Car Crashes
Houston drivers are involved in 40,000 to 70,000 car crashes each year. Long work commutes, high-speed freeways, distracted drivers and road rage all contribute making our community one of the most dangerous places in America to drive.
A car accident can be a frightening experience, and when it leaves you with serious injuries, the event can be life-altering. If you have been injured in a car crash, it is normal to feel confused, frightened, and overwhelmed. In times like these, you want the advice of experienced Houston, TX car accident lawyers like the Gustin Law Firm, PLLC.
What to Do After a Car Accident
The moments after a car accident can be disorienting. It might take you a few minutes to catch your breath and think clearly. The most beneficial mindset to have at the scene of a car is to be patient and maintain your calm. Doing or saying the wrong thing could hurt your chances of recovering money for your property damage and injuries.
After a car crash, you should:
- Check yourself and any passengers for injuries, and call 911 if needed
- If able, move yourself and your vehicle to a safe location (away from traffic)
- Call the authorities to report the accident
- Exchange information with any other driver(s) involved in the crash
- Do not apologize or admit any fault for the crash
- Take photos, videos and document anything you notice about the scene
- If police respond, ask them how to obtain a copy of the accident report
- Identify any potential eyewitnesses and get for their contact information
- Call your insurance company to report the accident
- Call a Gustin Law Firm car crash attorney to review your case
The best car accident lawyers in Houston, TX, understand that what you say and do in the moments immediately after a car crash can have an impact on your ability recover your damages in court. You should watch what you say and document as much as you can with photographs. By doing that, you can help yourself and your attorney.
Common Causes for Car Wrecks
Motor vehicle accidents can occur for a variety of reasons. An experienced car accident attorney knows that while the circumstances of every collision are different, there are some common causes for accidents that occur more often than others.
Common car crash causes include:
Distracted driving (especially cell phone use)
Poor weather or road conditions
Speeding
Fatigue
If you were involved in an accident, you may have reason to suspect distracted driving was to blame. If so, you should tell the officer who is writing the accident report. Distracted driving continues to be one of the most common reasons that a car crash happens. You should not have to pay for someone else’s inattention with your health or your livelihood!
Proving Negligence in a Houston Car Accident
The foundation of a successful personal injury lawsuit rests on negligence. Negligence simply means that someone failed to exercise the ordinary care required to make sure the risk of harm to others was minimized. For example, when on the road, drivers should pay attention to the road rather than their phones. When all drivers do this, the risk of harm to others is minimized.
In a Texas courts, a car crash lawyer is expected to prove various certain elements of the case. When an attorney can prove these elements, they will have satisfied the law’s requirements for proving negligence.
The required elements are:
- An expected duty, namely safe driving
- A breach of that duty (like running a stop sign)
- An injury that directly resulted from that breach of duty
- Actual harm (damages) that can be remedied by compensation
Proving negligence can be tricky, but it is of singular importance to a successful personal injury claim. A seasoned car crash attorney will be able to look at the facts of your case to determine whether they can establish negligence.
Compensation Available for Car Crash Victims
Under Texas law, a plaintiff can be awarded damages even if they are partially to blame for the accident that caused their injuries. This law, known as “modified” comparative negligence, or proportionate responsibility, allows an injured person to collect damages in proportion to their fault. For example, if an injured driver is found to be 10% responsible for the injury-causing accident, their award would be reduced by ten percent. However, if the injured driver is found to be 51% or more at fault for the crash, they will recovery nothing under Texas law!
A car crash lawyer can help their client recover damages to pay for:
- Accident-related medical expenses already incurred
- Accident-related medical expenses in the future
- Lost wages in the past
- Lost income or earning potential in the future
- Physical Pain
- Mental Anguish
- Loss of use/Loss of enjoyment
- Property damage, including towing, rental, storage
- Diminished value of the repaired vehicle
If you have been in a car accident that has left you with debilitating injuries, the car accident lawyers at Gustin Law Firm know that money cannot make your injuries disappear. But financial compensation can offer you the peace of mind that comes with knowing your needs and the needs of your family will be taken care of.
There can be many benefits to hiring an attorney to represent you in your car accident injury claim. Being able to talk with someone who has helped others in similar situations can reduce your stress. In addition to being able to provide you with advice about your next steps, there are several other benefits to consider when deciding whether to hire a car crash lawyer.
Unless you have legal training, you may not know all of the laws that apply to your situation. In addition, you may find the legal process to be confusing. Mistakes in the application of law or missteps in the process could result in you losing your case. Hiring a lawyer protects you from these mistakes.
Most car accident claims are settled in negotiations between the plaintiff’s lawyer and the defendant’s insurance company. For this reason, having an attorney who understands how to negotiate effectively to obtain maximum compensation for their clients is critical.
A personal injury lawyer has experience estimating fair and appropriate amounts of compensation for their clients. By considering the facts of your case, the extent of your injuries, and your lifestyle and family needs, an experienced lawyer can determine how much money to seek to make sure your financial expenses are covered.
A car accident lawyer will have access to investigative resources to help them gather evidence to build a strong case for you. Even though most cases don’t go to trial, building a solid case helps an attorney negotiate from a position of strength.
When an insurance adjuster can see that your attorney has an iron-clad case, they may be more motivated to settle for a higher amount of money and avoid taking the case to court.
As mentioned above, proving negligence can be difficult. But it is a critical part of a successful personal injury case. If you are unable to prove negligence on your own, your chance of recovering damages for your injuries is likely to disappear.
If negotiations do not result in a favorable settlement for you, it may be necessary for your car accident case to go to trial. If that’s the case, your claim will be resolved in a courtroom by a jury. Trying to represent yourself in such a setting is risky and often unwise. You are much better served by having strong, experienced legal representation in court.
If you are looking for a car wreck attorney in Houston, TX, you may wonder how to choose the best one for you. When trying to find a car accident attorney to represent you in your case, look for the following:
- Experience
- Integrity
- Winning track record
- Passion for their work
- Compassion for their clients
- Determination to win
- Availability to clients
- Straightforward and clear communication with you
A good relationship between you and your attorney is crucial. You will be in regular communication with them, so finding a lawyer you trust and get along well with is important.
The state of Texas provides a two-year window for injured victims to file a car accident claim. If someone died because of an accident, their family has two years from the date of their death to initiate legal action. If you wait until the window, or statute of limitations, passes, you will probably lose your right to seek legal compensation for your losses forever.
A Car Accident Attorney for Houston
At the Gustin Law Firm, we help Houston residents who have been injured in car accidents. We provide our clients with competent legal representation coupled with kindness and understanding.
If you have been injured in a Houston area car crash, call Gustin Law Firm today for a free consultant about your case!
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