Car Accident Attorney IN Houston, Texas
Car accidents are seldom straightforward. Between determining who is at fault and assessing injuries, it is crucial to protect yourself with experienced representation. At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, our lawyers will protect your best interests if you are injured in a collision due to a negligent or careless driver.
Injured By a Semi truck, big rig, or 18-wheeler? You Need a Houston Car Accident Lawyer.
Every day, millions of drivers use the roads and highways in Houston. With the sheer number of cars, trucks and motorcycles on the road, it’s hardly surprising that Houston is one of the most dangerous places in the country to be a road user. Truck accidents, in particular, can be incredibly traumatic and often leave victims with serious, life-altering injuries due to the sheer size and weight of commercial vehicles.
Commercial truck drivers are held to certain standards and must follow specific rules to ensure the safety of all road users. However, when these rules are not adhered to or negligence occurs, the consequences can be devastating.
While accidents are sometimes avoidable, due to the fact that all road users owe a duty of care to the other users of the road, it is often down to negligence. Negligent behavior occurs when someone who owes a duty of care, which is a legal obligation to act in a way that protects others from danger and harm, acts unreasonably. Unreasonable behavior is any behavior that is seen as different from how a reasonable individual would act.
When an accident occurs because of negligence, the victims of the accident may be entitled to pursue a car accident claim against the at-fault party. This is usually the case when the damages suffered exceed the limits of the other parties insurance. In the case of truck accidents, the commercial driver, their employer, or the trucking company may be held accountable.
Understanding your rights and fighting for fair treatment following an accident is what personal injury lawyers do, and here at Abraham Watkins, we have been fighting on behalf of clients in car accidents, truck accidents, and other personal injury cases for over 70 years. Our team is well-equipped to handle the unique challenges that come with representing victims of traumatic truck accidents and ensuring that they receive the compensation they deserve.
Abraham Watkins – Speak to a Car Accident Lawyer You Can Trust!
With over seven decades of experience under our belts, our attorneys fully understand the stress you are feeling and we know how anxiety provoking the claim process can seem. This is especially true when it comes to dealing with commercial truck accidents, as these cases can involve complex regulations and multiple parties. This is why we do everything we can, from the second you get in touch, to take the weight of your claim off your shoulders.
First, we work on a contingency fee basis, a structure that means there are no up-front costs to hiring us. We offer free initial consultations to clients, new and old, who need someone to discuss their case with. We will ask the important questions that need to be asked, which allows us to evaluate your case, including any specific concerns related to commercial trucks and the trucking industry.
The attorney-client relationship is important to us, and we aim to build a confidence-inspiring relationship from the second we meet. Our team has the knowledge and experience necessary to navigate the intricacies of car accident and commercial truck accident cases, ensuring that all responsible parties are held accountable. We promise to keep you informed and educated, and when you need a compassionate ear, we are here to listen and support you. Our goal is to help you secure the compensation you deserve, while making the process as stress-free as possible.
Insurance Companies Will Not Look Out for Your Best Interests; that’s why you need an HOuston Car Accident Lawyer.
Auto insurance companies are in the business of minimizing any payouts so they can maximize profits. As you lay injured in the hospital, an insurance company may deny your claim, forcing you to take time away from healing to appeal and negotiate your suffering.
At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, you are not a claim number to be filed away. Our personal injury lawyers will protect your rights so you can focus on your recovery. Here is how we can help.
- All personal injury claims come down to liability. Who is at fault for your car accident? Our car accident attorneys can investigate how your collision happened
- Our attorneys can also calculate the damages and injuries you are owed
- We will prepare and file your case, keeping you updated along the way
- Our lawyers have the resources to collect critical evidence and documentation regarding your crash
- The dedicated team at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner will then prove your injuries, negotiate with the car insurance company on your behalf, and fight for the settlement you deserve
- If the insurance company refuses a reasonable offer, our car accident lawyers can try the case for a final judgment.
Is hiring a Truck Accident Attorney Expensive?
Our attorneys invite you to come for a free case evaluation. Simply call 713-244-5477, and we will assess your accident.
Car accident victims without an attorney are subjected to numerous questions, often involving their role in the accident. The insurance adjuster’s goal is to minimize the liability of the at-fault party and any payout you are entitled to. If you claim some responsibility for the accident, they have succeeded.
Sometimes accident victims accept a very low insurance settlement because they are not mentally capable of handling their own claim due to the amount of pain and shock they are experiencing. Collisions with commercial trucks are traumatic. Insurance adjusters count on your willingness to close your case quickly.
Our accident attorneys have extensive experience negotiating car accident claims. Before you call the insurance company, contact us immediately. Do not risk getting a meager payout that may not cover most of your medical expenses. Let our skilled attorneys examine your case and secure the total compensation you are owed.
How Many People Do Car WRECKS Affect?
People are affected by careless and negligent drivers all over the United States. According to the National Highway Traffic Safety Administration, in 2020;
- 42,060 people died in motor vehicle crashes
- Car accident fatalities rose 4.6% in the first 9 months
- Vehicle miles traveled, however, dropped 14.5%
- 4,795,000 were reportedly injured in traffic accidents
- The NHTSA reports note it has seen the highest annual increase in fatalities in 96 years
Here in Texas, our roads have also produced worrying statistics. According to the Texas Department of Transportation;
- An estimated 3,726 people were killed in a car accident
- Another 14,937 people were seriously injured
- 403 people were killed as the result of a distracted driver
- 961 people were killed in car crashes that involved an intoxicated and impaired driver
It is important to note that there were no deathless days on Texas roadways. Every day when you go to work, take the kids to school, go grocery shopping, or stop by the bank, you are at risk of a negligent driver crashing into you and changing your life forever.
At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, we have helped many car accident victims since 1951. If you or someone you love has been injured in a car accident, call an experienced auto accident lawyer today. We have the skills and resources you need to handle your case. If you have lost a loved one due to someone’s careless driving, you may be entitled to compensation in a wrongful death claim.
Do You Need a Wrongful Death Attorney?
If you have lost someone close to you recently, the entire staff at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner offer our condolences. We have been there for many families in the Houston area, looking for answers. Losing a loved one suddenly and unexpectedly can be shocking. We know that no amount of money will make up for the loss you have experienced. A wrongful death claim can provide some compensation and closure in your time of need and ensure that the liable party is held responsible.
When a person passes suddenly, there are numerous affairs to put in order. The estate must be dealt with, including any debts the deceased owes. Funeral costs can be very taxing on their loved one’s bank accounts. Medical bills will start to add up quickly, along with many other unforeseen expenses. If your loved one was killed in a careless accident, our wrongful death attorneys can secure the compensation you and your family deserve to cover all your unforeseen bills. Contact us for a free consultation of your case by calling 713-244-5477.
Car Accident Guide – For Those at The Scene
If you have just been involved in a car accident, here is what you need to do.
Firstly, DO NOT APOLOGIZE OR SAY YOU ARE FINE.
This can be used against you and is an easy way to jeopardize your chances of a successful claim.
Check yourself for injuries
The most important thing after an accident, is to make sure you look after your own health and safety above all else. If you have just come around from the actual accident, take stock of your own body and check for any pain or stiffness.
If you feel any pain in your head neck or shoulders, or you know you hit your head, remain calm, and remain still until a paramedic can assess you. Do not let anyone move you unless you are in immediate danger.
If your injuries allow it, move to the side of the road, taking stock of what you can on the way.
Check your passengers for injuries
The most important thing after an accident is to make sure you look after your own health and safety above all else. If you have just come around from the actual accident, take stock of your own body and check for any pain or stiffness.
If you feel any pain in your head neck or shoulders, or you know you hit your head, remain calm, and remain still until a paramedic can assess you. Do not let anyone move you unless you are in immediate danger.
If your injuries allow it, move to the side of the road, taking stock of what you can on the way.
Move to safety
If the accident is minor, get to safety by moving to the side of the road. If your car is safe to drive and poses a hazard to other drivers, pull it to the side of the road and get off as far as possible.
If someone has not called 911 yet, make sure you do so immediately.
Call The Police/Ambulance
If anybody has suffered an injury, you must call for an ambulance, no matter how minor the injuries may seem. Sometimes people can suffer injuries that are hidden by the shock or adrenaline released by the accident. This can mask the symptoms until later on when they may be much more serious.
The police should also be called after all car accidents. They can handle the oncoming traffic, arrange for tow trucks if necessary and most importantly, they can handle the other driver. This is especially important if you suspect they were under the influence. The police will conduct a BAC blood alcohol test. If this comes back positive, the results can be extremely important in your case.
Both the police and any paramedics that attend the scene will file an accident report. This is an unbiased report that contains the facts of the accident scene and the injuries people have suffered. Both these reports can be obtained by your attorney and both can be used as evidence.
The ambulance team’s report in particular, can be really useful for proving causation, the third element of a negligence case.
Exchange Information With Other Driver and Witnesses
If the other driver has remained on the scene, ask them for their information, such as their name, email, insurance company, address and phone number.
If you were lucky enough to have eye-witnesses on the scene then do the same with them. If they are willing, ask them for a quick statement that you can either record or write down. When your attorney contacts them later on, they can simply agree the statement was the statement they gave.
Evidence is always crucial when it comes to proving your case and the more evidence from fresh on the scene that you can provide to your attorney, the stronger your case will be. If you have been rushed away from the scene of the accident in an ambulance, the sooner you contact an attorney, the sooner they can send someone in your place to the scene to collect evidence before the scene is cleared.
Taking photographs of the scene can be a great way to detail the evidence. A video with a voice statement over the top in your own words of what happened can be strong too. You could also sketch the road, drawing the cars and arrows for their directions of travel, labeling the cars “A,B,C” etc.
Make sure to document as much information as you can, including;
- Take pictures from different angles and make sure to show the damage on both cars
- Take a picture of the other vehicle’s license plate
- Talk to witnesses and get their full contact information
When the police arrive, make sure to give as many details as possible. Also, make sure you ask for a copy of the report for your records. Getting the officers’ names and badge numbers can also help when filing a claim. Make sure the investigating officers speak with the witnesses.
Seek Medical Attention
In more minor cases, the ambulance team and paramedics may not need to administer any treatment at the scene. If this is the case we recommend that you head immediately to the emergency room or your doctors for a check-over.
When you need to prove causation, medical records that show you were injured on the day of your accident can help your attorney.
Contact an attorney before you contact the insurance company
Do not speak to the insurance company before speaking to an attorney. After an accident, you may find yourself inundated with callers, including both the other driver’s insurance company and your own. Before you provide any information, contact a lawyer in Houston to ensure that your rights are protected throughout the process. Your lawyer can help you gather evidence, such as witness statements, medical reports, and photos of the scene, to prove that you were not at fault. They can also provide guidance on negotiating a settlement if necessary.
Call Abraham Watkins
There is no better time than the present to call your attorney. The sooner they are involved, the sooner they can employ their network of resources to your case. They may send investigators to the scene, contact car crash experts who can reconstruct the accident and may contact medical experts who can begin the task of calculating your medical damages.
Car Accident Laws
It is important to remember that if you have been involved in a car accident in Texas, and there was property damage or injuries, you are legally obligated to stay on the scene until information has been exchanged.
If the accident occurred because of the other party’s negligence, you will then gain the right to file a car accident insurance claim against the other party. Their insurance company will be responsible for covering your damages and if your damages exceed their coverage, you will need to pursue a more serious claim with the help of a personal injury attorney.
If the other party was truly responsible for your injuries and the accident, then you stand a strong chance of resulting in a settlement outside of court. There are a lot of factors that may be included in the settlement figure, such as:
- How much your medical bills are.
- How severe your injuries are.
- Whether you will require long-term treatment or lifelong treatment.
- How much income you have lost or stand to lose.
- Your loss of enjoyment of life.
- Your development of mental illnesses, such as anxiety, phobias of driving, PTSD etc.
What is the Average Settlement?
Every car accident is unique; therefore, the average settlement will depend on many varying factors. Critical evidence to support your auto accident claim will depend on how well you documented the accident, were there any witnesses, and were there any cameras?
In the United States, the average payout for a car accident can be between $14,000 and $28,000. There are also other non-economic damages to consider, like pain and suffering damages, physical impairments, and disfigurement.
What Are Pain and Suffering Damages?
Pain and suffering damages can be challenging to assess. While “pain” refers to your injuries after a car accident, “suffering” is used to show the mental harm that results from the accident. For example, your accident may have caused depression, post-traumatic stress, and anxiety. If your injuries were severe, you might have to cope with losing a limb, having a traumatic brain injury, or other limitations.
The pain, both mentally and physically, could be temporary or chronic. They may affect your life a little or be completely life-altering. These varying degrees will create the base for how much your pain and suffering are worth.
Proving pain and suffering damages can be difficult. Medical documentation is a great way to verify the physical damage; however, emotional damage can be challenging. One of the most effective ways to demonstrate your psychological pain is by keeping a daily log. Did you miss any activities with your children today? Were you able to help as you normally do around the house? How was your pain on a scale of 1-10?
Other factors contribute to the amount of pain and suffering damages;
- The car accident victim’s age
- The car accident victim’s condition prior to the accident
- What was the extent of the injuries?
- What is the duration of recovery?
- Is there permanent damage?
- Are there day-to-day activities that they cannot participate in?
- Can the auto accident victim spend quality time with family and friends?
If you were injured in an accident, it’s crucial that you get in contact with an experienced auto accident attorney who can gather evidence and build a strong case for you.
Factors That Make a Claim Strong
When your attorney arranges the initial sit-down meeting with you, they will ask certain questions that allow them to evaluate the strength of your case. This is because your attorney will want to make sure that your case truly is valid if they are going to take it on for no upfront cost.
Certain things that make your case stronger include:
Severe Injuries or Death
If you or a loved one have suffered serious life-changing injuries or your loved one has been killed in a car accident, the case becomes much more serious. In these situations, your attorney will want to wait for the true scope of your medical injuries to become apparent before accepting any settlement offers.
There Is Strong Evidence
If you managed to collect some good pictures or videos of the scene or your attorney has found CCTV footage that shows the negligent driver’s actions, your case will be much stronger.
Good eyewitnesses that are willing to give a statement and confirm their statement are also useful, as are BAC results from the police if the driver was drunk.
Because Texas follows a modified comparative negligence doctrine, if you have been involved in a car accident in Houston, and the fault was more than 50% yours, you are not entitled to bring a claim against the other party.
You are entitled to bring a claim against another individual as long as you were not more than 49% at fault.
If it is found that you are 10% fault, for example, you are entitled to bring a claim but your damages and compensation will usually be reduced by 10%.
Cases where the fault was 100% the other parties are stronger because of the clear liability. There will be no discussions about what percentage of fault lies with each party.
You Received Immediate Medical Treatment on The Scene, or Immediately Afterwards
Your case will always be stronger when you have received immediate medical attention or sought it out. If it is shown that you did not seek medical attention until several days after the accident, the other party may want to know why you delayed your treatment.
Immediate medical attention helps when it comes to proving causation and delaying your treatment can create doubt. The other party may even try to claim that the accident was not the true caused of your injuries if you delay in seeking medical attention.
How Much is My Houston Car Accident Claim Worth?
The first question that victims usually have for us when they get in touch with our law firm is “How much will I receive for my car accident settlement?”
Unfortunately, there is no average value for a car accident settlement. Each case will be unique, with different levels of damages and the circumstances that led to the accident will be different.
Your attorney will not be able to tell you what your case is worth until they have calculated your damages.
Calculating Your Damages
Working out what damages you have suffered is how your attorney will place a value on your claim. These calculations will allow them to negotiate a settlement that genuinely represents your losses and pain and suffering.
The more experience your car accident lawyer has, and the more successful cases they have under their belts, the better they will be at this task. This is why we recommend choosing a law firm like ours, that has over seven decades of experience and countless victories.
Calculating the total amount of your losses can prove challenging, as many people don’t know their full rights when it comes to compensation. You need the help of a skilled car accident law firm to ensure you request and receive the full amount you need to cover your past and future losses.
Economic Damages vs. Non-Economic Damages
It is worth understanding that there are two different types of damages that you will likely suffer following a car accident. The first is your economic damages. These damages are the ones that are going to have a physical cost attached to them that needs to be recovered.
Economic damages are more straightforward and are usually easy to evidence.
America is the most expensive country in the world for health care. In fact, we top the list at $12,000 dollars per person, which makes us $5,000 more expensive than the second country on the list, Germany.
Following a car accident, you will likely have injuries that need to be treated and you will likely need further medical treatment and medication to help you recover. You may also need physical therapy and painkillers.
An ambulance alone can cost over $900 dollars and a visit to the emergency room can start at $500 dollars, ranging up to $30,000.
If your injuries are more serious and you are going to have to spend time in an ICU unit, or you are going to require long-term medical treatment and adaption to the home, you are looking at astronomical medical expenses to find.
Fortunately, in a successful claim, you will be able to recover all of your medical expenses, past and future. This is one of the reasons why your attorney will want to speak to medical experts who can help advise them on what your future costs could look like. This means that you can pursue a figure that ensures you will not be left out of pocket in the long run.
Lost Wages/Earning Capacity
Another important economic damage to consider is the lost wages and earning capacity you have suffered. Serious injuries mean time off work and extremely serious injuries may mean that you can no longer work in the same capacity.
If you cannot return to your old job, your attorney may need to talk to financial experts who can help them work out what a lifetime of lost earning capacity looks like in terms of your compensation.
The term non-economic damages cover all of the losses you have suffered that are subjective. These damages are harder to work out, as there are no clear pricetags attached and it will be down to your attorney to work out what they consider your non-economic damages to be worth in their professional opinion.
Your non-economic damages are usually the most substantial, and include emotional suffering, mental anguish, pain and suffering in the past and future, and permanent disfigurement:
Pain and Suffering Damages
Pain and suffering damages are designed to compensate victims for what they have been through. This includes the pain they have suffered or will suffer if their pain is likely to continue into the future. It also includes the mental and emotional trauma and distress that the victim has been put through because of the accident.
Car accidents are scary and traumatic and can leave a victim with mental as well as physical scars. The victim should be compensated for this.
Loss of Enjoyment of Life
Another non-economic damage that should be considered by your Houston car accident attorney, is the loss of enjoyment of life that a party has suffered because of the accident. Loss of enjoyment of life compensation should compensate the victim if they can no longer enjoy their life to the same capacity as they did before the accident.
An example of this would be a car accident where the victim has suffered spinal damage and can no longer carry heavy objects. If they had a young daughter they carried to bed every night before the accident, but can no longer do this, then this would be an example of loss of enjoyment.
How Much Can an Accident Cost You?
In the United States, soaring medical costs have driven up insurance settlement claims. If you have been hurt in a car accident, the medical expenses can be staggering. Medical debt is one of the leading causes of Americans filing bankruptcy. Without the right attorney, these costs may not be covered;
- $1,000 for an ambulance to take you from the scene to the nearest emergency room
- The emergency room itself can cost upwards of $20,000
- Hospital stays while you recover are widely expensive. Each night may cost you $2,750 or more
- If your injuries require surgery, you could be on the hook for tens of thousands of dollars
- While recovering, if you need physical therapy, occupational therapy, or home care, you could owe thousands more.
Having skillful representation is the safest way to protect yourself and ensure all your medical expenses are secured. Call a car accident lawyer in Houston, TX, now.
The Claim Process
The claim process usually begins by making a claim against the other party and their insurance company. Your attorney will have calculated your damages and will have sent a settlement offer to them.
At this point, the other party may have already tried to offer a settlement, but this is usually a lowball offer. This is a good sign that they know they are liable. They will have worked out what they stand to lose and will have offered you a figure that is much lower in the hopes that you accept. Once you do so, you forgo the right to pursue more in the future and they know this but hope you do not.
Dealing with Adjusters
Insurance companies will usually get their adjusters to call you. They may seem friendly and on your side, and they may try to get you to agree to let them record your call. Remember though, that they are not on your side, they are trying to reduce their payout. Refuse to let them record your call and ask them to liaise with your attorney going forward from this point.
They have no legal right to a recorded statement until your case has entered litigation.
Reviewing Settlement Offers
We recommend that you seek the opinion of an experienced car accident lawyer before accepting any settlement offers from the insurance company. Sometimes victims get caught up and accept a settlement that seems attractive. They then go on to regret the decision when the true scope of their damages becomes clear. In the worst cases, the settlement does not even cover the victim’s medical expenses.
In the majority of cases, your attorney will have a settlement figure in mind, and after the other party has sent their offer, the negotiations will begin, using their offer as the lower bar.
Often, when it comes to settlement negotiations, the experience and reputation of your attorney can play a huge role. The other party will be more likely to play ball and work with your attorney if they are a skilled, trial-tested attorney with victories under their belt. They know that they will likely lose when it comes to litigation and will want to work on a fair and reasonable settlement.
It is always important that you make sure that your attorney is equally skilled in litigation as they are in the negotiation of settlements. This ensures that they are prepared for what happens if negotiation of a settlement cannot be reached.
If the other party is not willing to make a settlement offer that you are happy with then your attorney will need to escalate the case, filing a car accident lawsuit against the other party.
They will then be expected to prove the four elements of negligence:
Four Elements of Negligence in Texas
In Texas, a personal injury case based on negligence requires the plaintiff to prove four key elements: duty, breach, causation, and damages.
First, duty refers to the legal obligation owed by the defendant to the victim. This means that the defendant had a responsibility to act with reasonable care to avoid causing harm to others. For example, a driver has a duty to operate their vehicle safely and follow traffic laws.
Second, breach refers to the defendant’s failure to fulfill their duty of care. In other words, the defendant did something or failed to do something that a reasonable person in their position would have done to avoid causing harm to others. For instance, a driver who runs a red light has breached their duty of care.
Third, causation means that the defendant’s breach of duty was the direct cause of the victims injuries. In other words, the victim must prove that they would not have been injured if the defendant had acted with reasonable care. For example, if a driver runs a red light and collides with another car, causing the other driver to suffer injuries, the driver’s breach of duty caused the injuries.
Finally, damages refer to the harm suffered by the victim as a result of the defendant’s negligence. This can include physical injuries, emotional distress, property damage, and other losses. The plaintiff must prove that they suffered actual damages as a result of the defendant’s negligence. For example, if a driver is injured in a car accident caused by another driver’s negligence, they may seek compensation for their medical expenses, lost wages, and pain and suffering.
We Can Help You File a Houston Car Accident Lawsuit
While many car accident claims settle during the insurance process, some insurance companies simply refuse to make the right offer. This is especially true in cases involving particularly catastrophic injuries and long-term disabilities.
We will never push you to accept an offer that won’t cover all of your losses. Instead, we will play hardball with the insurance company by filing a personal injury lawsuit.
Most people have never filed a lawsuit or had involvement with the civil court system before. They may not understand the claims process and what it entails. Because of this, it’s understandable to be intimidated or nervous about filing a lawsuit. Going to court can seem daunting, and many people fear they will have to take the witness stand and testify in open court and in front of the person who hurt them.
With the right legal representation, a car crash lawsuit is nothing to fear. Our Houston car accident lawyers will explain each and every aspect of the legal process to you and will handle all steps of the personal injury litigation.
What Are the Most Common Types of truck and Car Crashes?
Houston sees numerous car accidents every day. When you have representation from Abraham Watkins, our car accident attorneys will talk to witnesses, read the police reports, and find the critical evidence you need to establish liability.
Some of the more common car accidents in Houston involve;
- Driving under the influence. This can lead to criminal as well as civil charges.
- Distracted Driving. With the coming of the smartphone and apps, distracted driving has become an increasing threat on Houston roads
- Speeding. Officials have noted the steep increase in fatalities in the last reporting year may be due to excessive speeding
- Head-on collisions. Most head-on collisions are caused by an impaired driver.
- Hazardous roads: The lack of infrastructure or updated infrastructure can wreak havoc on Houston’s streets
- Defective motor vehicles
- Big-rigs, semi-trucks, and commercial trucks
If you or someone you love has been injured in a collision, you need a Houston car accident lawyer today. At Abraham Watkins, our highly knowledgeable team can handle an array of motor vehicle accidents. Call our team today by dialing 713-244-5477.
A catastrophic injury in a car accident case refers to a severe injury that causes permanent disability or long-term impairment. These types of injuries often have a significant impact on a person’s life, including their ability to work, their quality of life, and their financial well-being.
Examples of catastrophic injuries in car accident cases can include traumatic brain injuries, spinal cord injuries resulting in paralysis, severe burns, loss of limb, and other injuries that cause permanent disability or disfigurement.
Because catastrophic injuries often require extensive medical treatment, ongoing care, and long-term rehabilitation, they can result in significant medical expenses and lost income for the injured person and their family. In a car accident case, the injured person may be entitled to compensation for their medical expenses, lost wages, and pain and suffering resulting from the catastrophic injury.
It is essential to work with an experienced personal injury attorney who can help navigate the complex legal process of a catastrophic injury case, and ensure that the injured person receives the maximum compensation to which they are entitled.
Commercial Trucking Accidents
Commercial trucking accidents involve collisions between large commercial vehicles, such as tractor-trailers, semi-trucks, 18-wheelers, or other heavy freight carriers, and smaller vehicles, pedestrians, or property. These accidents are often more serious and have more severe consequences than regular car accidents due to several factors.
One of the primary reasons is the size and weight of commercial trucks. They are significantly larger and heavier than passenger vehicles, with a fully loaded truck weighing up to 80,000 pounds while a typical passenger car weighs around 3,000-4,000 pounds. This vast difference in size and weight means that the force and impact of a collision can cause catastrophic damage and severe injuries to those involved, especially occupants of smaller vehicles.
Another factor is the longer stopping distance required by commercial trucks. Due to their size and weight, these trucks need a longer distance to come to a complete stop, making it challenging for truck drivers to avoid accidents in certain situations, such as sudden traffic stops or obstacles on the road.
Large commercial trucks also have significant blind spots, known as “no-zones,” which can make it difficult for truck drivers to see other vehicles, pedestrians, or cyclists around them. This can lead to accidents if the driver is not aware of the presence of other road users.
Driver fatigue is another concern, as commercial truck drivers often work long hours and cover vast distances. Fatigued driving can result in slower reaction times, impaired judgment, and an increased risk of accidents.
Commercial trucking companies and drivers are subject to complex regulations, which, when not properly followed, can contribute to the severity of accidents. These regulations aim to ensure the safety of all road users, but violations can lead to dangerous situations and increased risks for everyone involved.
Houston’s Worst Car Crash Areas
Intersections are often the worst locations in terms of car crash statistics and according to Click2Houstons, the most dangerous intersections are:
- Main Street at South Loop.
- Beechnut Street at Sam Houston Parkway.
- Westpark Tollway at Sam Houston Parkway.
- Hardy Road at Sam Houston Parkway.
- Sam Houston Parkway at Westheimer Road.
- Beltway 8 at I-45 North.
- 610 East at I-10.
- Bammel Road at Sam Houston Parkway.
- I-45 at Sam Houston Parkway.
- Greens Road at I-45.
- NASA Parkway and I-45.
- Bissonnet Street at West Sam Houston Parkway.
What Are the Common Injuries Associated with Car Accidents?
Car crashes can be devastating. Major car accidents often cause catastrophic injuries that can result in death, permanent disability, or disfigurement. Some common injuries from car accidents include;
- Traumatic Brain Injuries
- Spinal cord injuries
- Back injuries
- Internal organ damage or bleeding
- Broken bones, fractures, and dislocations
- Limb loss and amputation
- Neck injuries
- Disfiguring facial injuries and scars
- Crush injuries
If you or someone you know has sustained injuries in a car accident due to someone’s negligence, you need a car wreck attorney in Houston. Our experienced attorneys have successfully represented Texans in a wide range of personal injury cases. Call today and let us secure the compensation you deserve.
What Are Delayed Injuries?
During a crash, adrenalin floods the body and can make it more difficult for you to assess the damage. Injuries from a major car accident will send you swiftly to the nearest emergency room. Even minor auto accidents can cause lacerations or whiplash. However, in some cases, car accident injuries can be delayed.
Delayed injuries can begin to affect a car accident victim hours, days, or even weeks after the collision. They can range from minor injuries to major problems. Delayed injuries can substantially increase the cost of a car accident for the victim. If you have been injured in a Houston car accident, some of the most common car accident injuries include;
One of the worst injuries to ignore is a headache after a car crash. Often, it takes several days for a headache to present itself. Many people brush off the pain with medication, but a headache could be a sign of major head trauma. There is potential for a blood clot on the brain to develop or a severe concussion.
Shoulder and Neck Pain
Otherwise known as “whiplash.” Whiplash is a tricky personal injury. It usually takes days to develop. Unfortunately, it requires more testing to be properly diagnosed, with an x-ray, CT scan, or MRI.
Back pain can be debilitating. Many times, back pain is the result of damage to the ligaments, muscles, or vertebrae by way of sprains, strains, and herniated discs.
Abdominal pain several days after an accident can signal something life-threatening, like internal bleeding or organ damage. Other symptoms may be deep bruising, dizziness, fainting, and lightheadedness.
Numbness and Tingling
When the neck or spinal column is injured, your arms and legs may start to tingle or have numb spots. This is often the sign of a herniated disk pressing on the spinal nerve.
Houston Car Accident Frequently Asked Questions
If you have been involved in a car accident in Houston, you likely have a number of questions that you need answered. After our many years of service to the state of Texas, we have heard them all.
Here are the most commonly asked questions.
What if I am partly to blame for the Houston car accident?
Because of the fact that Texas works under a modified comparative negligence doctrine, you are still entitled to bring a claim as long as you were not more than 49% at fault for the accident, however, your compensation will be reduced by the amount you were at fault.
Who pays the deductible in a car accident?
When an accident occurs, the insurance company of the at-fault driver for the accident typically pays out any claims. Generally, this means that if you are not at fault for an accident, the other driver’s insurance company will pay the costs associated with the accident, including your deductible. If you are found to be at fault, then your own insurance company will pay out the claim and will typically require that you pay your deductible. Additionally, if both drivers are found to be equally at fault, each person’s insurer may pay a portion of the claim, and each driver may be responsible for paying their own deductible.
Should I hire a lawyer for a minor car accident?
Yes, it is generally a good idea to consult an experienced car accident attorney after any accident, even if the damage appears minor. A lawyer can help protect your rights and ensure that you are receiving the appropriate compensation for any damages suffered as a result of the accident. Additionally, a lawyer can help you understand your legal rights and obligations in regard to the accident and can provide guidance on any potential consequences or liabilities that may arise from the incident.
How long do I have to report a car accident in Texas?
In Texas, you are required to report any car accident that results in personal injury, death, or property damage of over $1,000. You must make a crash report within 10 days of the accident either online or by phone with your local law enforcement agency. If you fail to do so, you may face fines and other penalties. If you are unsure of how to proceed, contact a professional attorney specializing in car accident cases. They will be able to provide the necessary guidance and assistance.
How long do I have to file a car accident lawsuit in Texas?
According to Texas Law, you have two years from the date of the accident to file a personal injury lawsuit. In certain cases, you may be able to extend this timeframe, but it is best to consult an experienced lawyer specializing in car accident cases as soon as possible so that your case can be evaluated and any potential claims pursued in a timely manner.
Can I sue if I was a passenger in a car accident?
Yes, you may be able to sue if you were a passenger in a car accident. Depending on the circumstances and who is at fault for the accident, you may have a valid claim for damages. If the driver of your vehicle was at fault, you can sue them for negligence. Additionally, if another party caused the accident then you may also have grounds to sue them. It is important to contact a lawyer that specializes in car accident cases to explore your options and determine if you have a valid claim for damages. They can provide advice on the best course of action and help you get the compensation you deserve. It is important to act quickly, as there may be time limits on filing a claim. Your lawyer will be able to provide more information on the specific laws and regulations that apply to your situation.
Do I Need a Houston Car Accident Lawyer?
There are no laws that stop you from pursuing a claim by yourself and every single year, people do try to do so. However, it is rarely a smart idea and it is rare that victims walk away with a victory. If they do, their compensation or settlement will likely be lower than what they would have won with skilled legal representation.
While you are dealing with your injuries and the emotional trauma that you are going through, you don’t want the additional stress of fighting your own legal battle. The other party will have legal representation and the insurance companies usually hire the most skilled and aggressive legal teams they can. They won’t let you rest, and once they find out you don’t have legal representation, they may take advantage of your lack of legal training and knowledge.
Can I Afford The Fees
Every single year, people forgo the chance to pursue their claims with skilled legal representation behind them. They may do this because they are worried about legal fees if they lose.
At Abraham Watkins, we believe that all accident victims deserve the opportunity to pursue compensation and the recovery of their damages following an accident caused by somebody else’s negligence.
This is why we work on a contingency fee basis. This style of work means that victims do not have to pay up-front for representation. We will evaluate your case for free, and if we think it is worth taking on, we will do so for no up-front fees. We also don’t charge if we lose your case. This means you can never be left out of pocket.
If we win your case in court, or negotiate a settlement with the other party, we simply take a flat percentage of it. We will discuss this percentage in your free consultation. If you don’t agree with our terms, you can walk away, there are no strings attached. We are simply happy that you will do so with a better understanding of your legal options.
Should I accept a settlement offer?
In general, we recommend that you refuse the first settlement offer. It will almost always be a low ball offer designed to trick you into accepting a settlement much lower than you are entitled too.
Every offer after the first has been refused should be discussed with your attorney. Sometimes the figure is an acceptable one and your attorney will advise you to take it. Most of the time, there will need to be negotiations between your attorney and the opposition before the settlement is truly representative of your damages and fair and reasonable.
How long do I have to file a car accident lawsuit for injuries or property damage?
In the state of Texas, the statute of limitations, which places a time limit on people to make a claim following a car accident or other personal injury, is 2 years.
This means you have two years from the date of the accident to make a claim. In wrongful death cases you have two years from the date of the death of the victim, not the accident.
We recommend that you do not wait this long and in almost all cases, the sooner you can involve your attorney the better.
Is my case valid?
One of the most commonly asked questions, and unfortunately, not one that can be answered here. Your best option is to contact an attorney and make use of the free initial case evaluation.
An attorney will evaluate the circumstances of the accident, including who was at fault, the extent of the injuries, and the amount of damages suffered, to determine whether your case is a valid case.
What damages can I recover in a car accident case?
Car accident victims may be entitled to compensation for various damages, including medical expenses, lost wages, pain and suffering, and property damage. An attorney can help identify which damages the injured victim may be able to recover in their case.
How long will it take to resolve my case?
The time it takes for your case to be resolved will depend upon the severity of your injuries, the skill of the legal representation on each side and the liability. The reputation of your attorney may also play a huge role in the time that your case takes to complete as many insurance companies would rather settle than fight a fierce litigator in court.
When to Contact Your Houston Car Accident Attorneys?
The quick answer to this question is that the sooner you get in touch with your attorney after the accident, the better.
If you are concerned about whether or not you should contact your attorneys, we recommend giving us a call. The call will be free and we can at least advise you on your options and offer some free legal advice.
You should always contact an attorney when:
Somebody has Been Killed or Injured
If you or a loved one has suffered injuries because of a car accident that was caused by somebody else, you should always contact an attorney after you have prioritized your injuries and medical treatment. Call an ambulance before you call an attorney if there are any injuries.
The Police are Involved
If the police have been involved, which they should after a car wreck where someone has been injured, speaking to an attorney can help when it comes to pursuing accident reports or their test results, if they tested a driver who may or may not have been over the limit or under the influence of drugs.
The police may have also issued a citation for speeding, running a red light or reckless driving and these citations can prove that the other party acted unreasonably, which helps your attorney prove they acted negligently and are liable for your damages.
Insurance Companies are Involved
Insurance companies are driven by profit and unfortunately, this includes your own insurance company. While some are better than others, you should proceed under the assumption that they are not looking out for your best interests.
Pursuing your medical bills and the recovery of your damages from either your insurance company or another will mean that you will be up against their legal team. They will be working to discredit your claim or reduce their payout.
For the best chances of fair treatment, you should obtain legal representation from a skilled attorney who can take over the liaising with the insurance companies on your behalf.
Why Choose Abraham, Watkins, Nichols, Agosto, Aziz & Stogner as Your Auto Accident Attorney?
At Abraham, Watkins, Nichols, Agosto, Aziz & Stogner, our exceptional team of personal injury attorneys understands that the success of a personal injury claim rests on the skills and resources of the firm. With over 70 years of experience, Abraham Watkins has cultivated a reputation of excellence as the top personal injury law firm in Houston, TX. Our team will handle your car accident claim with precision and attention to detail. We firmly believe in client responsiveness and will help guide you through the process of filing a Houston car accident claim step by step.
If you or someone you know has been injured in a car accident in Houston due to carelessness or negligence, please call us for legal representation. Abraham, Watkins, Nichols, Agosto, Aziz & Stogner will fight to recover the damages to which you are entitled, including;
- Complete coverage of medical expenses, both present, and future
- Lost wages if you are unable to work
- Lost economic earning potential
- Pain and suffering damages and all other non-economic damages
- Possible punitive damages against a grossly negligent party
Car Accident Resources
Other Practice Areas We Cover
There are multiple forms of automobile accidents besides car accidents. Each car accident attorney that works on the team here at Abraham Watkins also has experience in the following accident types:
Motorcycle Accident in Houston
Due to the fact that motorcycle riders have a lowered level of protection and are more likely to be missed by car and truck drivers, motor vehicle accidents involving motorcycles often involve more serious injuries and have a higher chance of fatality.
Wrongful Death Accident in Houston
If you have lost a loved one in a car accident, motorcycle accident or truck accident, then you may need to file a wrongful death claim. These cases allow for the victim’s family to recover financial compensation for their loss. While no financial compensation will bring the dead back, it can cover funeral costs and provide financial security to the family of the loved one.
Bicycle Accident in Houston
Similar to motorcycle riders, bicyclists have lowered levels of protection and are more likely to be seriously injured if involved in an accident.
18-Wheeler Accident in Houston
Commercial truck drivers are held to a high standard in Texas. There are numerous additional rules and regulations for a commercial truck driver to follow. This is because an 18-wheeler could weigh 50x that of a normal car, and when they crash, the damage can be extremely serious.
Commercial trucking accident cases are complex because liability can lie with multiple parties, including the truck driver, their employer, the manufacturer of the parts used on the truck and the mechanic who maintains the truck.
If you have been involved in a truck accident, you should try to take photos of the tractor-trailer and any DOT number listed.
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