Car Accident Lawyers in Houston TX

If you were hurt in a collision, don’t wait to get in touch with an expert car accident attorney in Houston. Our personal injury law firm includes a team of automobile accident attorneys who have decades of experience representing clients residing in Harris County. These attorneys focus their practice on personal injury cases. We are able to assist you in submitting your legal claim, investigating it, and negotiating a potential settlement for it.

We recommend talking to no one about your case until you’ve had a free case evaluation with one of our Houston personal injury lawyers. We work on contingency, so you owe us nothing unless we win your Houston car accident case! In the meantime, we can arrange for you to get the medical treatment you need. So contact us today to get started.

When should I talk to a Houston Car Accident Lawyer?

The best time to consult with a Houston car accident lawyer is immediately after your car accident, especially if you require medical treatment. Time is crucial in starting the legal process, and delays could affect your chances of recovering maximum compensation.

We recommend talking to no one about your case until you’ve had a free case evaluation with one of our Houston personal injury lawyers. We work on contingency, so you owe us nothing unless we win your Houston car accident case! In the meantime, we can arrange for you to get the medical treatment you need. So contact us today to get started.

By contacting us for a free case evaluation, you can take the first step towards securing the assistance you need without any financial obligations unless we successfully resolve your case. Reach out to us today.

About Our Experienced Houston Car Accident Attorneys

Our staff at the Law Office of Domingo Garcia has more than three decades of experience processing personal injury cases for victims of accidents in Houston and all over the state of Texas. As part of this commitment, we will assist accident survivors and their families in securing the highest possible compensation for the damages they have sustained.

Our Houston auto accident attorneys demand that insurance companies be held accountable for their responsibilities, and we will fight to ensure that those responsible for the accident are brought to justice. Our group is aware of the impact that a personal injury may have, not only physically but also emotionally and financially, on a victim and their loved ones.

Because of this, we give our clients with legal assistance that is both sensitive and individualized throughout the entirety of the legal process. We are committed to achieving the best possible outcome for our clients and will strive to have a positive impact on their lives during this difficult period.

Domingo Garcia’s Successful Track Record

Personal injury attorney Domingo Garcia has a successful track record representing accident victims for more than 35 years. With a passion for justice and an unwavering commitment to his clients, Domingo has obtained significant verdicts and settlements on behalf of his clients.

For example, one of Domingo’s first legal victories happened in 1995 when a jury awarded his client, a Houston TX car accident survivor, $1,100,000 for his injuries.

Since then, Domingo has continued to build upon his reputation as a fierce client advocate, securing millions in compensation for individuals who have suffered injuries due to the negligence of others.

What To Do After a Houston Car Accident

After a crash, see a doctor as soon as possible to rule out unseen injuries and to protect potential insurance settlements or court awards. Here are additional steps to take following a car wreck:

1. Get to Safety

First, park your vehicle in a safe location out of the way of traffic and contact law enforcement. Then, report the collision so police can protect you and other victims from further injury.

2. Talk to the Police

Getting law enforcement and emergency responders to the crash scene is essential. Police can direct traffic to keep you safe, and a police report could serve as valuable evidence to establish liability in your insurance and civil claims.

3. Obtain the Other Involved Party’s Insurance Information

Texas is a fault-based state for car accident and insurance purposes, so you must file a claim with the liable party’s insurance provider. At the crash scene, swap insurance information so you can file your claim promptly.

4. Get a Medical Evaluation

Car accident injuries are often catastrophic. So even if you feel “fine,” getting evaluated is important to rule out serious internal injuries. Seeing a medical professional who will document your injuries also helps prevent the defense from arguing that your injuries were preexisting.

Common Crash-Related Injuries

There are endless ways injuries can occur in a car wreck. However, we see some types far more often than others.

Common injuries sustained in a crash include the following:

• Neck and back injuries: Commonly referred to as whiplash, these injuries are caused by extreme force in a collision when the neck absorbs the crash’s impact. While soft tissue injuries to this area are common, the damage can be more severe. For example, whiplash can result in disc herniations that require extensive therapy, injections, and even surgery.
• Lacerations and internal injuries: Car accidents often cause severe internal injuries, including internal bleeding and organ damage. Any laceration can lead to sepsis which could be fatal.
• Traumatic brain injuries: Head injuries, concussions, abrasions, and contusions are a few examples of traumatic brain damage you could sustain in a collision.
• Knee, shoulder, wrist, and other orthopedic injuries: Broken bones and torn ligaments could require physical therapy, rehabilitation, and even surgery to restore full use of the affected area.
• Emotional trauma: Car accident survivors often have post-traumatic stress disorder (PTSD), depression, and anxiety.

No matter what type of collision you were involved in or what injuries you sustained, obtaining medical care in the immediate aftermath of your accident is essential. Even seemingly minor injuries can worsen without proper treatment. 

What if I do not have medical insurance and cannot afford a doctor?

We have many clients that are not able to obtain medical insurance or health insurance.  As a client of Domingo Garcia car accident attorneys, we never let the lack of insurance stand in the way of medical treatment for our clients.

Our Houston car accident attorneys have a network of doctors, medical clinics and even surgeons that will treat car accident victims and not require any payment until a money settlement is received.  This allows our clients to focus on healing after a car accident and not suffer additional harm by having to spend their hard earned dollars on medical care while they await a settlement.

Common Types of Motor Vehicle Collisions

Houston car accidents can occur in a multitude of ways. Therefore, your attorney must closely examine the type of collision you were involved in to establish liability and gather the evidence needed to support your case. Some collision types are seen more frequently in Houston civil court than others.

Do You Have Grounds for a Houston Car Accident Claim?

You might be wondering if you have the right to proceed with a claim for compensation after an car accident. You might put off contacting a lawyer while you are still in the process of recovering from your injuries out of the concern that your wounds are not severe enough to warrant taking legal action.

However, it is essential to keep in mind that the type of injury you have sustained will not be the factor that determines whether or not you are entitled to monetary compensation.

Your attorney needs to demonstrate that the injuries you sustained have had a significant effect on your life. The effects of an injury may include monetary losses, bodily pain and suffering, mental distress, and other types of damages. On the other hand, this is not the only approach to determine whether or not you have a case to pursue after a car accident.

You are also required to be able to demonstrate that the cause of your car accident was the negligence or improper behavior of a third party. On the other hand, it is not always easy to tell whether someone else is to blame. If you have reason to believe that another party was responsible for your injuries, engaging a seasoned Houston car accident attorneys who are able to research your claim may help you learn the facts of the matter.

How To Prove Fault for a Car Accident in Houston

One of your lawyer’s most important responsibilities following your Houston car accident will be proving liability. One of the only ways to recover compensation for your damages is by showing that someone else was at fault for causing the collision and your injuries.

In court, the burden of proof requires a preponderance of the evidence. Therefore, your attorney must gather compelling evidence showing the judge or jury that the defendant is most likely responsible for your injuries.

Liability for Houston Car Accidents

Multiple individuals and entities could share fault in your Houston accident, depending on the details of your case. However, the following factors contribute to the vast majority of motor vehicle collisions:

• Negligent Driving: Some examples of negligent driving could include distracted driving, drunk driving, driving while fatigued, drugged driving, speeding, failure to yield, failure to stop, failure to use a turn signal, and reckless driving, among others.
• Dangerous road conditions: Unsecured road construction zones, missing or malfunctioning street lights or signs, large potholes, and other hazardous road conditions have all been known to cause car accidents in Houston. Government agencies, municipalities, safety inspectors, government officials, construction workers, contractors, subcontractors, and other third parties could all share liability for accidents caused by dangerous road conditions.
• Reckless bars and restaurants: Establishments that serve or sell alcohol must refuse to sell to an individual who is already under the influence. These dram shops can be held accountable when they negligently provide alcohol to someone who goes on to cause a car accident while driving drunk.
• Defective or malfunctioning auto parts: When auto parts are defective or malfunctioning, many entities can share liability, including maintenance technicians, safety inspectors, auto parts manufacturers, distributors, designers, suppliers, motor vehicle dealerships, and other third parties.

The stronger evidence we have, the stronger your case and your claims will be. Clear liability plays a crucial role in determining the strength of a case. In states like Texas, where comparative negligence laws apply, having undeniable proof of the other party’s fault can significantly bolster your claim.

The extent of property damage sustained in the accident is another important factor. Significant damage to your vehicle not only indicates the severity of the collision but can also sway insurance companies towards offering higher compensation, as they may view the accident as more serious.

A strong car accident injury claim is characterized by clear liability, significant property damage, immediate and consistent medical treatment, serious injuries, and compelling evidence. By effectively demonstrating these elements, our team of car accident attorneys can enhance the strength of your claim and secure the compensation you deserve.

How Injured Victims in Houston Car Accidents Are Compensated

When you have suffered devastating injuries in a car accident, you have the right to be compensated for every way your life has been affected by the ordeal. You should be repaid for every loss, whether it has a specific monetary value or requires estimation by your attorney.

With that in mind, there are two primary ways to recover maximum compensation following a car accident. This includes filing a claim with the insurance company and bringing your case to court (known as “litigation”).

Here is more information about these legal options and what to expect from the Houston car accident claims process:

Insurance Settlements

One of the primary ways a Houston car accident lawyer can help victims recover compensation for their damages is by filing a claim with the insurance company. Texas is an at-fault state. This means you will file a claim with the liable or responsible party’s insurance provider when you are involved in a collision.

It is important to keep in mind that an insurance settlement is unlikely to cover your damages in full. This is because insurance companies are only required to compensate you based on the limits of the policyholder’s coverage.

For example, suppose the defendant only purchases the minimum auto insurance coverage required by law, and your expenses exceed this amount. In that case, there will be excess damages that the insurance company is not financially obligated to cover.

When this happens, you should be prepared to file a civil claim against the liable party, as your insurance settlement may not adequately meet your needs.

It’s also important not to accept the first payment offer you get from an insurance company without thinking it through. Insurance adjusters usually try to settle cases for as little money as possible so that their company can make money, so taking a quick settlement might not fully cover your losses.

It’s best to have an experienced Houston auto accident lawyer look over an offer before deciding whether to accept it or not. Legal professionals can look at the settlement offer and talk to the insurance company on your behalf to get you a higher amount that truly shows your damages.

Having a lawyer by your side during the settlement process can make a big difference in how your claim turns out. Insurance companies are more likely to negotiate with you if they know you have a good lawyer on your side who will fight for your rights and make sure you get the right amount of money. Statistics show that car accident victims represented by attorneys receive three times more money in settlement than those that try to handle their own case.  This means more money in your pocket.

Also, keep in mind that taking a settlement offer usually means giving up your right to seek more compensation, so it’s important to think carefully about any offers before making a choice. You can make the settlement process go more smoothly and increase your chances of getting fair pay for your injuries and losses if you hire an experienced auto accident attorney.

Dealing With the Insurance Company after a Houston Car Accident

It is essential to have a plan in place for dealing with the insurance company itself, in addition to having a grasp of how insurance settlements are processed. It is vital that you keep in mind that the insurance adjusters are not on your side during this process.

The representatives from the insurance company may give the impression that they are nice, but in the end, the insurance company will put its own financial interests ahead of yours.

People who have been injured can easily fall victim to insurance companies that take advantage of them by denying their claims, attempting to blame them for their injuries, delaying the processing of their claims, and offering settlement offers that are significantly lower than they should be.

It is vital to have a Houston auto accident lawyer step in and battle for your right to fair compensation if you want to avoid being taken advantage of in your time of need and prevent others from taking advantage of you.

Trial Verdicts

You can file a personal injury lawsuit against the person at fault if they don’t offer a fair settlement covering all your losses.

By filing a lawsuit, a Houston car accident lawyer can help you recover both economic and non-economic damages. This is outlined in Texas Civil Practice and Remedies Code § 41.01.

Some of the more common losses you could recoup in your Houston accident lawsuit include the following:

• Medical expenses (past, present, and future)
• Loss of income or future earning capacity
• Physical pain and suffering
• Mental anguish
• Physical impairment
• Disfigurement from scarring or amputation
• Diminished quality of life
• Prescription medications
• Physical or occupational therapy
• Mental health counseling
• Medical home accommodation fees
• Medical equipment such as wheelchairs, prosthetics, hospital beds, and shower rails
• Loss of consortium
• Property damage to your vehicle
• Damage to personal property
• Various out-of-pocket expenses

At trial, you could also be awarded punitive damages. Although rare, if punitive damages are awarded, the courts find the defendant’s actions grossly negligent or malicious.

A judge may find it necessary to punish the defendant beyond the special damages you are entitled to and send a message to the Houston community that the court will not tolerate similar actions.

Pain and suffering damages, categorized as non-economic damages, are subjective and do not have a set monetary value. Several factors impact the calculation of these damages, including the severity of injuries sustained in the accident. More severe injuries often result in higher compensation for pain and suffering, particularly if they lead to long-term or permanent disabilities.

How Our Accident Injury Lawyers Can Help With Your Houston Case

Our Houston personal injury lawyers will help you with your car accident claim in various ways:

Free Case Reviews

Don’t let fears about the cost of an attorney hold you back from getting the legal help you need. Our personal injury lawyers offer free consultations and work on a contingency-fee basis.

During the free case review, one of our experienced Houston car accident lawyers will listen to your story, review the details of your case, and provide you with an honest assessment of your legal options. We will explain the legal process and answer any questions you may have, so you can decide how to proceed with your case.

Help Getting Medical Care

Our firm will help you get the medical treatment and care you need. We will delay your medical payments until after we have recovered compensation in your case, even if you do not have health insurance.

Evaluating Property Damage

If your vehicle is damaged, we will help get you into a rental car and work with you to get your vehicle repaired or replaced by the insurance company. In addition, if we handle your personal injury case, we will handle your property damage claim for free!

Understanding Pain and Suffering

Pain and suffering can be both physical and emotional. Car accident survivors often suffer from emotional distress and post-traumatic stress disorder (PTSD). Our firm understands this and will fight to get you the most out of your claim.

Types of Car Insurance Coverage in Texas

Coverage types include the following:

Liability Coverage

Texas law requires drivers to purchase a minimum of $30,000 per accident in bodily injury liability and property damage liability coverage. Bodily injury coverage will cover your medical expenses, while property damage coverage is meant to pay for the damage to your vehicle.

Personal Injury Protection

Personal injury protection (PIP) coverage is available upon request. It allows you to file a claim with your insurance company in the event of an accident, regardless of who is at fault for the collision. This can help cover lost wages, earnings, or out-of-pocket medical expenses.

GAP Coverage

When financing a brand-new vehicle, the dealership typically recommends gap insurance to cover the remaining balance on your vehicle after the insurance company has totaled it. This coverage can help protect you from having to pay off the remaining balance of your loan or lease.

Your Options as a Passenger in a Car Accident

In some cases, a passenger may file a claim for injuries sustained in a single-car accident or where the driver of their vehicle is partially or totally at fault. In addition, a third-party injury claim can be filed against the at-fault driver of the vehicle you were riding in.

As a passenger in an accident, you can seek reimbursement for your injury-related expenses. However, every situation is different. For example, suppose you were a passenger in a vehicle where the driver was driving recklessly and crashed.

You can file a third-party injury claim against the at-fault driver’s insurance company in this situation. When such scenarios occur, the injured passengers are usually afraid to go this route because they know the driver personally and do not want to get them in trouble.

However, this is the wrong way to approach the situation. Protecting our passengers is one of the many reasons we pay for car insurance.

Texas Car Accident Laws You Need To Know

If you have been in a car accident in Houston, several personal injury and car accident laws in Texas come into play. Texas’ proportionate responsibility rules, the fault-based system, and the statute of limitations could all impact your ability to recover compensation for your damages.

Here is more about what to expect as you move forward with your car accident claim:

How the Texas Fault System Works

After a Houston accident, you should file a claim with the liable party’s auto insurance company. As we mentioned, Texas follows a fault-based system for auto insurance purposes.

If you buy personal injury protection coverage (PIP), you can file a claim with your insurance company, no matter who is at fault. However, filing a claim with your insurance carrier often increases your premiums when it’s time for your policy to renew. You can discuss the insurance claims process further with your attorney.

Proportionate Responsibility

Many car accident victims in Houston worry that sharing fault for their injuries means they are not entitled to financial compensation. However, this is untrue since Texas follows a “proportionate responsibility” rule.

Proportionate responsibility is also commonly referred to as “modified comparative negligence.” Under this system, you can share as much as 50% of the fault for the accident and still be compensated for the portion that is not your fault. Therefore, expect your accident settlement to be reduced to reflect your percentage of liability.

For example, if you were not wearing your seatbelt when a negligent driver suddenly struck you, the judge might find you 15% responsible for your injuries. In that case, if the jury awarded you $1 million for your damages, your compensation would be reduced by 15%. However, this would still leave you with an injury settlement of $850,000.

If you have concerns about how your case could be affected by the state’s proportionate responsibility law, you should speak with a Houston car accident attorney.

The Statute of Limitations

Under Texas law, car accident and personal injury claims must be filed before the two-year statute of limitations expires. If your claim is not filed before this deadline, you could lose the opportunity to recover compensation for your damages through the Houston civil court system. Certain exceptions may apply.

Houston Car Accident FAQs

We understand how confusing and overwhelming this time in your life must be. In the hopes of helping you get the support and guidance you need, we have answered some of the most frequently asked questions regarding car accidents in Houston below.

If you have additional questions we do not cover on this page, contact our office and speak with a team member.

What Happens if My Child Was Injured?

If your child suffered an injury in a car accident, they have the same right to financial compensation as an adult.

However, because children cannot pursue justice independently, it will be up to you as their parent or legal guardian to step up and advocate for them. You can contact our office for the aggressive legal representation you need to secure the compensation your child deserves.

What is the average settlement for a car accident?

The average settlement for a car accident can vary widely and is not easily quantified by a standard figure. Each car accident case is unique, with multiple factors influencing the settlement offer.It is difficult to provide a straightforward answer to this question without a thorough evaluation of your case by an experienced Houston car accident lawyer.

Medical expenses in Houston be substantial, regardless of the severity of your injuries. From ambulance rides to hospital stays and surgeries, the costs can quickly add up. Additionally, ongoing care such as physical therapy, home health care, and medical equipment can further contribute to the total expenses incurred as a result of the accident.

Each car accident case is unique, with varying costs and losses for different individuals. Whether your financial losses are minimal or significant, it is essential that you receive compensation from the responsible party if they caused the accident. Seeking legal guidance and a personalized evaluation can help you understand the potential worth of your claim and ensure that you receive the compensation you deserve.

What should I do if my vehicle was damaged?

You need to take some measures to handle the situation efficiently after an accident damages your vehicle. Take pictures of the damage and save a copy of the police report in case you need to reference it later. Report the incident and get in touch with your insurance provider in case of the loss of the vehicle. Next, gather estimates from good auto body shops; the prices will vary according to the severity of the damage.

If another person’s carelessness led to your vehicle accident, talk to our car accident lawyers to learn about your rights and options. Our staff is here to help you deal with insurance providers and guide you in information about the legal implications of the accident. Your attorney will fight for you to recover reimbursement for repairing your car. Remember that getting professional help early on can help you recover expenses related to fixing or replacing your vehicle after an accident.

Our law firm has an entire department that handles property damage for free when we are also handling the personal injury car accident claim. This allows you to receive 100% of the money from the insurance company to fix or replace your car.

How Long does it take to settle a car accident case?

How long it takes to settle a personal injury claim from a car accident depends on the specifics of each case. Most cases involving car accidents are settled between 4 and 12 months, but some cases can take longer, especially those involving major accidents that cause serious injuries.

In these situations, the claim process may take longer because of the need to account for things like the victim’s future ability to work, ongoing medical bills, and other complex details. In addition, the reimbursement time frame may be pushed back even more if negotiations drag on or the case goes to court.

A fair settlement in a car accident case requires working with expert car accident attorneys, carefully looking at every part of the case, and being ready for possible delays from stubborn insurance companies and slow court systems.

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

Many car accident survivors hesitate to contact a lawyer for help because they already face considerable expenses related to their collision. When you cannot afford to hire a lawyer, it can leave you feeling hopeless.

However, personal injury lawyers are generally willing to work with car accident victims on contingency. This means you will not be expected to cover out-of-pocket costs or expenses. While you heal from your injuries, your lawyer will cover the costs of building your case against the at-fault party. 

Our law firm absorbs all of the risks in seeking compensation for your damages. Once we recover compensation in your case, based on your contingency agreement, only then will you cover your attorney fees. The fees will come out of your settlement or award. If your lawyer does not produce a recovery in your case, you are not expected to pay a dime.

What Are My Options if I Lost a Loved One in a Fatal Car Accident?

Far too many car accidents in Houston result in fatal injuries. If you lose a loved one in a car accident, your family may be able to file a wrongful death lawsuit against the liable party. 

In addition to burial and funeral expenses, you could seek compensation for losing your loved one’s companionship and support. An experienced attorney can help you hold the individual or entity who caused your loved one’s death accountable to the fullest extent of the law.

That said, wrongful death claims are often complex and can only be filed by certain individuals. Contact our office to discuss your fatal car accident case if you want to learn more about Houston’s wrongful death claims process.

What if the other driver doesn’t have enough insurance coverage or no insurance at all?

When you are in a car accident and the other driver does not have enough insurance or does not have any insurance at all, then it can be very hard to get your claims paid. It might even become necessary to file a lawsuit to obtain the compensation you deserve in this situation.

In Texas, every driver is required by law to have a certain amount of insurance that includes responsibility for injuries sustained by other people and damage to their property. However, if a driver causing an accident does not have enough insurance to cover your losses, then our team can help you take civil action against them to get the money you need.

It is possible that your own insurance will pay for some of your medical bills and property damage after you get involved in an accident with someone who does not have insurance or enough insurance. This is called uninsured/underinsured motorist coverage. The purpose of this policy is to ensure that you receive adequate compensation in cases where the other party can’t fully pay you for your losses.

Dealing with crashes where one or more drivers don’t have insurance or enough insurance can be tough. Our experienced Houston car accident lawyers are here to help you through the process. We are going to do everything we can to make sure you get the money you need to pay for your medical bills and other losses from the accident.

Should I leave the scene of a car accident?

When involved in a car accident, it is imperative to remain at the scene, especially if there are damages or other individuals who have been affected by the crash. Leaving the scene, also known as a hit-and-run, is illegal and can result in severe consequences. It is crucial to wait for the authorities to arrive and assess the situation. In some cases, injuries sustained during the accident may not be immediately apparent, so it is essential to allow medical professionals to examine you. Stay at the scene of the accident until it has been properly handled by the relevant authorities.

Only in the even that there are no serious injuries and the vehicles can be driven and moved normally, should you follow Texas Transportation Code 550.002, also known as “Steer it & Clear it”, and move the vehicles to a safe location to allow the authorities to handle the situation.

According to Houston Transtar “If an accident occurs on a main lane, ramp, shoulder, median or adjacent area of a freeway and each vehicle can be normally and safely driven, each vehicle operator shall move the operator’s vehicle as soon as possible to a designated accident investigation site, a location on the frontage road, the nearest suitable cross street or other suitable location to complete the requirements of Section 550.023 and minimize the interference with existing freeway traffic flow.”

Reach Out to an Experienced Car Accident Lawyer in Houston Today

The legal process after an accident can be confusing, and hiring a lawyer will allow you to relax and focus on getting better. Meanwhile, we will work on building a powerful case against the liable party. 

We handle cases on a contingency basis so you won’t pay anything upfront. Schedule your no-cost, risk-free consultation with a Houston auto accident lawyer at Domingo Garcia Law Office today. Call our office or complete our convenient contact form.