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Houston
South Texas
Houston Car Accident Lawyer

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The Gutierrez Law Firm represents car accident victims throughout Houston. Our team of Houston car accident lawyers has the skills and experience you need to make sure those at fault are held accountable and you’re able to recover from your injuries. To learn more about your potential options, contact us today for a free consultation.

Do You Need Our Lawyers?

When you think about the amount of time you spend on the road in Houston, it’s easy to see how a car accident could happen. But it’s the result of a car accident that’s going to determine whether or not you need our lawyers. In the event that your accident or injuries are minor, you probably don’t need to worry about legal action.

But, dealing with a car accident can be really challenging, especially if you’re injured and already feeling overwhelmed. That’s where our team of skilled lawyers comes in. We’re dedicated to putting our clients first, and we’re committed to providing you with personalized help that’s tailored to your specific situation. Here’s how we can help you:

  • Investigate the cause of the accident – We’ll dig deep to figure out exactly what caused the accident in the first place.
  • Gather necessary evidence – We’ll collect all the important evidence needed to support your case.
  • Interview witnesses and experts – We’ll talk to anyone who saw the accident happen, as well as experts who can provide valuable insights.
  • Manage communications – We’ll handle all the back-and-forth with the insurance company and the other party’s lawyers so you don’t have to.
  • Work for a fair settlement – We’ll put in the hard work to make sure you get the best possible settlement for your case.

Again, our approach is all about your needs. We focus on what you want and need from the legal process, and work accordingly. Better yet, we offer free initial consultations and work on a contingency-fee basis. This means that you don’t pay anything up front for our services, and can instead focus on your health and family.

Steps to Take Following a Car Accident

As you might expect, the moments following a car accident can be extremely traumatic, especially if you or your passengers are injured. At the same time, these moments are crucial to how your potential claim plays out. This makes it very important to take certain steps to protect your health, safety, and legal rights:

  • Get to safety – The first thing you should do (if it’s safe to do so) is move your vehicle to the side of the road out of traffic. Then, assess yourself and passengers for any injuries, and call 911.
  • Exchange insurance information – Share your contact and insurance details with others involved in the accident.
  • Gather evidence – Use your phone to take photos and videos of the accident scene, showing any damage to your vehicle, the other vehicle, injuries, and important road signs.
  • Report the accident – Call the police, especially if there are injuries, significant damage, or if others aren’t cooperating.
  • Get medical attention – Ask for medical care at the scene to address any immediate injuries. Then, even if you feel okay, it’s smart to see a doctor as some injuries might not be obvious right away.
  • Notify your car insurance – Let your insurance company know about the accident to start their claims process.
  • Keep track of your damages – Save all relevant documents like medical bills, repair estimates, and any communication with your or others’ insurance company.

Obviously, every car accident is different. This means that sometimes, you might not need to take some of these steps. However, following these guidelines is the best way to protect your health and the health of your potential claim.

Liability and Damages in a Car Accident

In terms of the actual legal process, there’s very important things you need to consider. First and foremost, you have to establish who is responsible for paying for your injuries and other damages. In legal terms, this is known as “liability”.

The next step of liability hinges on identifying While each case is unique, certain elements must be established for a successful outcome of any car accident claim. Essentially, you must show that the negligence of the other party led to the accident. Negligence typically comprises four components:

  • The other driver or party had a duty to drive safely and not endanger others.
  • This duty was breached by the other driver or party.
  • Their breach directly caused the accident.
  • The accident resulted in your injuries and other losses.

Once you figure out these elements, you’ll know who is responsible for your injuries and damages. Remember, blame can be shared among different people involved in the accident, including you. Generally, these are the ones who might be responsible for a car accident:

  • Other drivers
  • Passengers or pedestrians
  • Vehicle owners (if it’s not the actual driver at the time of the accident)
  • Manufacturers of vehicles or parts
  • Government agencies
  • Employers
  • Repair shops or mechanics

Texas also operates under a modified comparative negligence statute, where your percentage of fault will reduce your overall damages by the same percentage. If you are found to be 50% or more responsible, you are legally barred from seeking damages.

Damages

Another key aspect of your claim is your damages. This is simply the legal term for your losses from your injuries caused by the car accident. So, the extent of your “damages” is going to hinge on the specifics of your accident. Broadly speaking, though, the following damages will be available in a claim:

  • Medical treatment costs
  • Vehicle repair or replacement expenses
  • Compensation for lost wages or potential future earnings
  • Damages for pain and suffering
  • Reimbursement for emotional distress
  • Financial considerations for the loss of enjoyment of life or companionship
  • Expenses related to wrongful death in the event of a fatal car accident

Handling the aftermath of a car accident, such as dealing with work absences, injuries, and vehicle repairs, can be tough. Our firm is here to help lighten the load for you and your family. But it’s important to understand the actual claims process and what you have to go through.

What’s the Claims Process After a Car Accident?

If you’ve been injured in a car accident in Houston, you’re likely wondering how exactly you’ll get the available damages.The answer: file an injury claim. While each accident is unique, the process typically involves either an insurance claim or a personal injury lawsuit. Here’s an overview of these two processes:

  • Insurance claim – Usually the first step is to file an insurance claim with the at-fault party’s insurance carrier. This process is much less formal, happening outside the court system. At the same time, they’ll investigate and evaluate your claim, and they have the final say on how much they offer you. While it gives you quicker access to a settlement, insurance companies usually lowball you on the offer hoping you’ll take it. This means it might not cover the full extent of your damages.
  • Lawsuit – Filing a personal injury lawsuit Involves taking your case to court, which takes more time and resources. At the same time, it offers potential for higher damages. You play a more active role in a lawsuit, but our team handles legal tasks. Further, litigation can be lengthy, but it’s essential for securing what you’re rightfully owed. While your case could settle at any time once the suit is filed, these cases typically last months to years and can end up in trial before a judge and jury.

Regardless of the path you choose, our team will be there to guide you through the process. Importantly, Texas law has a two-year statute of limitations for filing a claim, so timing is crucial. This means you have two years from the date of the accident to file your claim, and if you don’t, you won’t be able to recover damages.

What Kind of Car Accidents are There in Houston?

In Houston, with so many people and drivers on the road, car accidents are unfortunately common. This, in turn, leads to many different types and causes of these accidents:

  • Rear-end accidents
  • Head-on collisions
  • T-bone collisions
  • Sideswipes
  • Commercial truck accidents
  • Motorcycle accidents
  • Bus accidents
  • Rideshare accidents
  • Pedestrian accidents
  • Bicycle accidents

Much like each car accident is unique, injuries can also vary widely. Here are some common types:

  • Whiplash
  • Head, neck, and shoulder injuries
  • Cuts and bruises
  • Fractures and broken bones
  • Traumatic Brain Injuries (TBI)
  • Back strains
  • Burns
  • Psychological and emotional trauma
  • Death, in serious accidents

Regardless of the accident type, it’s vital to remember that you have legal options under Texas law for financial support and benefits. Before you take that step, though, it’s in your best interest to talk with our team.

Frequently Asked Questions

Do I need to report the accident to the police?

Yes, Texas law requires you to report accidents that result in injury, death, or damage over $1,000. Regardless, you should report all accidents, regardless of their severity.

How long do I have to file an injury claim?

In Texas, the statute of limitations for filing a personal injury claim after a car accident is generally two years from the date of the accident. However, it’s best to consult with our team to understand your specific situation.

What if the other driver doesn’t have insurance?

You can still file a claim, you’ll just have to go through your own auto insurance. Typically, you do this through your uninsured/underinsured motorist (UM/UIM) coverage.

Contact The Gutierrez Firm After a Houston Car Accident

When you’ve been in a car accident in Houston, your life can be turned upside down with injuries and other losses. At The Gutierrez Firm, our skilled Houston personal injury lawyers are dedicated to getting the best result for you. If you or someone you know has been hurt in a car accident in Houston, contact us today for a free, no-obligation consultation.