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.
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 car 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.
The experienced and qualified legal team Domingo helped build recently recovered $4,000,000 for a client who wrongfully passed away from a bar and alcohol-related crash.
In 2019, Domingo was listed on the Texas Top 50 Settlements, a testament to his success in representing injured clients in high-stakes personal injury cases.
Whether you’ve been injured in a car accident, truck accident, or another personal injury incident, you can trust that Domingo and his team will work tirelessly to help you recover the compensation you deserve.
A Houston car accident lawyer at Domingo Garcia’s law firm will ensure that a dedicated team handles your case, addressing all your worries, medical needs, and damages. Focus on your treatment and recovery while we take care of everything else.
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:
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.
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.
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. Then, at the crash scene, swap insurance information so you can file your claim promptly.
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.
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.
These accidents include:
- Sideswipe collisions
- Single-car accidents
- Multi-vehicle collisions
- Collisions involving commercial trucks
- Rollover accidents
- T-bone collisions
- Rear-end collisions
- Head-on collisions
- Hit-and-run incidents
- Accidents involving drunk drivers
- Collisions involving distracted drivers
- Highway accidents
- Collisions at intersections
- Crashes involving motorcycles
These are just a few accidents you could have been injured in. If you suffered serious injuries in any motor vehicle collision, contact our office to discuss your legal options for financial recovery.
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 attorney who is 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.
Here’s more about establishing culpability in an automobile accident:
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.
Evidence A Houston Car Accident Lawyer Needs To Support Your Case
Since the burden of proof is based on the evidence your attorney presents in court, this evidence must be compelling. Fortunately, car accident cases are known for producing large amounts of evidence.
Common types of evidence that can be used to prove liability in a Houston car accident claim include the following:
- CCTV (closed circuit television) footage
- Physical evidence at the scene
- Crash reconstructionist reports
- Photos of your injuries
- Photos of the accident scene
- Police reports
- Accident reports
- Safety logs
- Safety inspection reports
- Maintenance records
- Medical records
- Witness statements
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:
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.
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.
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.
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:
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.
Uninsured and Underinsured Motorist Coverage
Underinsured and uninsured motorist coverage is designed to cover your costs if you are involved in a traffic accident with an underinsured or uninsured driver. Both uninsured and underinsured motorist coverage can be purchased as part of a driver’s auto insurance policy.
It’s important to note that uninsured and underinsured motorist coverage only applies to damages caused by other drivers. Therefore, if the policyholder is at fault in an accident, their liability insurance will typically cover the damages caused to other drivers and their property.
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.
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 FAQ
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.
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.
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.
Domingo Garcia Law Office – Car Accident Lawyers Houston, TX12929 Gulf Freeway,
Houston, TX 77034