A Complete Guide to Auto Accident Lawsuits in Houston

In Houston, the number of auto accidents has been on the rise. In 2021, there were around 75,000 crashes, which is an increase of about 14% from the previous year. Houston also has an increasing rate of deadly crashes, which outpaces all of the rest of Texas. 

This is no doubt partly due to Houston’s large population and the city’s reputation as one of the country’s most important shipping hubs. Our city’s impressive accolades, however, do not make the auto accident claims process any less confusing. 

In this article, we’ll discuss a lot of the broad topics regarding auto accidents in Texas. We’ll discuss common types of car accidents in Texas, as well as important legal issues like liability, negligence, and comparative fault. Finally, we’ll talk you through the legal process of a personal injury claim, and give you the best tips for maximizing your settlement. 

If you have been involved in a Houston auto accident, call DeHoyos Accident Attorneys today. 

Types of Car Accidents in Houston 

There are several types of car accidents common in Houston, each affecting how lawsuits about the accident may be handled:

• Rear-End Collisions: These are usually caused by the negligence of the driver who rear-ends another vehicle. The lead driver can be at fault in cases of ‘brake-checking’, driving with a flat tire, or not using turn their signals. Liability is generally straightforward in these cases, making it easier for the victim to receive compensation for vehicle damage. These collisions could be life-threatening, but generally, there is only damage to the vehicle, not the driver. 

• Side-Impact Collisions: Also known as ‘t-bone’ collisions, these can result in serious injuries like whiplash or broken bones. Determining liability requires proper documentation and legal representation, which can lead to compensation for medical expenses and rehabilitation costs.  

• Head-On Collisions: These occur when the fronts of two vehicles collide, often leading to a straightforward fault determination. Usually, fault is levied against the driver on the wrong side of the road. However, legal assistance is still important for accurately establishing fault. 

• Single-Car Collisions: These are collisions where your car did not hit another car, but instead hit public property or even a pedestrian. They can involve multiple parties at fault, including the driver, other drivers who provoked their actions, pedestrians, or vehicle manufacturers if there was a malfunction. Filing a claim may require proving another party’s negligence or equipment failure, which can make receiving your settlement more difficult. 

• Low-Speed Collisions: Even at low speeds, collisions can cause injuries, often leading to minor impact soft tissue (MIST) injuries. These injuries can be challenging to prove, and often require legal support to claim compensation. 

• Merging Collisions: These happen during lane transitions and often result in the merging driver being at fault. However, exceptions exist, such as when the other vehicle is speeding or making it difficult for the merging driver to get over. 

• Each type of accident has its own challenges when determining fault and liability. The type of accident you were involved in can significantly impact how a lawsuit or insurance claim is handled. It’s always recommended to seek legal guidance immediately following an auto accident of any kind. 

Important Personal Injury Laws in Texas

In Texas, the laws and regulations specific to auto accidents include several key legal concepts, such as liability, negligence, and comparative fault. Let’s look at what these important aspects are and how they can affect your case. 

Filing an Auto Insurance Claim

Texas is an “at-fault” state, meaning individuals injured in a car accident typically start by filing an auto insurance claim. They have two options: a third-party claim through the negligent driver’s insurance company, or a first-party claim through their own insurance company. 

Car Insurance Minimum Requirements

Texas law requires motorists to carry a minimum amount of insurance, which includes $30,000 for one person in an accident, $60,000 total for all people in an accident, and $25,000 for property damage. This is called 30/60/25 coverage.

Statute of Limitations

Texas law requires a two-year statute of limitations from the date of the car accident. Missing this deadline can mean missing out on legal compensation through the lawsuit. 

Texas Negligence Laws

Texas negligence laws comprise several elements. The first one is to establish the Duty of Care, which is the defendant’s obligation to act in a safe way on the road. Texas drivers assume this duty of care when they are issued a license. 

The Breach of Duty is what you’ll have to prove for the other driver to be held responsible. Basically, the other driver owed you a duty of care but did not fulfill it. They can do this by engaging in distracted driving, ignoring the traffic signs, or being inebriated behind the wheel. 

The third element you must establish is that the breach of duty directly caused your injuries or the damage to your vehicle. You must have tangible financial evidence that the accident cost you money. That is what your attorney will attempt to get back for you, including non-tangible damages like emotional distress. 

Comparative Negligence in Texas

Texas follows a modified form of comparative negligence, also called proportionate responsibility. Under this rule, a plaintiff can recover damages even if partially at fault for the accident, as long as their percentage of fault is not more than 50%. The total settlement is reduced proportionately based on what percentage you were found to be at fault, too. If you are found to be 51% or more at fault, you are barred from recovering compensation from the other driver.  

These legal frameworks guide how liability is determined and how compensation is awarded. They emphasize the importance of understanding your rights and the rights of the other drivers on the road. 

The Legal Process for a Personal Injury Claim 

In Texas, the process of handling an auto accident claim involves reporting the accident, filing an insurance claim, engaging in settlement negotiations, and potentially filing a lawsuit. 

DeHoyos Accident Attorneys can streamline this process and ensure that the proper documentation is filed and swift action is taken. We can assist in negotiating with insurance companies and maximizing your settlement while minimizing the confusion and stress. Call our Houston office today at (832) 745-4878 for a free consultation. We can ensure your bills are covered, and your rights are protected.