HOUSTON CAR
ACCIDENT LAWYER

Why Choose Baumgartner Law Firm for your Houston Auto Accident Attorney?

• Our Law Firm has been helping folks injured in a car wreck for decades.
• We have recovered scores of 6 and 7 figure results.
• We have been recognized as among the best personal injury firms.
• All accident cases are handled on a contingency fee basis. We only get paid if you win!
• No upfront costs!
•  Our clients come first. Let us handle your case, while you recover.
• Free initial consultations.

Do I Need to Hire a Lawyer for a Houston Car Wreck?

If your injuries are serious, you will need a lawyer. If you were uninjured, or have a very minor injury, you may not need counsel.

After being in a car wreck in Houston, some handle their car accident claims themselves. But, trying to save money by not hiring a lawyer can end up costing you more money in the long run.

You might find out you cannot settle your injury claims for a reasonable amount, only to receive a lowball settlement offer. However, unknowingly you may have taken steps that hurt the value of the injury case. Without an experienced car accident lawyer fighting for you, you’re at the mercy of the insurance company.

Not every type of auto accident requires a lawyer. Accidents without injury don’t require a personal injury attorney, and a crash with a minor injury may not even need a lawyer.

Insurance companies are looking to save money, which means the adjuster may give you a lowball offer or lead you on only to later deny your claim.

Many people with serious injuries from an auto accident get mad at what the insurance company offers them.

Baumgartner Law Firm recommends talking with an experienced car accident lawyer with a proven record of protecting your rights before dealing with an adjuster.

Why Speak With a Houston Car Accident Attorney at Baumgartner Law Firm?

If you were hurt in a car accident,  dealing with an insurance company is not an easy process. We can help! Here are a few things the attorneys at Baumgartner Law Firm can do for you:

• Dealing with the insurance adjusters on your behalf.
• Doing the legwork on your case.
• Evaluating the case and getting evidence.
• Obtaining your medical records and bills.
• Negotiating fair compensation for your injuries.
• Filing a lawsuit to hold the other driver accountable, when necessary.

Call Baumgartner Law Firm for a free case evaluation at (281) 587-1111.

When to Get a Lawyer for a Car Wreck?

The earlier the better! If you need a lawyer for a car wreck, do not delay but talk with one right away!

Hiring a Houston accident attorney right after the crash is important. It can help increase the odds of a favorable settlement, reduce stress, and save important evidence.

It’s best to consult an experienced auto accident attorney before giving any recorded statements. Get a lawyer and let them deal with the adjuster!

Studies prove people who hire a car accident lawyer receive more money than those who do not hire one. After a car wreck, you should hire a local lawyer as soon as possible. Do not wait, call us today! Your best chance to recover compensation starts by calling Baumgartner Law Firm at (281) 587-1111!

What are Texas Time Limits on Bringing a Personal Injury Claim?

In Texas, a car accident injury claim must be filed timely (statute of limitations)  a case must be filed within two years from the date of the crash. Do not delay as after the statute of limitations passes, you may not be able to recover compensation for your injuries.

How Much Does it Cost to Hire a Houston Car Accident Lawyer?

In short, nothing upfront.

The cost to hire the best car accident lawyer is not something you should have to worry about. The cases our Houston lawyers at Baumgartner Law Firm agree to take are handled on a contingency fee basis. A contingency fee means that our pay is contingent upon you receiving money.

We get paid out of the settlement paid by the insurance companies. Our Houston personal injury lawyers charge no money up-front and only get paid if we get money for you.

There is no out-of-pocket expense for you to hire Baumgartner Law Firm as your attorney. We advance litigation costs to develop your car accident injury case as needed.

Only if we get you money, we will be repaid for our out-of-pocket expenses from the settlement and our fee.

Call (281) 587-1111 or fill out the online contact form

How Much Money Can I Get for My Car Accident Injuries?

There isn’t a set formula for compensation following a car accident in Houston or Harris County. When insurance companies become greedy, a jury may need to decide a proper amount to award the victim. Our Houston injury attorneys at Baumgartner Law Firm have been holding insurance companies accountable for decades.

Important valuation considerations include:

• How bad is the property damage? Was it a severe impact or a fender bender?
• What are the treating physicians saying about your diagnosis and prognosis?
• Was there any delay in receiving medical attention?
• What are the objective findings in medical testing?
• What were the circumstances surrounding the accident? Was drunk driving a factor?
• Is long-term medical care necessary?
• What is the insurance coverage?

Getting an experienced car accident attorney in Houston improves the odds of a reasonable settlement. The car accident attorneys at Baumgartner Law Firm work to settle your case for maximum compensation. If we are not able to settle your case with the adjuster, we will file a lawsuit.

 

 

What Damages are Available for Auto Accident Injuries In Texas?

In Texas, the burden of proof in a car accident lawsuit rests with the injured victim who filed the lawsuit. First, a Houston car crash attorney must prove which driver is responsible for causing the crash as well as describe the injuries and damages suffered by their client.

Then if the case is not settled, a Texas jury will determine legal damages for the personal injury or wrongful death.

Legal damages in Texas for personal injury from a motor vehicle accident include:

• Pain and suffering
• Medical expenses
• Lost wages
• Disability
• Disfigurement
• Mental anguish
• Wrongful death
• Survival damages

What Factors Impact the Value of an Auto Accident Case?

An experienced car accident attorney in Houston, TX will be able to determine the injury claim value of your car wreck. How do Houston car wreck lawyers get their numbers? The facts of each case are considered, and personal injury claims from car accidents will vary.

In our opinion, things that matter for personal injury case value include:

• Which Harris County injury lawyer do you choose.
• The severity of impact.
• If the driver was using drugs or alcohol.
• Objective findings on your medical tests.
• Your doctor’s opinions on the severity of the injury and needed care.
• Medical bills.
• Proven lost wages.
• What are the limits of insurance coverage for the accident?

The most effective way to get the best settlement is to find an experienced Texas accident lawyer. After getting in a car wreck, hiring an injury lawyer should be one of your priorities.

How Much Do I Get for Pain and Suffering?

Courts in Texas don’t use the multiplier method to calculate pain and suffering. However, insurance companies may use a variation of the method.

The multiplier method first takes your medical bills, then multiplies the number by the factor and adds in proven lost wages.

One of the variables for the insurance company to consider is who your lawyer is. Hiring an experienced Houston auto injury lawyer is the most effective way to get the best settlement.

Pain and suffering are only one component of the legal damages in a personal injury case. Any injury which causes pain or discomfort qualifies as pain and suffering, including both physical and mental. Severe injury can include chronic pain, among other problems.

Mental suffering includes the mental issues that follow an auto accident, including depression, loss of enjoyment of life, and post-traumatic stress disorder. The more severe the injury, the higher the pain and suffering should be.

Proof of each damage claim must be presented.

Why Won’t the Insurance Company Pay My Medical Expenses?

The other driver’s auto insurance company will not pay your bills as you go because they want to make it more difficult for you to obtain medical treatment.

Auto insurance companies only pay once in a settlement. In exchange for a signed release, which ensures they will never have to pay again.

If you have PIP or Med Pay coverage under your auto policy, you can submit bills, up to those limits and the PIP or Med Pay will reimburse some of your medical costs. If you have questions about a car accident injury claim, call us!

Do I Have to Reimburse My Health Insurance Company if They Paid Bills After a Car Wreck?

If you have received the money in a personal injury settlement, you may have to repay your health insurer. This type of payback is called subrogation. There are two types of subrogation, which are statutory subrogation and contract subrogation. If your health insurance is an ERISA plan, the payback is statutory, meaning required by law.

If we accept your case we will look at your policy and negotiate with the health insurer when appropriate.

Do I Need to File a Police Report?

Often you are in an accident and call the police, but after an hour they still haven’t arrived. This forces you to exchange information with the other driver and leave the scene of the accident. Officers not showing up is a problem in Houston and across Harris County.

Texas law requires the officer to file a police report if someone is hurt or killed in a car wreck, or if there is more than $1,000 in property damage.

However, if an officer does not show up at the scene, a report will not be filed. In Texas, you may file a Driver’s Crash Report (CR-2) online on the TxDOT website.

A copy can also be obtained through the Houston Police Department. You can also check for incident updates here!

If the other person is at fault, we recommend that you wait for the officer to arrive at the scene. Having the officer prepare the report is better than you filing a report online at a later time.

While your online report will not be helpful to your injury claim, the police-prepared report may help.

Do I Need to Make an Insurance Claim After a Car Accident?

Yes, If your car has been damaged or if you’ve been hurt in an accident, you will want to file an insurance claim.

What is the Minimum Required Coverage for Auto Insurance in Texas?

Texas requires a minimum level of insurance of $30,000 per injury and $60,000 per crash. Property damage has a required $25,000 minimum.

Before making an insurance claim, we suggest tending to your injuries first. You should always seek the medical help you need. We also believe you should not give a statement to the insurance adjuster.

You should speak with a lawyer at Baumgartner Law Firm before giving a statement to an adjuster.  Because what you say can hurt your claim. If you do give a recorded statement, be careful in discussing how the crash occurred.

Consider hiring a car accident attorney in Houston, TX from Baumgartner Law Firm to do your talking for you.

What Evidence is Used for a Car Accident Injury Claim?

A car accident attorney will use the following evidence in a lawsuit for injuries:

• Medical records documenting treatment and injuries
• Medical bills showing the cost of necessary care caused by a car crash
• Lost wage calculations from clients’ employers.
• Doctor testimony regarding diagnosis, prognosis, and the cause of injuries sustained in the car crash
• Lifecare planners for those with catastrophic injuries for extended periods of time or a lifetime
• Friends and family members may testify about the impact of the traffic accident on their loved one

The Baumgartner Law Firm has been helping people injured in accidents for over 35 years. Call us for a FREE consultation- (281) 587-1111.

2021 Texas Car Wreck Facts 

According to the NSTSA, Texas has more than 3,500 fatal accidents per year. Of the number of fatal accidents, 40% of these fatal accidents involved a drunk driver. The second highest cause of fatal accidents was speeding, followed by collisions with 18-wheelers.

 

Fatal Car Accident Damages in Texas

Houston has some of the deadliest roads in the country. Wrongful death cases are different from those involving injury because damages are from the loss of the surviving family members.

Wrongful Death Damages include:

*Loss of love and affection

*Mental anguish

*Emotional impact

*Loss of support

In Texas, wrongful death car accident lawsuits are filed by immediate family members such as a spouse, child, or parent of the deceased.

We know that no amount of money can replace the loss of the people you love dearly. Our law firm takes an empathetic approach, upholding our clients’ rights and ensuring insurance companies do right by them and their families.

Survival Damages

If the victim lived for a while after their accident, a survival case will be appropriate. The estate may bring a lawsuit through a family member for a survival cause of action. In Texas, a survival claim is owned by the estate of the deceased.

Survival damages work as though the deceased suffered damages before passing. Survival damages would include:

*Medical bills

*Pain and suffering

*Mental anguish

*Incapacity

*Disability

*Disfigurement

*Lost wages

*Funeral expenses

Common Causes of Car Accidents

Texas has more than 180,000 miles of interstate highways, and there is a motor vehicle accident every 57 seconds in Texas.

18,000 people are injured in an auto accident in the state of Texas each year stemming from the numerous causes of motor vehicle accidents.

Some of the most common causes of traffic accidents in Texas are:

Distracted Driving

Texting while driving is illegal in Texas, however phone usage is still a significant cause of many motor vehicle accidents. It’s nearly impossible to drive down the street without seeing another driver looking at their cell phone because the smartphone has enabled instant feedback by text, email, and the internet.

Distractions are also a problem, including talking with passengers, tending to children, putting on makeup, or even changing the radio station. Anything that takes eyes off the roadway for even a second has the potential to cause catastrophic injuries.

It only takes a fraction of a second for a distraction to cause a collision. If a driver is not focused on the road, they may be at fault in a crash.

Speeding

Driving either above the posted speed limit inTexas or too fast for conditions is a factor in many car accidents. Traffic congestion can also add to the problem. In some cases, increased highway speed limits and excess speed contribute to numerous wrongful death car crashes. Not to mention, loss of control of the vehicle is more likely with speed.

Drunk Driving

One in three fatal car accidents involves a drunk driver. A blood alcohol level of .08 is classified as drunk in the state of Texas, and minors break the law with any degree of alcohol in the blood. Driving drunk can cause you to lose your driver’s license and your freedom.

Violations of Traffic Laws

In most automobile collisions, someone violated a law that was specifically designed to protect Texas drivers. Often there are multiple violations committed by a single driver.

Violations include:

*Drinking and driving

*Speeding

*Running a stop sign

*Failing to yield to the right-of-way

A violation of traffic laws can be “negligence per se”.

Failure to Maintain a Proper Lookout

Failure to maintain a proper lookout contributes to many traffic accidents, including running a red light, failing to yield to the right-of-way, and more.

Following Too Closely 

The majority of rear-end accidents usually involve following too closely or failing to maintain a proper lookout. On Texas interstates, it’s tough for motorists to maintain a clear distance between the vehicle ahead of them. In this situation, extra caution is required to avoid a car wreck.

Disregarding Traffic Signals and Signs

Running a red light, disregarding traffic signals, or running or a missed stop sign are massive problems for Texas drivers. Serious injuries are common with car wrecks over 30 mph, and accidents at intersections can be catastrophic. Disregarding a stop sign or a red light can happen by choice, but most of the time, it’s caused by inattention.

Common Types of Car Accidents

Rear-end Collisions

Getting struck from the rear happens when a vehicle is stopped at a traffic signal or in gridlocked traffic, although some rear-end car accidents occur when both vehicles are moving and a driver is distracted. On interstate highways, extra caution is required to avoid a sudden-stop car accident.

In Texas, the law requires drivers to follow at “an assured clear distance” that allows them to stop without impacting the vehicle in front of them. A significant number of claims come from a rear-end collision.

Head-on Car Crashes

The majority of head-on collisions lead to severe injury because both vehicles are traveling in opposing directions. The higher the speed, the greater the chances for catastrophic injuries or fatalities.

We most often see head-on crashes during hurricanes and with drunk drivers. Often car wrecks happen when a driver crosses the line because they’re distracted or intoxicated.  A head-on collision can also happen when a driver is not familiar with the area and turns into a one-way street going in the wrong direction.

T-bone Car Accidents

T-bone car accidents are especially hazardous as they involve speeds that lead to catastrophic injuries. Typically, the person closest to the impact zone suffers the most significant injuries. A T-bone car crash happens when one of the drivers was negligent and disregarded a traffic signal or stop sign. Eyewitnesses can be crucial for winning a T-bone accident case.

Sideswipe Crashes

Sideswipe crashes happen when a driver is changing lanes. The law in Texas requires a driver to ensure that they can make a lane change safely. Most of the time, the at-fault driver did not see the other vehicle. A sideswipe crash can also happen because a big-rig driver was impatient. As in other car accident claims, eyewitnesses are vital.

Rollover Crashes

Rollover accidents involve high speeds or a combination of high speeds and other events, such as a sharp curve, defective vehicle, or tire blowout. The lower the center of gravity of your car, the smaller the chance of a rollover accident. The higher the center of gravity of the vehicle, the more likely it is to roll over. Eighteen passenger vans and SUVs are most susceptible to rollovers.

Motorcycle Collisions

The cause of most motorcycle accidents is failure to see the motorcycle. The higher the traffic, the less chance there is of seeing a motorcyclist. Motorcycle collisions involve broken bones, head injuries, or death due to the lack of a physical barrier between the rider and the other vehicle. Wearing protective gear such as leather, colorful clothing, and a helmet can help prevent injury. Colorful clothing is important for increasing visibility, which can help prevent a motorcycle crash.

Commercial Vehicle Collisions

Big rigs and tractor-trailers have blind spots that contribute to accidents. Even a cautious trucker can cause an accident by not checking their mirrors. Blind spots for these big trucks are on either side of the truck, in front of, and behind the trailer. There are many rear-ended big rig crashes caused by the increased stopping distance for the semi-truck. Big-rig accidents will require a truck accident attorney.

Contact an Experienced Auto Accident Attorney in Houston

At the Baumgartner Law Firm putting clients first has been our driving principle for more than three decades. We are selective in the cases we take to provide our clients with the highest quality legal representation. We are relentless in fighting to maximize your compensation.

Call the award-winning lawyers at Baumgartner Law Firm for a FREE no-obligation consultation. Call (281) 587-1111 or Fill out the case consultation request.