The Houston auto accident attorneys at Baumgartner LLP (2023)

In Texas, liability for car accidents is based on fault. This is one of the key things you should know about the Houston car accident claim process. The driver, trucking company, vehicle manufacturer, or other party found responsible for causing the accident is also liable for the resulting losses and injuries.

In practice, the insurance company is usually the one that processes the claims. Nevertheless, establishing guilt through comprehensive evidence is critical to the burden of proof and recovery.

Of course, one party is not always fully legally responsible for a Houston car accident. Two or more parties may be responsible for the same accident. In fact, even victims can be partially responsible for their own misfortunes. Texas is a comparative fault state, which means that when more than one party is found to be at fault in a car accident, their degrees of fault are compared to determine how much they are liable to pay.

Pursuant to Texas law (Tex. Civ. Prac. & Rem. Code Ann. § 33.001), damages are apportioned based on each party's percentage of fault. A mistake in comparison can have a big impact on your claim.

To better understand Houston's comparative failure, an example is useful. Imagine a driver is injured in a car accident in Houston. The other driver was distracted. In total, they suffered losses of $100,000. The investigation established that the injured party was partially responsible for the accident because they were driving too fast. It was found that they are responsible for 20% of their own traffic accidents.

In such cases, drivers can still recover damages under Texas law. However, the amount they can recover will reduce their error percentage. Since the driver is found to be 20% at fault, their compensation will be reduced by 20%, or $20,000. They would be entitled to a refund of $80,000 instead of $100,000.

Every point of guilt counts -- especially after a serious accident. You don't want to be unfairly blamed for your own misfortune, not even a small part of your own.

Being assigned unfair liability can cost you thousands of dollars in settlement offers or court judgments. A top Houston car accident attorney can investigate your accident, build a strong case, and protect you from unfair charges.

After a car accident in Houston, you need to be ready to act quickly. You do not have an unlimited amount of time to file a personal injury claim in a car accident. Under Texas law (Texas Civilization. practice. & Rem. Code Ann § 16.003), the statute of limitations for claiming damages in a traffic accident is two years.

What happens if the deadline expires? You may not be able to file a car accident claim at all. initiative. Consult with our experienced Houston Texas car accident team as soon as possible after the collision.

Car accidents happen for many reasons. Every accident in Houston should be carefully and thoroughly investigated to determine how and why it happened. Although there are many causes of accidents, they often have one important thing in common: accidents could have been avoided if care had been taken. Some causes of car accidents in Houston include:

• distracted driving: Distracted driving is suspected to be the leading cause of traffic accidents in Houston. Dangerous driving in Texas and across the United States has been on the rise in recent years. This happens when the driver's attention is diverted from the road to other things such as phones, radio or passengers. Even a momentary inattention can lead to a devastating accident.
• Driving while drunk: DUI is a serious problem in Houston and all over the place. In 2020, the city had too many alcohol-related accidents. Nationwide, nearly 1,000 people are killed and thousands more seriously injured in traffic accidents each year. Alcohol is directly linked to one in four traffic deaths in Texas. Driving under the influence of alcohol can impair a driver's ability to make good decisions and react quickly to changing road conditions. Driving under the influence of drugs is also a serious problem.
• speeding: Speeding is a common cause of traffic accidents in Houston. When drivers exceed the speed limit or drive too fast in road conditions, they increase the risk of losing control of the vehicle and causing a crash. Speeding also reduces the time drivers have to react to potential hazards. In addition, accidents at higher speeds are more likely to result in serious injury or death.
• Careless driving: Reckless driving is another common cause of car accidents in Houston. Some notable examples of reckless driving include weaving through traffic, dodging and ignoring traffic lights. Reckless drivers do not follow basic traffic rules and drive roughly putting themselves and others in danger.
• Sleepy driving: Drowsy driving occurs when a driver drives a vehicle while extremely tired or drowsy. This can lead to slower reaction times, poorer judgment and a greater chance of falling asleep while driving. Drowsy driving is of particular concern to commercial truck drivers, who may have to drive for long periods of time without adequate rest.
• Improper lane change:Inappropriate lane changes occur when drivers do not signal their intention to change lanes or do not check their blind spots before proceeding. This can lead to a collision with another vehicle or cause the driver to lose control of the vehicle and cause a crash.
• Severe weather conditions: Houston is no stranger to bad weather, which can increase the risk of traffic accidents. Heavy rain, fog and strong winds can reduce visibility and make it difficult for drivers to maintain control of their vehicles. Drivers should adjust their speed and driving behavior to the prevailing weather conditions.
• Vehicle breakdown: Vehicle breakdown can also lead to car accidents in Houston. Brake failure, flat tires and engine failure can lead to a crash. It is important that drivers keep their vehicles in good condition and perform regular maintenance to prevent such problems.

Houston is a busy city with millions of drivers on the road every day. Unfortunately, with so many vehicles on the road, collisions are almost inevitable. Knowing the different types of collisions that can occur in Houston can help drivers stay safe and avoid accidents.

Below are some of the most common types of car accidents in Houston that lead injured car accident victims to hire us, including:

• Rear collision: A rear-end collision occurs when one vehicle hits the rear of another vehicle. Rear-end accidents are usually caused by careless driving, careless driving, or failure to brake in time. This is the most common type of multi-vehicle collision.
• T-Bone Crash:Heavy collision, this type of accident occurs when one car hits the side of another car, forming a "T" shape. A T-bone accident can be very dangerous, especially if the crash occurs at high speed.
• Side collision:These accidents happen when the side of one car hits the side of another car. Side skid accidents can be caused by a variety of factors, including crossing into the other lane without checking for blind spots, distracted driving, or drifting into the other lane.
• Frontal collision: One of the most dangerous types of car wrecks, a head-on collision occurs when two vehicles collide head-on. Head-on collisions are usually the most severe type of collision and can lead to serious injury or death.
• Rollover accident: Rollovers are another dangerous accident. This happens when the vehicle flips onto its side or roof. Rollover accidents can be caused by a variety of factors, including speeding, steering, or overtaking while driving.

Any car accident injury requires professional medical care from a qualified physician. Immediate medical attention and proper ongoing care can put a person in the best position to recover from an injury. Car accident settlements are often medically based.

Some of the most common types of traffic accidents reported in Texas include:

• Cuts and bruises:Cuts and bruises are common in car accidents, especially if broken glass or debris is involved. Although these injuries are usually minor, they can still cause pain and discomfort and may require medical attention to prevent infection. In some cases, deep lacerations may require stitches.
• Whip: A whiplash is a common injury that occurs when the head and neck are suddenly jerked forward and then back, causing strain on the neck muscles and ligaments. Symptoms may include pain, stiffness, and limited movement. Claims for whiplash and other soft tissue injuries are notoriously complex. The best Houston car accident attorneys at Baumgartner LLP can help.
• Ligament injuries:Ligament injuries are a common type of injury that can occur anywhere on the body as a result of a car accident. Ligaments are fibrous tissues that connect bones to each other and provide stability to joints. When the body is exposed to sudden and extreme forces in a car accident, ligaments can be stretched, torn or sprained. This can lead to symptoms such as pain, swelling, stiffness and loss of movement. Treatment of ligament injuries includes rest, physical therapy, and in severe cases, surgery.
• Sprains and strains: Sprains and strains are common injuries in car accidents. These types of injuries usually affect the neck, back and other parts of the body, and are caused by sudden movements, such as a neck injury. Symptoms of sprains and strains include pain, stiffness and reduced range of motion. While some sprains and strains heal on their own with rest and time, others may need medication such as physical therapy, pain management, and other techniques. In some cases, sprains and strains can have long-term effects, such as chronic pain or reduced mobility.
• earthquake:A concussion is a type of traumatic brain injury (TBI) that occurs when the brain is compressed inside the skull. Symptoms may include headache, dizziness, nausea and confusion. In some cases, a concussion can have long-term effects on cognitive function. All head injuries require immediate medical attention.
• broken bone:Broken bones are a common consequence of traffic accidents, especially in the arms, legs and ribs. In severe cases, fractures may require revision surgery, leading to long-term complications such as chronic pain or limited mobility.
• Spinal cord injury:A spinal cord injury occurs when a direct blow or pressure injures the spinal cord. These injuries can be life-changing and can lead to paralysis, loss of sensation or incontinence.
• internal injury: A car accident can lead to internal injuries such as organ damage or internal bleeding. These injuries may not be immediately apparent and may require medical attention for diagnosis and treatment.
• Psychological damage: Road accidents can also have psychological effects, such as anxiety, depression and post-traumatic stress disorder (PTSD). These injuries may require counseling or other forms of mental health treatment.