Houston Car Accident Attorneys
Hand Your Car Accident Claim to Our Team
Are you already tired of the idea of filing a car accident claim but haven’t even started? You aren’t alone. Most people who have been in an accident dread the thought of dealing with auto insurance companies so much that they hesitate to even start a claim, even when they know that they were not the one who caused the crash.
If you need help filing a car accident claim after a wreck in Houston, then you can come to Robins Cloud LLP for all the guidance and support you need. We are a reputable law firm with the experience, resources, and talents needed to work on any car accident case, including those that go to litigation. When it comes to fighting for what is right for clients, nothing slows us down.
See what our Houston car accident attorneys can do for your claim. Call (855) 569-0041 now.
Texas Car Accident Laws
Texas is an at-fault car accident state. In an at-fault or "tort" system, the driver who is found to be at fault for causing the accident is responsible for covering the costs associated with the accident, including medical expenses, property damage, and other losses. Typically, the at-fault driver's insurance company is responsible for compensating the injured parties.
Here are the key elements you must prove to succeed in a car accident claim in Texas:
- Duty of Care: You must show that the at-fault party owed you a duty of care. In the context of a car accident, all drivers owe a duty of care to operate their vehicles in a safe and reasonable manner, following traffic laws and regulations.
- Breach of Duty: You must demonstrate that the at-fault party breached their duty of care. This means they failed to act as a reasonably prudent person would under the circumstances. This breach could include actions like speeding, running a red light, or other negligent behaviors.
- Causation: You need to establish a causal connection between the breach of duty and the accident. In other words, you must show that the at-fault party's actions directly led to the accident and your injuries.
- Damages: You must prove that you suffered actual damages as a result of the accident. These damages can include medical expenses, property damage, lost wages, pain and suffering, and other losses.
In an at-fault system, it's crucial to determine liability and establish who was responsible for the accident. This determination is important because it affects how compensation is distributed. Texas follows a modified comparative negligence system, which means that each party involved in an accident can be assigned a percentage of fault. If you are found partially at fault, your compensation will be reduced by your percentage of fault.
To support your claim, it's essential to gather and present evidence, which can include accident reports, witness statements, photographs of the accident scene and vehicle damage, medical records, and any other relevant documentation.
Common Causes of Car Accidents in Houston
Throughout our years of practice experience, we have represented clients who have been in all types of different car accidents. You can trust that we can work on your case, too, no matter the circumstances. Let us investigate your case to determine what the other driver did wrong and how we can prove that adds to their liability while subtracting from yours.
Three common causes of car accidents in Houston include:
- Drunk driving: Intoxicated drivers cause thousands of car accidents each year in Texas, including many that result in severe injuries or fatalities. If a driver has just one alcoholic beverage, then their ability to safely drive is removed. We can investigate to see if there are any signs that the other driver was intoxicated when they hit you, such as using police reports.
- Distracted driving: A distracted driver can be just as dangerous as an intoxicated one. Driving while distracted is essentially the same as driving with both eyes closed. When traveling at highway speeds, a driver who checks a text message for just five seconds will cross the length of a football field blindly.
- Speeding: Reckless driving is dangerous in all its forms. Speeding is one of the most common types of reckless driving that causes traffic collisions. Breaking the speed limit even slightly can dramatically increase the risk of an accident. Using evidence from the crash – like tire marks and the severity of damage to both vehicles – can help our attorneys prove that the other driver was speeding when they hit you.
- Reckless Driving: Reckless driving behaviors, such as aggressive driving, tailgating, weaving in and out of traffic, and ignoring traffic rules, can lead to accidents. These actions often contribute to road rage incidents and other dangerous situations.
- Fatigue: Fatigued driving can be as dangerous as drunk driving. Drowsy drivers have reduced alertness, impaired judgment, and slower reaction times, making them more likely to be involved in accidents.
- Weather Conditions: Adverse weather conditions, such as rain, snow, ice, and fog, can reduce visibility and road traction. Drivers who fail to adjust their speed and driving habits accordingly are at a higher risk of accidents.
- Running Red Lights and Stop Signs: Disregarding traffic signals and stop signs is a common cause of intersection-related accidents. These violations often result in high-impact collisions.
- Inexperienced Drivers: Inexperienced or novice drivers may lack the skills and judgment needed to navigate complex traffic situations, which can lead to accidents.
- Mechanical Failures: Vehicle malfunctions, such as brake failure, tire blowouts, and engine problems, can lead to accidents. Regular vehicle maintenance is important to prevent these issues.
- Poor Road Conditions: Potholes, debris, inadequate signage, and poorly designed roads can contribute to accidents. In some cases, government entities responsible for road maintenance may be held liable.
- Aggressive Drivers: Aggressive driving behaviors, such as tailgating, road rage, and aggressive passing, can lead to dangerous situations and accidents on the road.
- Poor Visibility: Reduced visibility due to factors like heavy rain, fog, or darkness can make it difficult for drivers to see other vehicles, road signs, and hazards.
- Inadequate Following Distance: Drivers who do not maintain a safe following distance from the vehicle in front of them are at risk of rear-end collisions, especially when the lead vehicle stops suddenly.
What to Do After a Car Accident
The strength of your car accident claim could depend on the thoroughness of the evidence you have at the ready. Typically, in the minutes that follow right after a crash, the most useful forms of evidence can be found. It is important to take a few steps after an accident, so you can get that evidence and we can use it while working on your case.
Five important steps to take after a car accident include:
- Call 911: If someone is injured or a vehicle is badly damaged, then you should call 911. Emergency responders can help control the situation, provide first aid, and record what happened. Later, we can access copies of the first responders’ reports to look for proof of liability that will help your case.
- Collect information: You need to get contact and insurance information from all other drivers involved in the crash. Without this information, you will struggle to file a claim against anyone.
- Take photographs: If you have a smartphone, use it after a car accident to start taking pictures and videos of the scene. Get pictures of both vehicles, injuries, traffic conditions, and even the weather. You can’t take too many photographs when building a case.
- Do not apologize: Try not to apologize to the other driver after a wreck. Talking too much after a crash to any party can be a bad idea. The words you use after a crash can be used against you later, so keep them limited.
- See a doctor: Go to urgent care after a car accident, even if you do not feel injured. A medical checkup can look for underlying injuries. The notes put in your medical record could also be instrumental to building your case later by showing what exactly caused your injuries.
What is a Car Accident Claim Worth?
The value of a car accident claim is always unique. Predicting the exact amount of compensation owed to you will be difficult at the beginning of the case. We cannot promise that you will receive one amount of compensation or another. What we can say is that when you hire our Houston car accident lawyers, we will do everything we can to maximize the value of your case. We do not like leaving even a dollar unclaimed when it should be in the hands of a client.
The value of your car accident claim will be based on various damages, such as:
- Past and future medical treatment costs
- Lost wages and reduced earning capacity
- Permanent disability costs and benefits
- Pain and suffering
You should also be paid for any compensation needed to repair or replace your vehicle. Technically, vehicle repair costs are pursued in a property damage claim, which is different from an injury claim. If your car was badly damaged in the crash, be sure to ask our law firm about how to pursue a property damage claim as well.
Let Our Attorneys Handle Your Case – Call Now
After a crash, dial (855) 569-0041 to connect with the Houston car accident attorneys of Robins Cloud LLP. We are here to take care of everything that goes into your case, so you don’t need to worry.
Our Houston car accident attorneys can help by:
- Investigating your accident
- Calculating your damages
- Demanding fair compensation
- Filing and pursuing a lawsuit
- Negotiating for a settlement
- And much more
Give yourself the chance to rest by handing your case to us. We will treat it like we were representing ourselves!
Schedule a complimentary, no-obligation case evaluation with our Houston car accident attorneys by calling (855) 569-0041 today!
Car Accident FAQ
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How long do I have to file a car accident claim in Texas?
You have two years after a car accident to file a claim against the driver who hit you. If you do not start a claim during this time, then you cannot file one later. Also, you need to tell our insurance company about the crash soon after, usually within the first 24 hours. -
Is driving away from a car accident illegal?
Leaving a car accident without exchanging contact and insurance information is unlawful in Texas. If someone has been seriously injured, then you should stay at the scene until the responding law enforcement officers allow it. If you were in a crash with a driver who fled the scene, then you should call the police at once and then an attorney who can help with a hit-and-run claim. -
Should you say sorry after a car accident?
Although you might want to apologize to the other driver, you should not. Saying “sorry” after a crash makes it sound like you are apologizing for doing something wrong. The other driver’s insurance company will take your words and turn them into an admission of guilt to hurt your liability. -
What happens if I am partially at fault for the car accident?
In Texas, you can still file a car accident claim if you are partially at fault for the crash. The state uses a modified form of comparative negligence with a 50% cap. Under this rule, your liability cannot exceed 50%, or else you can’t make a recovery against the other party. Also, any compensation you can pursue will be reduced by the same percentage as your liability.
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