Houston Car Accident Lawyer

In Texas, motor vehicle accident liability is based on fault. It is one of the core things you should understand about Houston’s car crash claims process. The driver, the truck company, the vehicle manufacturer, or the other party who is found to be responsible for causing the accident is also responsible for paying for the damages and injuries that result.

In practice, insurance companies are typically the ones handling claims. Still, establishing fault—which is done through comprehensive evidence—is key to proving liability and recovering compensation.

Of course, one party does not always bear the entire legal responsibility for a crash in Houston. Two or more parties may have contributed to the same accident. Indeed, even the victim may be partially at fault for their own crash. Texas is a comparative negligence state, which means that when more than one party is found to be at fault for a car accident, their level of the fault will be compared to determine how much compensation they are responsible for paying.

Under Texas law (Tex. Civ. Prac. & Rem. Code Ann. § 33.001), damages are apportioned based on each party’s percentage of fault. The comparative fault could have huge implications for your claim.

To better understand comparative negligence in Houston, it is useful to consider an example. Imagine that a driver is hurt in a crash in Houston. Another driver was distracted. In total, they suffered $100,000 in damages. Upon investigation, it was determined that the victim was partially at fault for the accident because they were speeding. They are found liable for 20 percent of their own motor vehicle accidents. 

In this case, the driver could still recover compensation for their damages under Texas state law. However, the amount they would be able to recover would be reduced by their percentage of fault. Since the driver was found to be 20 percent at fault, their compensation would be reduced by 20 percent, or $20,000. They would be eligible to recover $80,000 instead of $100,000. 

Every percentage point of blame matters—especially after a serious accident. You do not want to be blamed unfairly for your own accident, even for a small percentage of your own accident.

Being assigned unjust blame could take thousands of dollars from your settlement offer or trial verdict. A top-rated Houston auto accident attorney can investigate your crash, build a strong case, and protect you from unfair blame.

Following a car accident in Houston, you must be ready to take prompt action. You do not have unlimited time to initiate a personal injury claim for a motor vehicle accident. Under Texas law (Tex. Civ. Prac. & Rem. Code Ann § 16.003), car accident injury claims are subject to a two-year statute of limitations.

What happens if the deadline runs out? You may not be able to bring an auto accident claim at all. Be proactive. Consult with our experienced Houston, TX, auto accident team as soon as possible after your collision. 

Car crashes can happen for many different reasons. Every accident in Houston should be carefully and thoroughly investigated to determine exactly how and why it happened. While there are many reasons for accidents, they tend to share an important commonality: The crash could have been avoided with proper care. Some reasons why auto accidents happen in Houston include the following: 

• Distracted Driving: Distracted driving is now suspected to be Houston’s leading cause of motor vehicle accidents. In recent years, dangerous driving has sharply risen in Texas and throughout the United States. It occurs when a driver’s attention is diverted from the road and onto something else, such as their phone, the radio, or a passenger. Even a momentary lapse in attention can lead to a devastating accident.
• Intoxicated Driving: Drunk driving is a serious problem in Houston and throughout. In 2020, there were far too many alcohol-related crashes in the city. Statewide, nearly 1,000 people are killed, and many thousands more are seriously injured in DUI crashes yearly. One in four car accident deaths in Texas are directly related to alcohol. Driving under the influence of alcohol impairs a driver’s ability to make good decisions and react quickly to changing road conditions. Drugged driving is also a serious problem. 
• Speeding: Speeding is a common cause of motor vehicle accidents in Houston. When drivers exceed the speed limit or drive too fast for road conditions, they increase their risk of losing control of their vehicle and causing a crash. Speeding also reduces the amount of time drivers have to react to potential hazards. Further, accidents at a higher speed rate are more likely to lead to severe injuries or fatalities. 
• Reckless Driving: Reckless driving is another common cause of motor vehicle accidents in Houston. Some notable examples of reckless driving include weaving in and out of traffic, tailgating, and ignoring traffic signals. Reckless drivers put themselves and others at risk by failing to follow basic traffic laws and driving aggressively. 
• Fatigued Driving: Fatigued driving occurs when a driver operates a vehicle while excessively tired or drowsy. This can lead to slower reaction times, impaired judgment, and a higher likelihood of falling asleep at the wheel. Fatigued driving is a particular concern for commercial truck drivers who may be required to drive for long hours without taking adequate breaks.
• Improper Lane Changes: Improper lane changes occur when drivers fail to signal their intention to change lanes or do not check their blind spots before making a maneuver. This can lead to collisions with other vehicles or result in the driver losing control of their vehicle and crashing.
• Poor Weather Conditions: Houston is no stranger to inclement weather, which can increase the risk of motor vehicle accidents. Heavy rain, fog, and high winds can reduce visibility and make it harder for drivers to maintain control of their vehicles. Drivers should adjust their speed and driving behavior to match the prevailing weather conditions.
• Vehicle Malfunctions: Vehicle malfunctions can also cause motor vehicle accidents in Houston. Issues such as faulty brakes, tire blowouts, and engine failures can all lead to crashes. It is important for drivers to keep their vehicles in good working order and to have regular maintenance performed to prevent these kinds of issues.

Houston is a bustling city with millions of drivers on the roads every day. Unfortunately, with so many vehicles on the roads, car accidents are a near inevitability. Understanding the different types of car accidents that can occur in Houston can help drivers stay safe and avoid accidents.

Here are some of the most common types of car accidents in Houston that cause injured auto accident victims to hire us to include:

• Rear-End Collisions: Rear-end collisions happen when a vehicle strikes the back of another vehicle. Rear-end collisions are often caused by tailgating, distracted driving, or failure to brake in time. It is the most common type of multi-vehicle crash. 
• T-Bone Collisions: A serious crash, this type of accident happens when one vehicle hits the side of another vehicle, creating a “T” shape. T-bone accidents can be very dangerous, especially if the collision occurs at high speed.
• Sideswipe Collisions: These accidents happen when the side of one vehicle hits the side of another vehicle. Sideswipe accidents can be caused by various factors, including merging into another lane without checking blind spots, distracted driving, or drifting into another lane.
• Head-On Collisions: One of the most dangerous types of car wrecks, head-on crashes happen when two vehicles collide front-to-front. Head-on collisions are often the most serious type of car accident and can result in serious injuries or fatalities.
• Rollover Accidents: A rollover is another dangerous kind of accident. It occurs when a vehicle tips over onto its side or roof. Rollover accidents can be caused by various factors, including speeding, swerving, or overcorrecting while driving.

Every car crash injury requires professional medical care from a qualified physician. Immediate medical attention and proper ongoing care can put a person in the best position to recover from their injuries. Auto accident settlements are often based on medical care.

Some of the most common types of car crashes reported in Texas include the following: 

• Cuts and Bruises: Cuts and bruises are common in car accidents, especially if broken glass or debris is involved. While these injuries are usually minor, they can still cause pain and discomfort and may require medical attention to prevent infection. In some cases, a deep laceration could require stitches. 
• Whiplash: Whiplash is a common injury that occurs when the head and neck are suddenly jerked forward and then back, causing a strain on the muscles and ligaments in the neck. Symptoms can include pain, stiffness, and limited mobility. Whiplash and other soft tissue injury claims are notoriously complicated. A top Houston car accident attorney at Baumgartner Law Firm can help. 
• Ligament Damage: Ligament damage is a common type of injury that can occur in any part of the body due to a car accident. Ligaments are fibrous tissues that connect bones to one another and stabilize the joints. When the body is subjected to sudden and extreme forces during a car accident, ligaments can be stretched, torn, or sprained. This can result in symptoms such as pain, swelling, stiffness, and reduced mobility. Treatment for ligament damage can include rest, physical therapy, and in severe cases, surgery.
• Sprains and Strains: Sprains and strains are common injuries resulting from a car accident. These types of injuries typically affect the neck, back, and other body parts and are caused by sudden movements, such as whiplash. Symptoms of sprains and strains include pain, stiffness, and reduced range of motion. While some sprains and strains may heal independently with rest and time, others may require medical treatment such as physical therapy, pain management, and other techniques. In some cases, sprains and strains can have long-term effects such as chronic pain or reduced mobility. 
• Concussion: A concussion is a type of traumatic brain injury (TBI) that occurs when the brain is jostled inside the skull. Symptoms can include headache, dizziness, nausea, and confusion. In some cases, a concussion can have long-term effects on cognitive function. All head injuries require immediate medical attention. 
• Broken Bones: Broken bones are a common result of car accidents, especially in the arms, legs, and ribs. In severe cases, a broken bone may require repair surgery, resulting in long-term complications such as chronic pain or limited mobility.
• Spinal Cord Injuries: Spinal cord injuries occur when a direct impact or compression damages the spinal cord. These injuries can be life-changing and may result in paralysis, loss of sensation, or loss of bladder and bowel control.
• Internal Injuries: Internal injuries, such as organ damage or internal bleeding, can occur due to a car accident. These injuries may not be immediately apparent and may require medical attention to diagnose and treat.
• Psychological Injuries: Car accidents can also have psychological effects, such as anxiety, depression, and post-traumatic stress disorder (PTSD). These injuries may require counseling or other forms of mental health treatment.