconstruction.
  • Rear-end Car Accidents
    While often perceived as minor, these rear-end collisions can cause significant injuries such as whiplash and back problems. Navigating insurance claims for rear-end accidents requires a solid understanding of liability and injury assessment.
  • Fatal Car Accidents
    The emotional and financial toll of losing a loved one in a car accident is immense. Cases involving fatal accidents focus on obtaining compensation for final expenses and loss of companionship. These cases often involve extensive negotiation with insurance companies and can even lead to wrongful death lawsuits.
  • Head-on Car Accidents
    Head-on crashes are particularly dangerous, frequently resulting in life-threatening injuries such as internal bleeding and severe head injuries. Litigation in these cases aims to cover extensive medical treatments, long-term care, and non-economic damages like pain and suffering.
  • Whiplash Injury Car Accidents
    Whiplash is a common injury in car accidents, especially in head-on and rear-end collisions. While often dismissed as minor, whiplash can lead to chronic pain and long-term health issues. Proving the extent of whiplash injuries can be challenging and typically requires detailed medical documentation.
  • T-bone Accidents
    T-bone collisions often produce serious injuries. One of the vehicles in a side impact accident is usually travelling at a significant speed. The vast majority of this type of wreck occurs at intersections.
  • Crashes with Commercial Vehicles
    Commercial vehicles almost always have larger liability insurance coverage. Making the potential for significant settlements more likely with serious injury claims.
    Understanding the specifics of your accident type is crucial for effectively pursuing your case. Each scenario requires tailored legal strategies and expertise. By aligning your legal approach with the unique aspects of your accident, you increase your chances of obtaining a favorable outcome.

Is Texas a No-Fault or Shared Fault State?

Texas uses a modified comparative negligence rule. If you’re partially at fault, your compensation is reduced by your percentage of blame. For example, if you’re 20% at fault, you can recover 80% of your damages. You cannot recover damages if you’re more than 50% at fault. Legal proceedings may be needed to determine the percentage of fault for an accident.

Insurance companies play a crucial role in determining fault and handling claims under Texas’s fault rules.

Is Texas a Shared Fault State?

Do I Have a Case if I am Partially At-Fault?

Texas follows a comparative negligence system for car accident compensation. Under the law in Texas, you can still recover damages if you are less than 51% at fault for an accident. However, if you are partly at fault for an accident, your damages will be reduced by your percentage of fault. You will be barred from recovering damages in Texas if you are more than 50% at fault. Damages include medical bills, lost wages, property damage, and more.

How an Attorney Can Help Determine Fault

Talking with an attorney experienced in car accident cases can be important in analyzing whether you have a claim. The attorney can review the crash report, accident scene, witness statements, and photographs of the vehicles to help determine whether you have a case that they wish to pursue for you. Sometimes, the attorney will hire an accident reconstructionist to help inform the jury about the other party’s fault for the crash.

Shared Fault Examples

You were in a car accident when Another driver ran a red light. While your light was green, the other driver told the police officer that their light was green, and you ran the red light. This situation is known as the red-light swearing match. The police officer, under this scenario, likely did not find fault in either party. An attorney may be able to find a witness or video that may help prove your case.

You are rear-ended by another driver who contends you stopped suddenly without warning. While normally being struck in the rear results in fault for the person who rear-ended the other person, it is not uncommon for insurance companies to contend that you are partly responsible even when the accident was not your fault. If the insurance company can pin some of the responsibility for the accident on you, it will reduce the amount they have to pay on the claim. For example, if you were determined to be 10% at fault, you would collect 90% of the damages awarded in the case.

The Importance of Speaking with an Attorney in Shared Fault Cases

If you are wondering what you should do if you were in an accident and possibly share some responsibility for the crash, speaking with an attorney before you talk with the insurance company is vital to understand your rights and options. Insurance companies will use your words against you at every opportunity. Here is what you should do after an accident:

  • Speak with an experienced attorney before discussing with any insurance company or adjuster.
  • Keep your comments about the crash concise and accurate.
  • Do not give a recorded statement about how the accident happened and your injuries until you know all the facts and have had a chance to discuss your claim with an attorney.

When Should I Hire a Car Accident Lawyer Near Me?

Hiring a car accident lawyer promptly after an accident can make a significant difference in the outcome of your case. Here’s why timing is crucial:

Immediate Investigation

The sooner your lawyer can investigate, the more reliable the evidence will be. Memories fade, and physical evidence can be lost or degraded over time. A prompt investigation ensures that:

  • Witnesses’ statements are fresh and more accurate.
  • Vital evidence from the accident scene is preserved.
  • Specialists have access to an untouched crash site.

Focus on Recovery

After an accident, your primary concern should be your physical and emotional recovery. Hiring a lawyer right away allows you to:

  • Concentrate on your health instead of legal paperwork.
  • Avoid the stress of dealing with insurance companies and legal deadlines.

A dedicated attorney will manage your claims and legal filings, ensuring nothing important is overlooked.

Cost-Effective Decision

Many people worry about the cost of hiring a lawyer, but delaying could be more costly in the long run. Most car accident attorneys work on a contingency fee basis, meaning:

  • They get paid only if you win your case.
  • Early involvement can prevent costly mistakes or missed deadlines that could weaken your claim.

By hiring a lawyer soon after your car accident, you’re investing in a stronger case with potentially higher compensation. The benefits of early legal assistance far outweigh any drawbacks.

Hiring a personal injury lawyer to handle your claims and provide legal representation can further ensure that your rights are protected and that you receive the compensation you deserve.

Do I Need a Houston Car Wreck Attorney if the Other Insurance Company Accepts Liability in Texas?

Absolutely. Even if the other insurance company accepts liability, that doesn’t necessarily cover all your bases. Here’s why:

They Control the Payout

When an insurance company accepts liability, they aren’t pledging to cover all your medical bills or compensate fully for your pain and suffering. They will offer what they consider fair—often far less than you deserve.

Limited Scope of Acceptance

Their acceptance typically includes only the expenses they deem reasonable. This means they may well contest the necessity of certain medical treatments and the charges from your healthcare providers.

No Guarantee for Pain and Suffering Compensation

Acceptance of liability doesn’t equate to voluntary compensation for your pain and suffering. Insurance companies aim to minimize settlements to maximize their profits. They aren’t in the business of giving out generous payouts.

Common Tactics to Undermine Your Claim

One tactic is to infer that you do not need a lawyer for your case. Then, key steps needed to get fair compensation are often missed. There is a reason why the insurance company does not want you to hire a good personal injury lawyer. With a good attorney on your side, they will have to pay full compensation for your case.

The Importance of Legal Representation

Given these hurdles, a seasoned Houston car wreck attorney becomes crucial. They can navigate these tactics, ensuring your rights are protected and advocating for the compensation you deserve.

In summary, while an insurance company’s acceptance of liability might sound reassuring, it’s fraught with limitations and tactics designed to save them money. A skilled Houston car wreck attorney can help you navigate these complexities and fight for the compensation you deserve.

Auto Accident Claim Tips by Greg Baumgartner, the founder of Baumgartner Law Firm

After almost 40 years of helping people injured in car wrecks, here is a list of tips by trial lawyer Greg Baumgartner you can use to help your case.

  • Understand the insurance adjuster is not out to pay a fair amount for personal injury damages. Insurance companies often try to minimize payouts.
  • Delays in seeking medical care or not following up with needed care will hurt your case.
  • If you are not experienced in the claims process, always take advantage of a free consultation by an experienced attorney.
  • Document the property damage to your vehicle by taking photographs of the damage- if the impact was severe. Those pictures can help explain the force of the crash.
  • Don’t let an adverse adjuster record your story. The recording will not help you and can hurt your case.
  • If you are thinking of hiring an attorney, do so before trying to settle the case on your own.
  • Choose an experienced attorney who does not have a high-volume law practice so they have the time to handle your case appropriately.
  • Consult a personal injury lawyer for legal advice and representation to ensure your rights are protected.

How Do I Prove Negligence in a Car Accident Case in Houston, TX?

A strong accident claim needs several key components. First, evidence is crucial for proving fault. In Texas, a fault-based auto accident state, you must show that the defendant’s negligence contributed to your crash.

proving negligence in a car accident case

This evidence can include police reports, witness statements, photos of the crash scene, and expert reconstruction reports. Collecting as much evidence as possible during the accident and keeping detailed records will strengthen your case. Insurance companies often require substantial proof to handle claims effectively.

You will also need to demonstrate how the accident has impacted your life. Proof includes lost wages, pain and suffering, and a reduced quality of life. Your Texas car accident lawyer will work to calculate your total damages and fight for fair compensation.

Compensatory damages are a significant part of car accident claims. You must prove the damages you’ve incurred. Much of this revolves around medical evidence. Your treating physicians can provide testimony about your injuries, treatment, and prognosis.

In car accident lawsuits, a lawyer must prove your injury and the compensation you should receive. This can include medical records, doctors’ testimonies about future care needs, and your testimony. A lawyer who knows personal injury law can help you get the money you deserve for your injuries. Consulting a car accident lawyer is vital to prove negligence and get fair compensation.

How Long Do I Have to File a Lawsuit After Car Wreck in Texas?

After a car accident, you must act quickly. Texas law sets a two-year statute of limitations for injury claims.

If you miss this deadline, you may be unable to file a claim. Consult with our legal team as soon as possible to protect your rights. Most law firms handling personal injury law or motor vehicle accidents will offer a free case evaluation.

How long do I Have to File a Lawsuit after a Car Wreck in Texas?
How long does a car accident claim take?

How Long Does a Houston Car Accident Claim Take?

The length of a car accident injury claim varies. Some cases may resolve in a few months, while others can take up to two years. Factors influencing this include the complexity of the case, the liability insurance provider, and the amount of damages involved. Filing a lawsuit can also prolong the legal process time.

How Do Insurance Companies Typically Handle Settlement Offers After a Car Accident?

Understanding the Adjuster’s Game Plan

Dealing with insurance companies after a car accident can be daunting. Typically, insurance adjusters aim to settle claims quickly and for as little money as possible. Insurance companies often make low initial offers, hoping you’ll accept without hesitation.

Leverage and Knowledge

Insurance companies hold a significant advantage as they handle claims daily and understand the intricacies of the process. Conversely, this might be your first experience navigating a car accident claim, giving them an upper hand.

Tactics to be Aware Of

  1. Lowball Offers: It’s common for adjusters to present an initial settlement amount that significantly undervalues your claim.
  2. Rushed Settlements: They’ll often pressure you to accept quickly, suggesting that this is the best offer you’ll get.
  3. Information Requests: Adjusters may request extensive documentation to delay the process or find reasons to devalue your claim.

Why Legal Help Matters

By securing legal representation, you can balance the scales. A skilled car accident lawyer knows the tactics used by insurance companies and can negotiate effectively on your behalf, ensuring that you receive a fair settlement.

Remember, knowledge is power. Being aware of these tactics and obtaining professional advice can significantly impact the outcome of your settlement claim. Consult a personal injury lawyer to negotiate a fair settlement for your case. An expert personal injury lawyer will provide the necessary legal representation needed to maximize your compensation.

Will My Houston Car Accident Case Go to Trial?

It’s possible but not likely. Most claims are settled out of court. Only a small percentage go to trial. However, being well-prepared with strong evidence increases your chances of a favorable settlement.

Hiring a reputable personal injury lawyer can help you prepare for trial and seek full compensation.

Accidents With Uninsured Drivers and Underinsured Accidents

In Houston, it is quite common for people to get into a car accident with a driver who does not have insurance coverage at the time of the accident. This is known as an uninsured accident, and it happens even though the law in Texas requires every driver to be covered by liability coverage of at least $30,000.

About Uninsured Motorist and Underinsured Motorist Insurance (UM/UIM)

UM and UIM insurance protects you if you are hurt in an accident. The other driver did not have liability insurance or had a small policy, and you have serious injuries. This type of coverage is optional in Texas, and we highly recommend getting this type of coverage if you can’t afford to do so.

Pursuing a Claim

You have limited options if you get into an accident with a driver without insurance or with a small policy.

  • File a claim or lawsuit against the. However, collecting damages outside of insurance coverage is extremely difficult in Texas.

File an underinsured or uninsured motorist claim against your insurance carrier; you can file a claim with your insurance company if you have UM/UIM coverage on your auto policy. Texas insurance companies are well known for their attempts to pay as little as possible on underinsured and uninsured motorist cases. Appropriate legal representation is needed to receive fair compensation for most underinsured and uninsured motorist cases.

How Baumgartner Law Firm Can Help

Dealing with your or the other party’s insurance company can be difficult and stressful. Rarely will an insurance company deal fairly with a person without an experienced and reputable attorney. The Baumgartner law firm has over three decades of experience handling auto accident insurance claims and a track record of second to none.

Houston Car Crash Statistics

Houston Car Accident Statistics

Schedule Your Free Consultation with an Attorney Trusted for Over 38 Years

Contact Houston car accident attorneys trusted for over 38 years.

Our North Houston accident lawyer at Baumgartner Law Firm helps victims and families of car accidents. He is well-known for his assistance in these cases. You don’t have to face an insurance company alone. Call an aggressive car accident lawyer near you. If you or a loved one has been hurt in a serious motor vehicle accident, we are here to help.

It is important to consult a personal injury lawyer for legal representation and handling claims.

Call us now for a free case evaluation or fill out our contact form.

Contact a Top-Rated Houston Auto Accident Attorney at Baumgartner Law Firm for Help

Contact our car accident lawyer for a free, no-obligation initial consultation. We represent car accident victims in Harris County and throughout Southeast Texas from our Houston law firm.

Call our Houston Car Accident Lawyers at (281) 587-1111 for a FREE Consultation!

Frequently Asked Questions

Car Accident FAQ’s

What Are the Most Dangerous Roads in Houston?

For those navigating the bustling roads of Houston, being aware of the city’s most dangerous intersections and streets is crucial. Recent research into local accident statistics highlights several areas where drivers should be particularly vigilant.

Houston’s Notorious Intersections:

Some intersections have become infamous for high-traffic incidents. Key locations to watch out for include:

  • W Bellfort Ave & Fondren Road: A frequent spot for collisions.
  • Fannin Street & Pierce Street: Known for its challenging traffic flow.
  • Bellaire Blvd & S Gessner Road: Another hotspot with a high rate of accidents.
  • Shepherd & Allen Pkwy & Kirby Drive: This complex intersection often sees confusing traffic patterns that can lead to accidents.

Risk-Prone Streets:

Aside from intersections, certain streets in Houston pose a continuous threat due to heavy traffic and high-speed limits. Notable among these are:

  • Westheimer Road: A busy thoroughfare with a notorious stretch prone to accidents.
  • FM 1960 and Louetta Road: These roads are key arterial routes with a long history of traffic-related incidents.

Areas Requiring Extra Caution:

  • Cullen Boulevard pedestrian crossing: A critical area where pedestrians and vehicles frequently cross paths.
  • S Dairy Ashford Rd: This road remains a concern for drivers and local authorities due to its accident rate.

Understanding these high-risk areas in Houston can help drivers make more informed decisions, potentially reducing the chances of becoming involved in a traffic accident. Stay alert and prioritize safety, especially when traveling through these danger zones.

What are Common Defenses Used by Insurance Companies to Defend Auto Accident Lawsuits?

Sudden emergency

The sudden emergency defense in personal injury cases argues that a defendant’s actions were justified because they faced an unforeseen and urgent situation that they did not create, leaving them with few options to prevent the crash. Given the emergency circumstances, liability can be absolved if the defendant acted reasonably.

Third-party or new and independent cause

In personal injury cases, the new and independent cause doctrine suggests that a subsequent event after the initial incident interrupts the chain of causation and releases the defendant from liability. This doctrine argues that the later event is the main cause of the injury rather than the defendant’s actions.

Unavoidable accident

Argue the defendant used reasonable or due care and could not have avoided the collision. If the jury feels a defendant did what a reasonable person would have done, they may avoid liability.

Injuries were preexisting or not caused by the crash

The insurance company will argue that the injury was preexisting. In other words, they argue that the crash did not cause injuries. The insurance company often hires a testifying doctor to contest injuries and costs.

Medical expenses are too high

In almost every single car accident insurance claim, the company will argue that the medical expenses were unnecessary or excessive in cost. Insurance defense doctors are hired to contest injuries and medical bills.

Why Would the Insurance Company Refuse to Settle My Case Fairly?

Insurance companies are not in the business of handling claims on personal injury matters based on what is fair to the victim. Insurance companies will seek to settle the case as cheaply as possible. Fairness is not a consideration for an insurance adjuster.

Sometimes, it just takes a strong personal injury attorney to get the compensation you deserve.

 
Texas Laws You Should Be Aware Of

As a car accident victim in Houston, it’s essential to be aware of the laws that govern car accidents in Texas. Here are some key laws to know:

  1. Texas Transportation Code: This code outlines the rules of the road and the responsibilities of drivers in Texas. Understanding these rules can help determine fault in a car accident.
  2. Texas Civil Practice and Remedies Code outlines the procedures for filing a lawsuit and seeking compensation for injuries and damages. Knowing these procedures can help you navigate the legal process more effectively.
  3. Texas Insurance Code: This code outlines the requirements for insurance companies and the procedures for filing an insurance claim. Familiarity with these requirements can help ensure your claim is handled properly.

When Should I Contact a Houston Auto Accident Attorney?

If you’ve been injured in an accident, the earlier you contact an experienced auto accident attorney, the better your case will be. Particularly if liability may be contested, your injuries are severe, or you require substantial medical care.

Can I Sue My Insurance Company After a Car Accident in Houston, TX?

Most of the time, litigation involves the insurance company for the at-fault driver. If underinsured or uninsured motorist coverage may apply to your accident, suing your insurance company is often necessary to get the compensational benefits you are entitled to. We do not recommend filing a lawsuit without an attorney experienced in personal injury trial law.

How Long Does the Insurance Company Take to Settle a Claim?

Each insurance company uses different methods to resolve claims. Some insurance companies are notorious for taking forever to settle a claim and then taking longer to pay the claim that they settled. Commercial vehicle accidents generally take longer simply because the claim’s adjuster is not prepared to handle claims using the same method as a normal auto insurer.

What is the Average Houston Car Accident Settlement?

There really is not an average settlement that can be useful when you wonder how much your case will bring. A personal injury attorney can evaluate how much they feel your case can settle for and give you a reasonable range. Factors considered are how clear liability is, how much insurance coverage is available to pay damages, and what the doctor says about your injuries.

At Baumgartner Law Firm, we don’t fight for average settlement money. We fight to win every dime you’re entitled to.

How Do I Schedule an Appointment with Baumgartner Law Firm?

Call our office at 281-587-1111, and we will learn about your accident and legal representation needs. If we can help you with your insurance claim, we will schedule an appointment to discuss your case at your convenience. You can also request a case consultation by filling out the form on this page.

What Information Do I Need to Provide for a Case Evaluation?

The more we learn about your accident and injuries, the better job we can do and advise you on your rights and options. If you do not have everything, don’t worry; we can get it. Here is a list of things that we would like to know when we meet with you:

  • The date of the accident
  • police incident report number
  • the name and insurance information of the at-fault driver
  • contact information for any witness
  • any medical records that you have now for the injuries from the accident
  • coverage information of your auto insurance
  • whether or not you gave a recorded statement to an insurance adjuster
  • health insurance card if you have health insurance

If you do not have some of this information, do not worry. We can obtain it after our meeting. It is also helpful to bring any information about the accident, such as photographs or videos. We will copy any information we need for your claim and return the originals. When in doubt, bring everything and let us sort it out.

Get a FREE Consultation with an Experienced Houston Car Accident Lawyer Now

At Baumgartner Law Firm, we provide compassionate and aggressive representation, fighting for full compensation for your claim. Our lawyers in Houston, Harris County, TX, will help you get full compensation by building a strong case against the person at fault.

Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111

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