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Texas Car Accident Lawyers That Fight for Maximum Justice

Jim Adler and Bill Adler
Jim Adler and Bill Adler

Everything You Need to Know About Car Accidents in Texas

With one reportable crash occurring every 56 seconds in Texas, the state hasn’t had a single day without a traffic fatality in recent years. Far too often, victims are left with injuries (sometimes severe), financial losses and a ton of questions about their legal rights. Nobody understands the confusion and stress you’re dealing with better than we do.

If you or a loved one has been in a car wreck, knowing the laws in Texas and what options are available to you can make all the difference in your recovery.

This guide covers Texas car accident laws, common crash types, what to do after a wreck and how a car accident lawyer can help. If you need legal help, our team at Jim Adler & Associates can help.

Remember: If you’ve been injured, contact us today for a free consultation.

$5.9 MILLION SETTLEMENT

A pickup truck struck our client’s vehicle from behind while travelling 70 miles per hour and nearly killed him. He sustained a shattered spine, multiple rib fractures, and an aortic injury that he only survived due to immediate first aid.

Eyewitnesses described the pickup truck driver as weaving through traffic while on his phone shortly before the wreck, and he quit his job afterward to avoid taking a post-crash drug test.

After our client underwent a reconstructive spinal surgery with embedded hardware, we obtained a jury verdict to vindicate him: $5,908,403

Top Causes of Texas Car Accidents

Texas has some of the busiest and most dangerous roads in the country. With over 4,000 fatalities and thousands of serious injuries every year, car accidents are the number one cause of personal injury claims in the state.

  • Distracted Driving – Texting, talking on the phone or adjusting in-car controls.
  • Speeding – Going over the speed limit or too fast for road conditions.
  • Drunk Driving – Alcohol related crashes are still a major problem in Texas.
  • Reckless Driving – Aggressive driving, tailgating and road rage.
  • Weather Conditions – Rain, fog and icy roads.

With millions of drivers on Texas roads, accidents are inevitable—but knowing the laws and your rights can help you navigate the aftermath better.

Texas Car Accident Laws: What You Need to Know

In Texas, the person who causes a car accident is the one responsible for paying for the damages. That’s because Texas is an “at-fault” state. Here’s what you should know about it:

Comparative Negligence: Sharing the Blame

  • Texas has a rule that lets you get some money even if you were partly to blame for the accident, as long as you were less than 51% at fault.
  • For example, if you were 20% to blame and your total damages are $100,000, you’d get $80,000.
  • Insurance companies and courts figure out who’s to blame by looking at things like traffic tickets, witness statements, and how the accident happened.

Minimum Car Insurance Requirements

Texas says all drivers have to have at least a certain amount of car insurance to pay for damages they cause.

  • The minimums are:
    • $30,000 for injuries to one person.
    • $60,000 for injuries to everyone involved.
    • $25,000 for damage to property.
  • Uninsured/Underinsured Motorist Coverage (UM/UIM): While it’s not necessarily required, it is very smart to have this coverage. It helps you if the person who hit you has no insurance or not enough. This is very important to have in Texas because a lot of people drive without insurance.

Time Limits: Statute of Limitations

  • You usually have two years from the date of the accident to file a lawsuit for your injuries.
  • Keep in mind, there can be exceptions, so it’s always best to talk to a lawyer as soon as you can.

Why the Police Report Matters

  • The police report is super important for your case. It has all the details of the accident, like when and where it happened, who was involved, and if anyone broke the law.
  • Insurance companies use these reports to decide how much to pay. We recommend you get a copy of the police report for your own records.

Common Types of Car Accidents in Texas and Their Legal Implications

Texas sees many types of car accidents, each with their own legal and financial implications.

  • Rear-End Collisions:
    • Often caused by distracted driving or tailgating.
    • Legal Implications: In general, the rear driver is assumed to be at fault but proving this involves showing the lead driver didn’t suddenly and unjustifiably stop.
  • Head-On Crashes:
    • This is among the most severe type of accident, often due to someone driving the wrong way or driver fatigue.
    • Legal Implications: Determining fault focuses on which driver crossed the center line. Evidence includes witness testimony and accident reconstruction.
  • T-Bone (Side-Impact) Accidents:
    • Usually seen at intersections, often due to a person running red lights or stop signs.
    • Legal Implications: Liability hinges on who had the right of way. Traffic camera footage and witness accounts are crucial.
  • Hit-and-Run Incidents:
    • Leaving the scene  of an accident you are involved in is a serious crime in Texas.
    • Legal Implications: These cases involve criminal and civil law. Even if the at-fault driver is found, uninsured/underinsured motorist coverage is often vital.
  • Multi-Vehicle Pileups:
    • Often seen on high-speed highways, creating a chain reaction of car wrecks.
    • Legal Implications: Determining fault can be complex, involving multiple parties and factors like visibility and following distance. Accident reconstruction is often necessary.
  • Drunk Driving Accidents:
    • Texas has a very high rate of DWI/DUI-related car crashes.
    • Legal Implications: DWI/DUI cases involve criminal charges, which can strengthen a civil claim. Punitive damages may also be awarded.
  • Truck and Commercial Vehicle Crashes:
    • Common due to the heavy transportation needs of the Texas oil and gas industry.
    • Legal Implications: These cases often involve complex regulations and multiple liable parties (i.e. trucking companies, manufacturers). Proving negligence requires expertise in federal and state trucking laws.
  • Pedestrian and Bicycle Accidents:
    • Pedestrian accidents occur when a vehicle hits people walking, riding bicycles, or riding electric scooters.
    • Legal Implications: These cases can be very complex. Drivers have a duty to yield to pedestrians and cyclist. Proving driver negligence, and or Pedestrian/cyclist negligence is very important. These cases often have very severe injuries.

Each type of accident requires specific legal strategies to prove liability and get compensation.

Common Injuries from Texas Car Accidents

Injuries from car crashes can vary in severity. Even minor crashes can lead to chronic health issues and long-lasting effects.

Physical Injuries

  • Whiplash and Soft Tissue Injuries: These injuries often involve damage to muscles, ligaments, and tendons. While they may not be immediately apparent, they can lead to chronic pain, limited mobility, and ongoing discomfort.
  • Broken Bones and Fractures: These injuries can require extensive treatment, including surgery, casts, and physical therapy. They can also result in long-term complications like arthritis or impaired mobility.
  • Spinal Cord Damage and Paralysis: These devastating injuries can cause permanent loss of sensation and movement. Victims may require lifelong medical care and assistance with daily activities.
  • Traumatic Brain Injuries (TBI): TBIs can range from mild concussions to severe brain damage. They can lead to cognitive impairments, memory loss, personality changes, and ongoing neurological problems.
  • Internal Organ Injuries: Damage to internal organs can be life-threatening and require emergency surgery. Long-term complications can include organ dysfunction and chronic pain.
  • Cuts, Bruises, and Burns: While these injuries may seem less severe, they can cause significant pain, scarring, and infection risk.

Long-Term Effects and Medical Care

Many car accident injuries require ongoing medical treatment, rehabilitation, and pain management. Victims may face:

  • Chronic Pain: Persistent pain can significantly impact quality of life, limiting daily activities and causing emotional distress.
  • Disability: Severe injuries can lead to permanent disabilities, requiring assistive devices or modifications to their home or vehicle.
  • Reduced Quality of Life: Car accident injuries can affect a person’s ability to work, socialize, and enjoy hobbies, leading to a diminished quality of life.

Emotional and Psychological Impact

Car accidents can take a significant emotional and psychological toll on victims. Common emotional and psychological effects include:

  • Post-Traumatic Stress Disorder (PTSD): This condition can cause flashbacks, nightmares, anxiety, and avoidance behaviors related to the accident.
  • Anxiety: Victims may experience heightened anxiety, fear of driving, or difficulty concentrating.
  • Depression: Feelings of sadness, hopelessness, and loss of interest in activities are common after a car accident.
  • Sleep Disturbances: Insomnia, nightmares, and difficulty sleeping are common after a traumatic event.

It’s a good idea to seek professional help for emotional and psychological stress after a car accident. Therapy, support groups, and medication can help victims cope with the emotional aftermath of an accident.

What to Do After a Car Accident in Texas: Protecting Yourself

Knowing what to do immediately after an accident can protect your health, safety and legal rights.

At the scene of the accident:

  • Ensure Safety First:
    • If possible, move your vehicle to a safe location away from traffic.
    • Turn on your hazard lights to alert other drivers.
  • Check for Injuries:
    • Assess yourself and others for injuries. Call 911 immediately if anyone needs medical attention.
  • Contact the Authorities:
    • Call 911 to report the accident and request police assistance. A police report is essential for insurance claims and legal proceedings.
  • Exchange Information:
    • Obtain the following information from all involved drivers:
      • Full name
      • Driver’s license number
      • Contact information (phone number, address)
      • Insurance company and policy number
      • Vehicle make, model, and year
      • License plate number
  • Gather Evidence:
    • Use your smartphone to take photos and videos of:
      • The accident scene from various angles
      • Damage to all vehicles involved
      • Road conditions (skid marks, traffic signals, etc.)
      • Any visible injuries
  • Witness Statements:
    • If there are any witnesses, politely ask for their contact information and a brief account of what they saw. Their testimony can be valuable for your claim.

After leaving the scene:

  • Seek Medical Attention:
    • Even if you feel fine, see a doctor as soon as possible. Some injuries may not be immediately apparent.
  • Report to Your Insurance Company:
    • Notify your insurance company about the accident, but be cautious about what you say. Stick to the facts and avoid admitting fault or speculating about the cause.
  • Consult a Texas Car Accident Lawyer:
    • Contact an experienced car accident attorney to discuss your legal options and protect your rights. A lawyer can help you navigate the claims process, negotiate with insurance companies, and ensure you receive fair compensation.

What NOT to Do After an Accident:

  • Don’t Leave the Scene: Leaving the scene of an accident, especially if someone is injured, is a crime in Texas.
  • Don’t Admit Fault: Even if you think you might be partially at fault, avoid admitting fault to anyone, including the other driver or the police.
  • Don’t Sign Anything: Don’t sign any documents from insurance companies or other parties without consulting your lawyer first.
  • Don’t Give a Recorded Statement: Avoid giving a recorded statement to the other driver’s insurance company without your lawyer’s guidance.
  • Don’t Settle Too Quickly: Don’t accept a settlement offer from an insurance company without fully understanding your rights and the extent of your damages.

Not following these guidelines can typically hurt your case.  Contact an attorney today if you need help.

Car Accident Claims & Compensation in Texas: What You Can Recover

If you’ve been injured in a car accident caused by another driver’s negligence, you have the right to seek compensation for your damages. These damages fall into two main categories:

Economic Damages: Financial Losses

Economic damages are designed to reimburse you for the actual financial costs incurred due to the accident. These include:

  • Medical Expenses: This covers all past and future medical costs related to the accident, including:
    • Hospital bills
    • Doctor visits
    • Physical therapy
    • Prescription medications
    • Medical equipment
    • Rehabilitation
  • Lost Wages: This compensates you for income lost due to missed work time as a result of your injuries. It can also include lost earning capacity if your injuries prevent you from returning to your previous job or earning the same level of income.
  • Property Damage: This covers the cost of repairing or replacing your vehicle and any other damaged property.

Non-Economic Damages: Intangible Losses

Non-economic damages are harder to quantify but are equally important. They compensate you for the intangible losses you’ve suffered, such as:

  • Pain and Suffering: This includes physical pain, emotional distress, and mental anguish caused by the accident and your injuries.
  • Loss of Enjoyment of Life: This compensates you for the diminished ability to enjoy activities and hobbies you once participated in due to your injuries.
  • Loss of Consortium: This applies to the impact of your injuries on your relationship with your spouse, including loss of companionship, intimacy, and support.

Future Medical Expenses: Planning for Ongoing Care

If your injuries require ongoing medical treatment or care, it’s crucial to include future medical expenses in your claim. These expenses are calculated based on:

  • Medical Expert Testimony: Doctors and other medical professionals can provide expert opinions on your future medical needs and the estimated costs.
  • Life Care Plans: In cases of severe injuries, a life care plan may be created to outline your long-term medical needs and associated costs.

Punitive Damages: Punishing Gross Negligence

In some cases, you may be able to recover punitive damages in addition to compensatory damages. Punitive damages are intended to punish the at-fault driver for gross negligence or reckless conduct. They are not always available but may be awarded in cases involving drunk driving, excessive speeding, or other egregious behavior.

Insurance Companies and Fair Compensation

Insurance companies often try to minimize payouts to protect their profits. They may offer lowball settlements or dispute the extent of your damages. An experienced car accident lawyer can help you:

  • Accurately Calculate Your Damages: Ensure all your economic and non-economic damages are properly accounted for.
  • Negotiate with Insurance Companies: Fight for a fair settlement that reflects the true value of your claim.
  • File a Lawsuit if Necessary: Take your case to court if the insurance company refuses to offer a reasonable settlement.

Insurance companies like to shortchange settlements but a lawyer can make sure you get compensated fully and fairly.

How Much Does a Lawyer Cost?

No Fee Unless We Win.

At Jim Adler & Associates, we believe that everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis for our car accident cases.

What is a Contingency Fee?

A contingency fee means you don’t pay us any attorney fees upfront or out of pocket. Instead, our fee is contingent upon the successful outcome of your case. If we don’t win your case, you don’t owe us anything.

How Does it Work?

  • No Upfront Costs: You don’t pay any attorney fees to start your case. We cover all the costs of investigation, litigation, and expert witness fees.
  • Payment Only if You Win: We only get paid if we successfully recover compensation for you, either through a settlement or a court judgment.
  • Percentage-Based Fee: Our fee is a percentage of the total amount of compensation we recover for you. This percentage is agreed upon upfront and outlined in a clear written agreement.
  • Transparency: We are completely transparent about our fees and how they are calculated. You’ll always know exactly what you’re paying and why.

Benefits of a Contingency Fee:

  • Access to Justice: Contingency fees make legal representation accessible to everyone, regardless of their financial means.
  • No Financial Risk: You don’t have to worry about paying attorney fees if your case is unsuccessful.
  • Alignment of Interests: Our interests are aligned with yours. We’re motivated to get you the best possible outcome because our fee depends on it.

Click here for a more detailed breakdown on car accident lawyer fees and costs.

If you have any questions, please don’t hesitate to contact us for a FREE consultation.

Car Accident Resources & Next Steps

If you need a local car accident lawyer, we serve clients across Texas, including:

🔹 Houston Car Accident Lawyer
🔹 Dallas Car Accident Lawyer
🔹 San Antonio Car Accident Lawyer

For free legal advice, contact us today.

Call Jim Adler today for a FREE consultation!

At Jim Adler & Associates, we’ve been helping injured Texans for over 50 years and have recovered BILLIONS for our clients. We handle every case aggressively and compassionately.

📞 Call 1-800-505-1414
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