It’s never easy to cope with the physical and emotional impact of a serious car wreck. Making matters worse, car accident victims often face overwhelming debt due to high medical bills and lost income. The Texas car accident attorneys at Pusch and Nguyen can alleviate the stress by answering your car accident questions and helping you and your family fight for the compensation you deserve.
Our car accident lawyers have a reputation for aggressive settlement negotiations and tough litigation. We are passionate about helping our clients recover the maximum compensation from those who have harmed them. Call us today at 713-524-8139 to schedule a free consultation.
The Houston roads are probably not the best when it comes to the safety of the motorists, and this leads to frequent accidents. Accidents leave victims in a devastating situation as they may usually get hurt severely after a grisly road accident, and this might just be the beginning.
Our lawyers will come to your aid as you will go up against several parties that will not be willing to compensate you after the accident. The insurance companies concerned and many others on the other side would best be matched with us working for you. We will have the upper hand in the court case.
After being involved in a horrible road accident, you might go into a financial loss as you will have to cover each of the medical expenses. You might also be unable to go about your daily duties, which might cause you to lose your regular income. This is because most of the people of Houston are working forks. You have to go to work daily to provide basic needs to their family. It would be disappointing if you are not able to do this because of the injuries and pain inflicted after the accident.
An accident lawyer comes to your aid and fights side-by-side with you so that you or your loved one gets the compensation they deserve. You will need to hire the best accident lawyer that you can get in Houston. Otherwise, you will not be able to emerge victorious after a court decision.
Have you been involved in an auto accident?
Houston car accident lawyers are best fitted for the job because of their aggressiveness and experience when dealing with such cases. They will be able to represent you in court. They will not rest until you get the compensation that should relieve you from frustrations that arise from them being involved in an accident. Their expertise will provide them with the technicality that should give you the maximum compensation you should give.
Surely, the person you are going up against after the accident may have a well trained and experienced accident lawyer. You wouldn’t want to go up against that with just any lawyer, so you will need to level up and hire the best you can find. Our seamless qualifications and experience in this field are useful in giving you the best services. This will guarantee you walk away with the highest compensation from whoever is responsible for the pain and frustrations that you went through after the accident.
One reason you will need the services of a Houston car accident lawyer is that you may be aware of your rights as an accident victim. You might also be in a lot of pain and thus may not be able to represent yourself in a court of law for the proceedings of the case. An accident lawyer comes through for you if you are the victim or want a loved one, as represented by the best lawyers after they were involved in an accident.
Why you should hire a Houston Car Accident Lawyer
Insurance companies are usually fond of taking advantage of car accident situations- their offers have less value. They are capable of taking advantage of victims by trying as much as possible to minimize their claim and pay them as little money as possible. People do not know that getting access to a lawyer will lead to them being compensated fairly, unlike when they decide to handle the issue on their own.
Working with a Houston car accident lawyer will give you the compensation and the peace of mind you deserve. This is crucial for mental health as it will relieve you of stress and assurance that you and your family are protected. Henceforth in case of a car accident, make the right decision and reach out to a Houston Accident Car Lawyer.
Our lawyers are dedicated to working on your case in that they will ensure that you and your family get all the insurance benefits and money you are entitled to. Below are some of the claims we will work on:
- We will ensure that we have all the needed documents and evidence that are supported.
- Having the right figures for the value of your claim.
- Ensure there is a proper filing preparation.
- Evidence when it comes to personal injuries and damages.
- Point out the individuals who might be liable to your injuries.
- Ensure that they work on the settlement offers you are entitled to.
- We file a legal claim against an insurer who takes advantage of a victim.
As discussed above, be well assured that we are the right choice for you as we will fight for you not only for material value but also for the fact that you will have proper health. Do not hesitate to contact us as we value our clients and push for you to get what you deserve. It doesn’t matter what condition you are in. You could be undergoing treatment; hence think that you are not of a sound mind to go through the claim, and that’s why we are here to represent you as you get treatment. You will get to recover without stressing out, as you won’t need extra time and energy to follow up instead focus yourself on recovering.
What to do After a Houston Car accident?
One can be confused in accident scenes and confused in such a manner that you do not know what to take. You may wonder what action you are supposed to take before the authorities get to the accident scene in cases of minor or severe damage. The most crucial thing to do is to focus on your health and rights as a victim. Below are some of the actions to consider.
* Protection – Stay calm, I know this is not as easy as it sounds. However, you could just try to be calm and collected and make the right decisions by the situation at hand. In case of a minor accident, try to reduce traffic on the road before the authorities arrive at the scene. You could move your car away from the scene to a safe spot.
* Collect as much information as possible -Try as much as you can to get the contact act information of everyone involved in the accident, you could also include witnesses. For the driver or drivers involved, get access to their license, car registration, and insurance identification card. You could also get the models of the cars involved in the crash, Note the location, time, and weather conditions. This could help a lot during the claim, and you can easily use your phone to store this information.
- Alert the police – it is crucial to inform the police on the accident as they play a significant role in an insurance claim. The police officers will make a report on the accident. Another crucial thing to note is how you give out your report to the police. Don’t own up to having made the mistake that might have led to the accident.
- Seek medical attention – You may not notice an injury during an accident. In most cases, accident victims get to feel pain days after the accident. You must seek medical attention to avoid instances of internal bleeding that may not be noticed during the accident. Visiting the hospital helps in conducting tests so that you access information about all the possible injuries.
- Contact as at Pusch & Nguyen – Reach out to us to receive the legal advice you may need before contacting your insurance company. We will ensure we protect your rights before any valuable evidence is interfered with, and we will also advise you on being fully compensated and getting the right medical treatment.
Evidence gathering at the scene of an accident
When you are involved in a car accident, the process of recovering your compensation for the losses incurred requires investigation. Investigations to take place specific proactive measures should be taken, also avoiding costly mistakes. We do have investigators who work with us, and together we join hands for perfect results. At the Houston car accident Firm, we ensure that we carry out an investigation, considering that the outcome won’t affect the settlement offered by the insurer.
Below are some of the steps to be followed while conducting investigations.
- Inspection of the accident site: investigator gathers information about the accident and specific details that occurred; they look into the accident’s location. Where the accident took place and ensuring they are investigating at the exact spot of the accident. Other factors examined are the time of the accident, the weather conditions, and the person who informed the authorities. All these conditions play a major role in identifying the cause of the accident.
- Video Surveillance: With present-day technology, a lot can be captured and used later as evidence. We have security cameras installed everywhere in the street. This is an advantage as it will be easier to get hold of evidence if the accident was caught on camera. Also, in the accident scene, people are fond of taking videos using their cameras; this can also be of great help.
- Social media: Careless driving can be easily proven in instances where an Indi dual was active in social media. For instance, if he/she just posted or contacted someone, it could be a message or a phone call just before an accident. This could easily be proven as careless driving.
- Witnesses: in accident scenes, some individuals may have witnessed the accident from a different perspective. For instance, they could have been able to see the other driver do something that may have led to the accident.
- Citations or convictions: In cases where the police respond to the accident, they are supposed to identify the conditions that may have led to the accident. The police are supposed to check on the driver’s condition, and the driver could be on the wrong side of the law. They could be involved in cases like over speeding, drunk driving, running red lights. From this, the driver can be declared guilty of the offense, thus used as evidence in your accident case.
- Expertise analysis: we can hire experts to analyze situations suspected to be the cause of the accident. The crash could be as a result of road unworthy cars or road hazards. If we suspect that a car may have been road unworthy, we hire professionals to check on the car manufacturers and determine the condition of the vehicle. Also, we hire experts to analyze road conditions. From all these, we would be able to help in providing evidence in your claim of liability.
The investigations play a crucial role when it comes to identifying whom to get insurance from. It is essential to determine whether the careless driver that caused the accident works for a company or if they are an individual driver. Also, note if they were carrying out a work duty during the accident. If the company is liable, the insurance will be of great benefit as compared to individual interest. The company will be able to provide much higher insurance policies than the personal driver.
The moment we identify the liable party and have the evidence, we present the evidence professionally to prove your claim. We also proceed to gather evidence of your damages which may include the following:
- Acquire medical bill report for past treatment
- Getting medical professionals to give a statement of medical attention you may need in the future.
- Have documents showing the number of days you missed work and lost income.
- Stamen from a medical professional explaining the effects of your injuries.
- Statement from an occupational professional indicating that you are not fit to work for a specified period.
- Statement from a psychiatrist showing assessment of your mental health.
Key Questions to ask after a Houston car Accident
After an accident and you are looking forward to reaching out to our firm, you should be able to answer the following questions that are related to the accident.
Are there injuries or casualties?
After an accident, it is of great importance that you seek medical attention. You may contact us as soon as possible as we will be able to give you the way forward on dealing with the issue at hand. It could be that you or your loved one is injured or if a loved one is deceased, we advise that you contact us without hesitating. We will be able to work out the full compensation for the injuries.
Are the vehicles destroyed?
You should not take the responsibility of repairing your car, especially if someone else was the cause of the accident. Accidents can cause serious damage to your vehicle resulting in you not being able to run your daily activities. The individual or the company involved in the damage should take full responsibility in compensating you; we are here to help you achieve that.
Are the authorities involved?
Houston police are usually spotted at most accident scenes of the ten to arrive at a scene; they should be able to determine the driver on the wrong side of the law. The police are supposed to come up with a report indicating the charges; it could be drunk driving, speeding, and phone usage while driving. All these are negligence that may lead to a car accident; with these, you do have evidence for your insurance claim.
Is medical and insurance cost to pay?
If you used your own money for your medical bills, you do have a right to seek compensation from the insurance company. We advise that you contact us immediately as your insurance company may be reluctant to compensate you.
What are the legal rights and responsibilities of the drivers?
In accident scenes, drivers are expected to stay at the scene, and they are required to exchange information with the other drivers. The information may include the car registration number, model of the car, license identification number. This will be of help during the insurance claim process. We are here to help you determine the liabilities if you are not involved in the form of negligence. You have the right to claim insurance from the other drivers. On the other hand, the driver or drivers involved in negligence are supposed to contact their insurance company to compensate the victims for their losses.
What kind of settlement should you expect?
If you are involved in an accident, and it is the other driver who was negligent, what do you do? You go ahead and file an insurance claim; this compensation will depend on the factors below:
- How serious the accident was and the seriousness of the injuries
- The amount paid for the medical bills
- In case of severe injuries, the medical experts will state whether you will need treatment even after the accident.
- If you will fit to go back to work after the accident.
- Whether you got a long term effect from the accident, for instance, disfigurements or disabilities of any kind.
- How you went through the accident emotionally, mentally, physically, the distressing moment you went through.
- The number of days you missed going to work and earnings you lost.
Contacting a Houston car accident firm will be the right choice you make as our lawyers will walk you through the journey of claiming your insurance. We are professionals, and we will relieve you of the time and energy you may encounter when you decide to work on your own for compensation. Getting the total figures of your losses may sound like an easy task, but it is very hefting and demanding as you may not know what to go for when it comes to legal rights of compensation.
Be assured that our lawyers are fully dedicated to work with you and offer the best services you may need in each and every step you will undergo in claiming your insurance.
How much to expect from a car accident compensation?
We do get this question a lot, victims asking how much money they will receive from the car accident settlement. The settlement usually depends on the situation of the accident; the accident could be minor or serious. Our lawyers will be able to assess your situation depending on the kind of accident; the assessment could be based on the medical treatment you received. This may include:
- The average cost of an ambulance ride.
- Average charges of hospital admission and the regular visit to the emergency room.
- The total cost of surgeries and physical therapies.
We handle clients depending on the accident situation and ensure they are fully compensated. Our clients get compensation from the liable party, however little or much it may be. We ensure that the negligent driver covers all the costs of the accident incurred, and you will not, by any chance, cover the costs with your own money.
How much do you get from distress experienced from a car accident?
At the Houston car accident firm, we value the wellbeing of our clients; hence, we are dedicated to the compensation of damages experienced in the accident. We assess all the documents that may show the distress you have gone through from the injuries. The distress you experience from the accident needs to be dealt with as it may be hard for you to go through alone; this may result in more pain and suffering. We are here to relieve you of the distress and go back to your normal life.
You could ask for compensation depending on the period you experienced the pain and suffering. You can know the worth of your compensation by taking note of the period you were suffering; also, the compensation may be based on the total damages you got from the accident. You could calculate the total loss experienced and claim your insurance according to it.
For our lawyers to be able to calculate how much you will receive from the pain and suffering you went through, there are important factors that determine the compensation. Contact our Houston car accident firm, and we will offer you the service that you deserve.
Insurance companies are fond of taking advantage of a client; one of the most common strategies they tend to employ is telling you to record a statement. While telling you this in mind, they tell you to make the records immediately for their own benefits. When you are rushed to make a statement, you may admit to being part of the accident’s cause, not giving exact details on your injuries.
Whatever you involve yourself with, do not make a statement to the insurance company before contacting your lawyer. To avoid falling victim to the insurance company’s strategies, do not hesitate to contact our Houston law firm for assistance.
Insurance companies are fond of pretending to be on your side; however, in the real sense, they are not as it is not in their best interest to provide you with the highest settlement as possible, and that’s why they come up with tactics that may trap you. Our lawyers will assist you in all the stages you may go through while claiming your insurance, below are some of the stages.
The insurance process
Insurance companies may take advantage of you, having in mind that you do not know your rights. They may lead you into making statements that may undermine your claim henceforth, offer very low settlements.
You may happen to believe that their offer is good as they may offer the settlement as soon as possible however this only for their benefit as they will close the case quickly, closing the case will hinder you from making future claims. We are here to help you get settlements that you deserve and of higher value.
Filing the Claim
We work with investigators to ensure the evidence gathered plays a major role in making a claim from the insurance company responsible. We go into detail when we evaluate the incidences you may have experienced, whether medical or economic. The medical journey you went through may include the transportation to the hospital, the treatment received, and the distress caused by accident. Another important aspect involves knowing the value of your damages and demand accordingly.
Dealing with Adjusters
Adjusters pretend to be sympathetic to you; however, they are not at all in the real sense. They have a way of talking to you until you may feel that they are on your side, but this is just to win your trust, and they will end up convincing you to make a statement that may pin you down during the insurance claim process.
The adjusters are usually on the alert as they may approach you just after the accident even before you reach out to them. Try not to fall in their trap as you may easily fall victim, because you may be very confused after the accident. When you decide to make a statement without consulting a lawyer, you may end up giving information that may be used against you. This may result in you being denied the settlement you truly deserve.
We advise that you should avoid giving information to the adjuster for instance,
- Giving a brief about what happened
- Giving information about your injuries
- Admitting to being the negligent driver
- Giving out a recorded statement
- Accepting the first settlement offer
Reviewing Settlement Offers
The insurance companies have strategies, and they are really good at it, especially when dealing with clients who have no clue that they have rights when dealing with insurance claims. The insurer may rush to offer you a settlement knowing very well it’s a low settlement deal. You may be so desperate by the time you accept such an offer; their timings may be well calculated as this might be the time you are so much in need of the money.
As an accident victim, you may undergo difficult times, especially the fact that you may be away from work hence a lack of income. This may result in you having no money to settle your medical bills; hence, the moment you receive an offer from the insurer, you may not think through. That is why we advise that you reach out to us before making such a decision we would be of great help.
In most cases, insurance companies look into their benefits and give it a priority; they have a strategy that will have their losses minimized. The adjuster knows how to convince a victim in a way that the victim may feel so valued by the insurance group; however, in the real sense, it is of their benefits.
Our lawyers are dedicated to assess the insurance offer and advise you if it is the settlement you deserve. At the Houston car accident firm, we are well known to be fighters, and we do get what our clients deserve from the insurers. The insurers are aware of our aggressiveness; this makes it easy for us during the insurance process. They know that we are good negotiators, and we are determined to get the highest offer that will cover our client’s losses.
We are dedicated to working with you through all the steps involved, advice on the matters arising, and, most importantly ensure that your wellbeing is looked into. All this we do before you pay us, no lawyer will demand payment before the process.
Car Accident Personal Injury Lawsuits
Insurance companies tend to deny victims covers that may involve long term disabilities. Our lawyers will work hard and ensure such situations are dismissed, and you receive the proper compensation. To achieve this, our lawyers will have the insurance company sued on a personal injury case.
Most victims tend to have a fear of testifying when it comes to a lawsuit. One may be afraid of going to court from just the sound tithe fear may also be because it’s their first time filing a lawsuit, which may cause nervousness.
Our lawyers will be able to take you through all the steps to take while filing a lawsuit; hence you should not be worried.
Starting the Lawsuit
In this case, whereby the victim has decided to take legal action against the insurance company, the lawyer will make a petition having all the accident facts in order. The lawyer should also ensure that they follow the law in consideration of the matter at hand. In this case, the victim is the plaintiff, and the insurer is the defendant, while the lawyer is the litigator.
Once the suit has been filed and sent to the defendant, the defendant will, in most cases, hire their own lawyer to defend your lawsuit. The defendant lawyer has about three weeks to give feedback on your petition. The defendant lawyer may also file an answer to ”general denial’. This is a standard legal answer; hence you should not be worried. This means that the defendant wants to be presented with the evidence of your liability claims. Our lawyer will be well prepared when it comes to responding to such issues.
The Discovery Phase
This is a phrase with strict rules and procedures, and both parties are required to follow the rules. We get to this phase if the court fails to dismiss the case. The court is presented with motions and answers; from this, it will decide whether to continue or dismiss the case.
At this stage, the lawyers have a hectic work as they will go deep into the investigation to gather evidence. Both lawyers will have to be in possession of evidence supporting their claims. The evidence may include camera surveillance, interviews from witnesses, digital evidence, and physical evidence. To obtain this, some procedures need to be followed.
- Interrogatories – These involve coming up with well-written questions that demand answers concerning your claims, protection, and identity of people who witnessed the accident.
- Requests for production -These are requests that have been written down demanding relevant documents and other physical evidence.
- Requests for admissions – These involve written requests that give individuals involved a chance to acknowledge or dispute certain statements.
The defendant party may also have the above requests presented to you. All you have to do is be well prepared and respond to such requests to avoid the penalties. For instance, if you do not respond to the request for admission in time, the court will be forced to believe that you have acknowledged the statement presented as true. This will automatically mean that you give up your defense claim. Since the situation may be so delicate, you need to have a lawyer who shows commitment when it comes to responding to the request. Also, the lawyer should be competent in a manner that they can get work done on time.
During the discovery phase, we have deposition, and this is a simple procedure that involves a session of questions asked by the council that the witness has to answer. The questions are directed to the other party or a witness who is usually under oath. In the courtroom, a court reporter is in charge of recording statements made by the witnesses or the parties involved.
It is crucial to have your lawyers during the deposition process; your lawyers will be able to advise you on what to speak about. Questions asked at depositions may include a person’s background.
Motions for Summary Judgment
After the two parties are done with their findings that may include the documented request and the depositions, any of the parties may file motions for summary judgment. In most cases, one of the parties may note that there are no important facts in dispute. Therefore, a motion for summary judgment is employed by the court as it plays a role in avoiding unnecessary trials.
A court usually grants a party a summary judgment in cases whereby the other party has been convicted for a crime, and the evidence cannot be disputed. From this, there would be no other questions of liability.
Mediation and Settlement Negotiations
The two parties may decide to settle the issue using a different method, mediation. This involves a third party who could be a lawyer or a former judge. The mediators are known to have special training; this will help make the parties get to sound decagons while negotiating.
For mediation to occur, it requires the parties to be in a room together with their lawyers and the mediator. Both parties are allowed to air out their claims. This helps the mediator to determine how the parties may resolve their differences. If the two parties come to an agreement, it marks the end of the case.
The mediation process usually starts with both sides and their lawyers together in the room with the mediator. If the mediation does not bear fruits, all the parties are advised not to use the information discussed against each other. The information discussed in the mediation room should not leave the room.
Failure to come to an agreement during mediation doesn’t mean that the negotiations should stop. Your lawyer can continue with negotiations until the trial ends.
Even if mediation sessions are unsuccessful, your attorney can continue to engage in settlement negotiations with the other party until the end of a trial. Our lawyers are fighters, and they will ensure they make negotiations until you get the deserved settlement for your claims.
The Trial Process
At the Houston car accident firm, we ensure that we are prepared for matters that may arise. For instance, we do prepare for a court appearance. In most cases, we do have this preparation to deal with insurance companies that may fail to give their clients the deserved settlement.
The first part of a car accident jury trial is jury selection, which is also known as the void dire in the legal world. During this phase of the trial, both lawyers and the judge may ask potential jurors in the courtroom, called the “jury pool.” Selecting the right jury is essential to any personal injury lawsuit. However, the jury selection process can be complex—even for attorneys! Our lawyers know how to use necessary strikes (which can be peremptory strikes or strikes for cause) to make sure you have a strong jury. The jury is most likely to be sympathetic to your injuries and rule in your favor.
The judge and the lawyer come to an agreement concerning the jury selection. Once this is done, the lawyers are given a chance to speak up in front of the jury. Once the lawyers and judge agree on a selected jury, both the parties are allowed to make a statement. This is the period when the lawyers do not have to make an argument on their cases.
After the two parties give out their statements, they will also have to present the evidence to the jury and provide an argument on the other party’s claims. The plaintiffs’ lawyer presents their statement first; this process involves the lawyer questioning the thief witness who makes an appearance to give evidence. The following process takes place,
- Direct examination involves the plaintiff’s lawyer interrogating the witness who is here to prove their case.
- Cross-examination, here the defendant’s lawyer gets to question the witness.
After all the above steps taken by the plaintiff’s lawyer, the defendant’s lawyer also gets to present their case in the same manner.
The lawyer may ask the witness questions during the direct and cross-examination. The lawyers are free to ask the witness questions about evidence. They are supposed to be equipped with statements and evidence that are in line with the rules. During the presentation, the lawyers should not hesitate to dispute the statements that violate the rules.
The judge gets to interpret the law to the jury. This interpretation is in connection with the proceeding case. After the jury hears all the evidence, the judge will read the jury instructions, which informs the jury of the law relating to the case. The lawyers are allowed to present a final statement to the jury before they go to the jury room for further discussion. When the jury reaches a judgment, they get to read it in the courtroom. From the jury’s decisions, you do not get to come up with an argument’s decision. With this, you need to make the right choice of who to represent you during your insurance claim.
With our team handling your case, be assured that we will work hard to ensure you are on the winning side, as you can see from the above procedures how hectic it can be to fight for your claims. This should not be a worry as we have skilled lawyers capable of handling the personal injury lawsuit. At Pusch & Nguyen, we are unique in that our car accident cases do not get to be in the trial. You need an aggressive litigator who will ensure that the insurance company provides a fair settlement avoiding further charges.
If you need to know how our law firm can be of help to you, we are ready to offer one of our members who would take you through all of your questions. Do not hesitate to contact us as we are available whenever you need us.
Causes and Types of Car Collisions
In-car accidents, you will be able to notice differences in the type of collision, type of drivers, and the victims. Car accident experts are of great impact in helping to determine the cause of the accident. The experts will get a conclusion from the information given by the witnesses, the condition of the car, the road condition, and many other factors.
Driver’s negligence is one of the reasons accidents occur on the roads in Houston. Several reasons that result in a car accident include;
The number of drunk driving is alarming in Houston, as much as great effort is put into creating awareness. Still, it is all in vain. The numbers are high, which shows that the drivers do not care about the wellbeing of another individual in the society, hence continue to hurt them.
In the modern world, people tend to be so much engaged in their phones that they drive while using their phones. People are so much addicted to social media hence tend to be distracted while they drive. Other distracting activities may include taking your eye off the road; for example, you may decide to check up the child’s seat belt in the rear mirror and search for an item in your bag.
Speeding on the roads has caused many accidents in the Houston area; the thought of losing a loved one in an accident is distressing. Drivers who are involved in speeding do not consider that they may hurt others or even themselves. This is because when they speed, they only think of reaching their destination on time. The figures on the accident cases are very high; the drivers should look into this before they step on the gear. Think about your family, your loved ones, when you decide to drive at a high speed. Also, you should avoid the part of the roads that are known to be dangerous.
The following are some of Houston’s most dangerous intersections based on accident frequency:
- Sam Houston Parkway at Wertheimer Road
- Main Street at South Loop
- Beechnut Street at Sam Houston Parkway
- Bassinet Street at West Sam Houston Parkway
- Hardy Road at Sam Houston Parkway
- West park Tollway at Sam Houston Parkway
- Camel Road at Sam Houston Parkway
- I-45 at Sam Houston Parkway
- Greens Road at I-45
- NASA Parkway and I-45
- Beltway 8 at I-45 North
- 610 East at I-10
You should be careful when you happen to be driving in the above areas. The intersection here is dangerous mostly for the motorist. Chances of being involved in a car crash are high as people are fond of making mistakes at intersections.
We do have different types of collisions; this is because roads experience a different crash. From the type of collision that has just occurred, we can base it as a great starting point for liability identification. Our lawyers look into the crash encountered including:
Rear-end collision occurs when a vehicle crashes into the one in front of the crash may be minor in a case where the driver was moving at low speed. The crash may also be referred to as a fender bender as it is a minor car accident. Note that it is not in all cases that the crash is minor, this type of crash may be serious to having accident victims who require medical attention.
In case of a rear-end accident, the rear e driver is the one to be blamed. In Houston, there are traffic policies that were put in place to minimize a possible number of accidents. The drivers are supposed to follow behind at a very clear distance between the vehicles on the road. From this distancing rule, the driver can easily stop without colliding with the other vehicles. So if an accident occurs in this situation, the rear driver is assumed to have been too close. Remember, this is not enough reason to make a rear driver be at fault in the crash as they can still challenge the liability.
Rear-end accidents are in most cases cost by the following ;
- Distraction on the road
- Driving while drunk
- Failed breaks
- Driving behind another car without keeping a safe distance
This occurs where the front ends of two vehicles hit each other when moving in opposite directions. These kinds of accidents are usually very serious; victims tend to have severe injuries that may lead to disability. The victims require emergency treatment as, in most cases, the accidents are fatal, especially if the victims did not wear the safety belt.
The head-on collision is mostly caused when the drivers are distracted and happen to drive the wrong way on a one-way street highway.
Many car accidents occur in remote areas, and traffic police are not always present in the areas or are very few. The drivers take advantage and break the traffic laws; the most common one is speeding. The driver, while speeding they may fail to stay centered in their lane. The driver breaks the traffic rules by being involved in actions that are life-threatening, for instance, when they decide to pass through the road when there is a double yellow line. This is against the law, and the law states that the driver should not drive on the left side of the road in a no-passing zone or the pavement located on the left side and designed to mark a no-passing zone. When these laws are breached, we get to have reports of fatal head-on collisions.
Rollover crashes are known to have a higher fatality rate than any other type of accident. The experience can be traumatizing as the victim is very much alive and gets to see how the car rolls on its side or roof. All vehicles are susceptible to rollovers to various extents.
Rollovers can occur from driver’s negligence or any other form of road encounters, including the following:
* Risky maneuvers, like taking turns of swerving at a high-speed rate.
* Single vehicle clash as another car hits the side of your car
* The vehicle tire is triggered by something on the road and pops out, leading to a rollover.
* Driving too fast on curves or turns
Above are some of the major reasons that usually lead to a rollover on the roads. Rollovers involve a single-vehicle accident or a multi-vehicle. You may be worried that your car is crashed; hence feel that you are liable; the other party may also be a liability.
These are only some reasons why a vehicle may rollover. Some rollovers involve multiple vehicles, while others only involve one car. Don’t assume you’re to blame if only your vehicle crashed, however, as another party still may be liable for road hazards or dangerous driving.
Modern cars are designed to prevent the vehicles from extreme damages; for example, the roofing is made in a way that it is strengthened to avoid crumpling in the accident scenes. However, this does not guarantee that there will be no injuries. The victims can still come out with very severe physical injuries, psychological or emotional trauma, and many others.
In this kind of crash, some people may think that it is only one party that is usually involved, this is not true. In this case, only a single car may be involved in the crash. Below are some of the major reasons that contribute to single-car crash that may be out of your hands:
When you experience an approach of another car on your side and hence forced to swerve from the road. In this case, you might not have any choice but to make a quick decision without thinking of the consequences.
In some cases, you may not be aware of the road conditions, and the road may have potholes, cracks, or something that may trigger the car’s imbalance. You may experience this at a highway while driving at high speed resulting in loss of control after maybe hitting a pothole.
Your car may suddenly experience a mechanical issue and result in you losing control on the road. The mechanical issue may include seatbelt that doesn’t work, Tires that have defects, airbags that cause injury, brakes that fail, steering that has defects.
Many encounters can lead to a single-vehicle accident; a driver may cause an accident, not knowing. For example, when an approaching vehicle that was overspeeding gets to hit you on the side. The hitting maybe too often that the driver may just continue driving, not knowing what they have caused. This will result in a hectic process in claiming your insurance. From this kind of experience, you certainly need a good lawyer to work on your insurance claim case.
If the driver of the vehicle is a family member, you do not need to hesitate to wonder if you should go for the claim. You should make your claim against the driver; in most cases, the victim is allowed to make claims against the family automobile insurance policy.
Accidents Involving Bicyclists, Motorcyclists, or Pedestrians
People may assume that traffic accidents only include two passengers. Other Passengers have involved too, for example, cyclists, motorcyclists, and other pedestrians. The law states that drivers are supposed to share the road with other people who also need to travel on various streets and highways. The motorist tends to have laws that highly protect them compared to the people using the road. When you look into it keenly, the other people using the road may not even have a defense. In instances where a driver hits these other people, in most cases, the victim sustains spinal cord injuries.
Most of these accidents occur due to the driver’s negligence. The drivers may get involved in other activities that cause distraction leading to accidents. Some drivers tend to give an excuse that while they drive, it’s a hard task to have a view of other people using the road who are people using the road users. This cannot be tolerated are it is by law that the driver should be keen when they hit the road; if not, they are considered negligent.
We discussed earlier how rear-end crashes occur basically when only cars are involved. Rear-end crash can also include a car and bicycle or a motorcycle. This can be a severe scenario as when the bicycle or a motorcycle is hit, and there is usually a very traumatizing scene. The victim, in most cases, crashes into the ground or another vehicle. This is due to the force from the car that causes the victim to fly forward. Bicycle and motorcycle accidents tend to be very dangerous because they do not have protective gear that may help to resist severe injuries.
Accidents Involving Commercial Tractor-Trailer Trucks
Commercial truck drivers usually undergo special training on how to survive on the road, considering they are driving big vehicles compared. From the training, one is given a special license. From this, we tend to assume that they are competent and won’t have an experience of negligence from them. Well, this is just an assumption that they are just like any other humans who make mistakes when it comes the driving on the road. The problem is that when they are involved in negligence on the road, the accident can be very traumatizing, and reducing the vehicle to wreck.
A scene of trailer accident can be very devastating; the roads can be closed for hours due to the matter at hand, which in most cases is not pleasing at all. A single truck can cause a number of accidents involving other vehicles on the road. This happens because of the truck’s weight and strength that cannot be withstood by the other vehicles. The people involved in the crash experience severe injuries usually need immediate medical treatment. In some cases, they are transported to the hospital using a helicopter to avoid loss of lives.
Many people die annually in accidents caused by trucks, below are some of the reason that leads to the accident:
- An error from the truck driver
- Not abiding by the Texas commercial vehicle laws.
- The trucking company may fail to hire drivers who are fit for the job
- Loading cargos in a manner that is not safe
- Failure to check out the condition of the truck.
- Malfunctioning truck parts.
Car accidents where trucks are involved are usually very complicated because several parties are suspected for the victims to lose. For such cases, you need a very skilled lawyer that will be able to note the claims that need to be filed in line with the truck company’s insurance policy.
Crashes Caused by Dangerous Road Hazards
Unworthy road conditions can lead to road accidents; people always assume that the driver only causes accidents. You should be careful when traveling on public roads, and the roads may not be in good condition leading to a crash if you fail to observe the conditions. Many road conditions result in a crash. They include the following:
- Pavement that has very big cracks
- Pavement or shoulders that have eroded
- Unclear lane markers
- Traffic signals that are not in good condition
- Lack of traffic warning signs by the road
Construction workers can be so negligent at their work sight, not knowing the impact they may have on the road when it comes to the cause of the accident. During construction, the worker may fail to put up signs that show the area is under construction, sometimes they leave the tools on the road.
It is very important that you have a skilled lawyer because the person responsible may be the government, and making a claim to the government may not be that easy. There may also be third parties to be blamed, hence a situation whereby blame is shared. The rules here will be very sensitive as you will need to carry out the claim according to the responsible party.
Crashes Caused by Defective Vehicles
Car manufacturers that produce defective vehicles tend to contribute a lot in serious car accidents. The companies have the capability of producing a high number of vehicles for the market. The companies are responsible for looking into their products and ensuring that they are efficient for the customers. From observation on how a high number of the car are purchased daily, it is evident that not all of them are inspected in the proper way needed.
From the lack of proper inspection from the companies, cars are released to the roads with defects that may cause severe crashes. Some cars possess features that should function as a protective element instead cause injuries to the victim. A good example is the Taketa airbag; this airbag, instead of providing protection it caused the injury. It emitted metal shards that caused severe injuries and several deaths.
In cases where it is clear that your car was defective hence the cause of the accident, the company involved in producing the car will be responsible. Going for big companies for compensation claims may not be that easy, and you may be hesitant to go for your claim from them. At a Houston car accident, we have the right lawyer who is skilled and will be able to help you with your claims from the careless manufacturers.
We Handle ALL Types of Car Accident Cases!
At Pusch & Nguyen, we are highly skilled with vast experience in providing quality service to our clients. We have encountered all forms of a road accident; with this, we have been able to come up with solutions on the matters at hand. We have dealt with different kinds of victims, for instance, an incident where our client was in a car of a negligent driver, drivers who have been hit by other cars. We are here for everyone in the community. We also work with cyclists, motorcyclists, and pedestrians. If you are involved in an accident, do not hesitate, reach out to us, and we will give you the service that you deserve when it comes to a settlement with your insurer.
Common Houston Auto Collision Injuries
A car collision can be very serious as in the process, and injuries may spread to your entire body parts. During the crash, in an instance where you make a stop, and the other driver hits you, there will be an experience of serious injury. You will be moving in the vehicle experiencing a series of injuries despite having protective gear in the car. Protective gears such as the airbag and the seatbelt may help you from other injuries; however, on the other hand, they also inflict other injuries.
When you get into your car, it is important to adhere to protective measures, for example, putting on your seatbelt. This can be of great help if you happen to be involved in a car crash, as you are aware of accidents when your car stops, you tend to hit your body on parts of the car. A head-on collision is known to be one of the worst accident experiences; they are so devastating.
From the above scenario, one may have long term disabilities from the accident. The victims must get emergency treatment; in such cases, you should not take chances to call the medics. A second or minute can change someone’s life. The accident may result in the following medical conditions. Some injuries may just heal after a few days from the accident; other conditions can be permanent, for example, catastrophic injuries. These are injuries that cause permanent damage; a good example is the spinal cord injury.
Below are some of the car accident injuries that our lawyers have come across when dealing with clients.
Head injuries can be very devastating when you hit your head on any object, resulting in a skull fracture. The skull fracture can occur with brain damage and even permanent disfigurement. The fractures can also extend to the different parts of the face. This may include the nose and the jaws. From this injury, one may experience a low esteem moment as surgery may take place, resulting in a complete transformation, which may be a positive or a negative effect. Also, an individual’s normal life may change as they will be forced to have their jaw wired shut for several months. Head trauma can also be the cause of eyesight problems, which result in partial blindness. Dental damage may also result from the accident. The victim may go through a difficult time as dental surgeries are costly. From this situation, they don’t have a choice but to just go for the treatment.
Head injuries are usually sensitive, especially when they lead to a situation where the brain gets affected. If there is a direct trauma impact to the head, brain damage may occur. The functioning of the brain may be affected if the brain tissue sustains injuries. When the brain’s functioning is affected, a victim may start to behave in a manner that clearly shows damage to the brain tissue.
Traumatic brain injuries (TBIs) can range from mild (including concussions) to severe. Severe brain injuries can render a victim unconscious for a long period, leaving them in a coma in the intensive care unit (ICU). TBIs can also cause the brain’s dangerous swelling, which can increase intracranial pressure to a life-threatening level and may require the surgical removal of part of the skull. Many TBI victims require a lengthy course of treatment and rehabilitative therapy. For many brain injury victims, life will NEVER be the same again.
Neck and Back Injuries
The Back and Neck are body parts that are vital to the upper body part, and they are the ones that ensure movements and support of the upper body. Injuries of the back and neck can limit the ability to move around. Injuries of the soft tissue of the neck are usually referred to as “whiplash’ injuries. There is a history of whiplash being exaggerated in car accidents because the attorneys take it very seriously as they know the effects are serious. Some parts of your back can be injured in a crash, some of them are disc injuries, fractures, dislocation, and strained muscles. Injuries sustained at the back have serious effects like keeping someone off from lifting objects and walking properly. It might require someone to keep away from some activities such as sports, exercising, and doing house chores. Neck and back injuries will require one to treat them in various ways as doctors directly can be via surgery or physical therapy.
The chest contains most of the body’s vital organs, which is again protected by the rib cage. The organs can be damaged if, for example, a victim of a car accident suffers trauma to the chest area. This is because it might fracture multiple ribs, which means there is no protection to the chest’s vital body organs. If such happens, it might cause a person to suffer punctured lungs, damage to the heart, or even worse, lead to a heart attack. If an injury happens internally, it can lead to hemorrhaging and a buildup of blood inside the chest cavity. Generally, chest injuries require immediate treatment and trauma care.
The abdomen houses many vital organs of the body; hence it plays a major role in someone’s body. Some of the organs include kidneys or gastrointestinal liver and spleen. The organs can suffer a rupture or damage due to an accident that can also fracture the lower spine, hips, or pelvis. Fracture to the organs might be painful and take some time to heal. It can be worse if it happens to the elderly people because it might require replacement of the hips and other surgical procedures and might take some time.
Leg and Knee Injuries
There are many other parts of the body that, if injured, can prevent someone from walking normally even though it is the knee and Leg, which are essential for moving around. If an accident occurs and the legs stretch or move in unnatural ways, it might cause soft tissue damage. This means the accident might cause strains, sprains, or tears to the ligaments, tendons, or muscles. It is very common too during an accident for the victims to strike the dashboard with incredible force even if the victim had the seat belt secured. Most injuries to the knees will require surgery, which takes a while to recover; the knee injuries include meniscus or ACL. Some of the leg or knee injuries do restrict physical activities for life to prevent further damage.
Hand and Foot Injuries
Hand and foot play a major role in our body as we use it from walking and doing most of the day-to-day tasks. This means hand and foot injuries require medical attention to ensure that it heals fast and you can work and do the everyday tasks to avoid getting frustrated. A car accident can cause strains to the wrists, hands, fingers, toes, feet, and ankle. It can also cause fractures and strains.
Spinal Cord Injuries
The spinal cord connects the brain’s signals to various parts of the body through the nervous system. Car accidents are the leading cause of trauma to the spinal cord since the spinal cord connects to the brain’s signals a car accident which disrupts the spinal cord may lead to losing sensation and movement abilities in the parts of the body below where the injury has occurred. Lower spinal injuries can cause temporary or permanent paralysis in the legs, bladder, bowels, and reproductive system during an accident. At the same time, upper spinal cord injuries might occur and cause paralysis in the arms, torso, legs, and organs such as the lungs. Spinal injuries can cause permanent disablement of victims because they are catastrophic, and most of the time, victims are not able to walk and work again.
Whenever one suffers from various injuries resulting from a Houston vehicle collision, it is advisable to have a professional medical examination as soon as possible. The extent and type to be diagnosed with any injuries or to confirm and be sure that no injuries occurred. When the accident happens, and you do not think you were injured. It is advised still to visit a doctor or other qualified medical professional. We as Houston Car accident law firm may be able to assist you if you are involved in an accident and don’t have health insurance. There are extensive medical treatments which the victims involved in a car accident undergo. They include the following: –
- Urgent facilitation of transportation via ambulance or Helicopter
- Urgent room provision for diagnostic testing and stabilization.
- Doctors detailed checkup for follow up treatment
- Admission to the hospital for injuries that require being monitoring or surgery
- Admission to Intensive Care Unit for patients whose condition becomes worse and are unconscious following the crash.
- Medial operation as surgery to repair organ damage, strain, sprain, fracture, and any other medical operation needed.
- Rehabilitative therapy can help one learn how to live with injury and carry on daily tasks without further damage and help strengthen the injured body.
- Provision of medical equipment and medicines administered to help manage the pain, prevent infection, and assist in a movement without further damaging the injury.
- Provision of home healthcare for patients who might require to be assisted at home.
- Full – time patience care while in recovery and assistance is needed with living rehabilitation facilities.
Medical care costs can be timely, costly, and that is why some victims involved in a car accident may prefer to ignore it. However, if it goes untreated, it may worsen, and insurance companies may try to avoid compensation in such situations. We, as Houston car accident insurance firm, advise you to focus on your health and leave the rest for us to handle.
We help clients who sustained a wide range of injuries, from contusions to life-altering spinal cord injuries and paralysis. Whether you need one trip to the emergency room or years of ongoing medical treatment, you deserve to recover at the costs of the person who caused the accident. We want to ensure that medical professionals properly diagnose and treat the injuries, so you don’t suffer unnecessary complications. We fight for full financial recovery for every client, so you don’t have to choose between paying medical bills and taking care of your health!
Whether you sustain injuries ranging from contusions to life-altering spinal cord injuries and paralysis, we at Pusch & Nguyen take good care of our clients. When you put your needs at our service, we believe that one deserves to be catered for if someone else caused the accident. We try to ensure that clients don’t suffer unnecessary complications due to professional medical negligence or improper diagnosis. We avoid the client from choosing from whether to pay medical bills and taking care of their health by fighting for a full recovery for each and every client.
Learn All the Ways Our Houston Car Accident Lawyers Can Help!
Do not hesitate to reach out to us. Our legal team can evaluate your rights, and we will always be honest with you regarding how much compensation you deserve.
We at Pusch & Nguyen, ensure that you get everything clearly with no doubts. We will be honest with our client regarding how much compensation a client deserves. Our legal team will do that by evaluating a client’s rights.
Insurance companies are known for strategizing on how to deal with clients who, most of the time, don’t know their rights hence take advantage to give out a low settlement. Kindly get in contact with us today to avoid being taken advantage of by insurance companies when an accident occurs, and the victim is unfamiliar with the law. Our legal team is aware of all the tricks insurance companies use to take advantage of clients.
Frequently Asked Questions (FAQs)
The process of seeking compensation might be complicated and hectic unless you have legal training or have had experience with car accident claims. Insurance companies and adverse parties do not make it easy to recover fully financially since they find it hard to hand over the money. Since it is not easy to get compensation, many car accident victims have many questions to make them understand why. We have below answers to some of the most regularly asked questions; however, feel free to contact our office directly to discuss your specific situations.
Should I get a lawyer for a car accident?
The law does not require someone to hire a car accident later in case of an accident. As discussed above, there are so many benefits of hiring a car accident lawyer. The car accident lawyer will make sure while you are healing in peace while the lawyer handles insurance claims or lawsuits. After a car accident, it’s stressful for the victims, so it will be better to let us take care of the legal process.
Reality is that victims who have hired car accident lawyers get better compensation as compared to the victims who are not represented. We do have a skilled legal team to represent the victim and fight for more compensation when needed. Usually, it is easy to accept the compensation given until one realizes it could be better compensated as compared to what was offered. The car accident lawyers make sure they push for a client not to get less than they deserve.
How much does a car accident lawyer cost?
Car accident victims, in most cases, do not bother to call an attorney, the main reason being concern about how much it will cost them. As opposed to what many think that the car accident attorneys are expensive to hire, we do not charge exorbitant hourly fees. We do understand that the victim in a car accident should receive payment and not PAY. With that in mind, we handle car accident cases on a contingency fee basis.
A contingent fee means the following:
- During the consultation, there is no fee required
- Until our client has a successful compensation, we do not charge the client
- We do not take payment from a client’s pocket; we do wait and get it from the client’s settlement.
- ANYONE can afford to hire the right lawyer for a car accident claim. This is because someone does not need extra money on hand to hire a car accident attorney.
What if I made a mistake on the road?
Most drivers often assume they have no right to compensation, and they do not even attempt to file a claim. They think they made a mistake before the crash, which a vast mistake often made. Our lawyers know that even if a driver makes a mistake, the driver might be able to receive the least partial recovery compensation. This is because the car accident laws in Texas are not that simple.
If a victim has some degree of fault in the accident, there is a legal concept that is applied referred to as ‘Comparative fault.’ Different states have different ways of dealing with the situation, but most states, including Texas, use a ‘Modified comparative fault’ standard to such cases. If this standard is plied, it allows the car accident victims to get some compensation even if they also made a mistake. This rule recognizes that when someone is at MORE fault than you, they still are held partially liable for your losses. Keeping in mind that different states have different laws in regards to comparative fault and contributory negligence, it is wise that you hire an experienced lawyer.
There is a rule that modified comparative fault follows the 51 percent bar rule. It states that a person does not have the right to seek compensation for their accident-related losses if they were at 51 percent responsible for causing the accident. One has a right to recover some compensation for their injuries if, on the other hand, the victim is 49 percent or less at fault.
To determine how much a victim can recover under modified comparative fault will depend on the degree of fault, someone contributed to the crash. The Insurance Company or a jury at trial can determine the percentage; however, when the insurance company determines the percentage, it can be negotiated by the attorney. You can seek recovery for your losses minus your percentage of fault if you are less at fault than the other party. This might seem confusing; therefore, you might need a skilled attorney to represent rights if you also contributed to the crash; it’s usually a complicated legal issue.
Remember to discuss your accident with a car lawyer because you can trust a lawyer and evaluate your real right to compensation. Usually, it is NOT automatically true what the insurance adjuster tells you, better depend on the attorney. We push to make sure a client gets the full amount you deserve. We can provide evidence to the insurance company to prove that the policyholder was more at fault, this to make sure you get compensation if you deserve the payout.
Should I accept a settlement offer?
Trust us-The Insurance Company KNOWS the stress you can go through after a car accident and might take advantage of that. We make sure that this doesn’t happen. It is common to have financial stress after a car accident. It leads to many people accepting a settlement offer from an insurance company as soon as they can without consulting to know if they deserved more. The stress of bills piling up and the desire to settle them as quickly as possible might cause this.
Insurance companies will always want to pay out as little as possible to victims since the insurance companies are businesses that want to maximize profits. The settlement offered by insurance companies usually starts very low, hoping one accepts it. Since most people won’t check as soon as possible, they will accept initial offers, or they will take them because the adjuster falsely earned their trust. It may result in ongoing financial concerns and costs for some time.
Once you accept a settlement offer, you waive your rights to seek more compensation afterward, so it means you have closed the deal once you accepted the check. If the expenses you incur surpass what you took as compensation, you have no right to go back and ask for more. For you to avoid regretting after accepting compensation from an insurance company, you should contact our office to advise and fight for the amount you deserve on your behalf.
Should I see a doctor even if I feel okay?
Usually, the impact of collision might jolt your body in unnatural ways and cause you to be mentally traumatized. After a crash, the victims do not expect to have solutions for a while. This might cause the victim to encounter serious injuries. Generally, car accident experiences can be traumatizing.
Instead of going to the emergency room to be attended to or seek urgent care after a car accident, you may justify going home. You might have a concussion that might make you disorientated, or you might have a soft tissue injury or fracture, and you think you are just stiff or sore. Complications can arise and become worse if the injuries go untreated, which will take longer to heal.
After a car accident, to avoid injuries from going unnoticed, you should go and seek medical care can assist you physically. This is because the doctor will record your diagnoses, which can be used to prove the full range of injuries.
What happens in a personal injury lawsuit?
After most car accidents, people usually file an insurance claim with the insurer of the negligent party. However, it is not always possible to ultimately settle every case through the insurance process. You have the right to file a personal lawsuit in civil court against a party that negligently caused your car accident injuries; the law provides this right.
The lawsuit process can be very complicated and hectic, and there are many steps involved in procedural rules and substantive laws in every case. To each personal injury, there are different steps which include the following:
- The preparation and filing of the petition
- Ensuring other necessary motions are filed
- The discovery process, this entails obtaining the detailed information and evidence from the other party
- The negotiations of terms of the settlement
- Trial process
An attorney who knows how to advocate for your trial aggressively is necessary after a car accident, even though most of the personal injury cases settle out of court. In most cases, you might not know if a personal injury lawsuit is necessary for your situation.
How long do I have to file a lawsuit for injuries or property damage?
After a car accident, it is reasonable to take time to tend to your physical health and limitations. You might think that starting a legal case is only going to add stress. However, you don’t have an unlimited amount of time to take action.
Every state has its laws regarding statutes of limitations in car accident cases. A statute of limitations is the time limit you have to file a valid lawsuit. For personal injury and property damage claims arising from car accidents in Texas, you have two years from the accident date to file a petition (with limited exceptions). Two years may seem like a long time, but you would be surprised at how many people let the statute of limitations expire on their car accident cases because they delayed taking action.
Always remember that by calling an attorney, you are NOT adding stress. Instead, our goal is to relieve the stress of your legal claim from you and handle every aspect of your case ourselves. The sooner you call after your crash, the better.
How long do I have to file a lawsuit for injuries or property damage?
It is normal to take time to tend to your physical health and limitations after a car accident. As much as you might want to take time to start the legal process due to stress and maybe health issues, you should be aware you don’t have an unlimited amount of time to take legal action.
Depending on the state, different states have different laws regarding statutes of limitations in the carcass. The limit you have to file a valid lawsuit is referred to as a statute of limitations. In Texas, for personal injury and property damage claims arising from car accidents, you have two years from the fate of the accident to file a petition, thus with limited expectations. Two years for many sounds a lot of time, but most people are relaxed and let the statute of limitations expire on their car accident cases.
Our goal is to relieve the stress of your legal claim from you and handle every aspect of your case ourselves. Therefore, call an attorney as soon as an accident happens to help you relieve the stress and hectic legal process from your hand.
Should I hire a lawyer for a minor car accident?
Minor accidents (fender-benders) can be very inconvenient even though not life-changing. It might lead to a loss of time and surprising losses. The time to follow up with repairs, incur bills, maybe see a doctor can pile up quickly. It may lead to you losing some hours from work, which may result in loss of income.
It doesn’t matter how much you lose, could be much or less; this gives you the right to recover from parties who are at fault. You should not hesitate to collect compensation for minor losses as insurance exists for a reason, and your compensation is essential. Usually, insurance companies don’t take these claims seriously. Insurance tries to get rid of you by offering a small amount of compensation, leaving you with expenses that exceed the compensation which forces you to pay from your pocket. Hiring costs nothing upfront, and the lawyer will help you get the compensation you deserve no matter how minor claims may seem. In case you don’t need a lawyer, our legal team will be honest and advise you about that, remember there is no amount you have paid upfront. You should not hesitate to call even for a minor accident.
Should I get a lawyer for a car accident that wasn’t my fault?
Even if we try to be very safe while driving and follow the rules set by traffic laws, we still can get involved in a road accident and suffer injuries. This is because we cannot control the actions of another driver on the road who might make errors, causing an accident that involves you. In this case, when the other party violates traffic rules, you should not have to pay for their mistakes.
In most cases, the other party does not easily admit they were to blame for a car accident. That is when you will need evidence to support your claim that someone else was negligent and not your fault. You may require many resources that you might not have to prove liability for a car accident. When the evidence is not sufficient, or proof is not proper, you may receive less compensation than what you deserve or even no compensation. This is why you require a legal professional with experience in proving fault in arc crash cases.
You should call our office to review the details of the accident and see exactly what happened when you think someone else was responsible for your accident. The legal option to receive competition will be determined by our legal team and advice on your rights. After a car accident, most people can be confused and not know where to begin with the legal action. We are here to make the complicated process very easy and less hectic for you. So please get in contact with us as soon as possible.
Get Answers to Your Questions from an Experienced Houston Car Accident Lawyer
Our legal system is a little bit complicated. It does not make it easy for victims to know their rights, so it’s natural for the victims to have many questions. The best legal option will depend on your specific situation since there are many laws involved in arc crash claims. It is advisable to let our legal professionals evaluate your circumstances and advise on the best legal option to proceed with.
We have a goal to protect your rights at our law firm; we also pride ourselves on being honest and straightforward with every potential client. You can count on us to never back down when it comes to our client’s best interest and protect it. Kindly contact us as soon as possible for you to learn about your rights and options that will protect and care for you.
Auto collision statistic
The data realized by the National Highway Traffic Safety Administration shows that 2.3million persons were injured nationwide in automobile accidents in a single year. The following information provided by the Texas Department of Transportation is usually based on reportable Texas crashes in a single year; they are as follows: –
- In one year, there were 13,675 with a severe injury resulting from crashes; 17,152 people sustained a severe injury in a single year.
- The prior year the death toll had increased to 3,534 deaths as compared to 3,408 deaths, an increase of 3.70 percent.
- The roadways had a fatality rate of 1.42 deaths per hundred million vehicles miles traveled.
- Every 2 hours and 29 minutes there is a death of 1 person
- Every 2 minutes 13 seconds one person gets injured
- Every 66 seconds there is a report of 1 crash
Driving in the Houston area, there is a probability of dealing with traffic and unsafe drivers. The risk of a car crash may be far higher than you might imagine, this is according to a recent report realized by Houston State of Safety report. In fact, in the past five years, there has been a steady increase in the number of crashes in the Houston-Galveston area. The report, therefore, suggests that each year you continue driving in the area, you increase your chance of getting involved in an accident and having injuries. In recent years, the number of car accidents has exceeded 131,000, causing more than 3,000 serious injuries and 715 deaths.
Wrongful Death Claims
Unfortunately, in tragic cases, the victims do not survive their injuries, meaning they cannot pursue an insurance claim or lawsuit. The negligent party still should be held liable for the devastating loss even though the victim did not survive to follow up on the claim. Texas law allows grieving family members to file a wrongful death claim to recover financially for their losses. Even though the claim will not bring back life to the dead, it might be comforting for the grieving family to see justice prevail.
The death claim requirement is almost the same as the personal injury claim. The other party is responsible and held for negligence and causing the accident and death. Not anyone can file the wrongful death claim, the following below can file: –
- The surviving spouse
- Surviving children of the deceased, they include adopted and adult children
- Surviving parents of the deceased including adoptive parents
The people named above may file a claim on their own, or a group of them may choose to file the claim together. The filing period limit is three months after the date of death if after the expiry of the period a family member does not file a claim the person represented or executor of the deceased person’s estate may file the claim instead unless a surviving family member requests that they not file the claim.
In the case that the driver involved in the accident causing the death is convicted, that will be done in a criminal court, the conviction has nothing to do with the compensation of the family members. The family to be compensated will have to file the claim in a civil court separately. The civil court can go on whether the criminal case has been filed or not, and it does not matter, it can even happen simultaneously. The criminal case might impose justice to the driver and might get time in jail; the civil cases, if successful, might result in monetary compensation.
Due to deaths caused by car accidents, wrongful death damages compensate the surviving family members for the losses resulting from death in the accidents. Damages in wrongful death case may be for the following:
- Loss of financial contribution by the deceased as there are no more earnings from the deceased.
- Lost services and support, whether physically mentally or emotionally, which was provided by the deceased.
- Loss of love, comfort, and companionship from the deceased to the family and society,
- Loss of inheritance maybe the deceased was saving for the future to leave to an existing family.
In some wrongful death claims, some families will not only want to get compensation but to punish the wrongdoer for ensuring it does not happen again to someone else. This is called exemplary damages which the family may seek. The plaintiffs may recover exemplary damages when a wrongful death occurs due to a willful act or omission of the defendant or because of gross negligence. The exemplary damages do not exist to compensate the family in terms of money.
The court will determine the proportion of how the family members split damages from a successful wrongful death claim. While mourning and grieving, the family should keep in mind that filing of the claim has a limited period that might expire. Different states have different time limitations; Texas requires wrongful death claims to be filed within two years after the date of death. The family needs to contact an attorney to help start with the legal actions as they grieve and make sure the attorney ensures the limitation of time does not expire. It relieves the family of all the legal hustles and takes the family through the process.
Contact Our Experienced Houston Auto Crash Attorneys Right Away!
It is advisable to contact the skilled Houston auto accident, legal team. At Pusch & Nguyen Houston car accident law firm if you get involved in an accident or lose a loved one, the legal team will discuss your case and determine if anyone is liable for your damages and fight for maximum compensation on your behalf. The auto collision team at Pusch & Nguyen, is excellent and professional at engaging insurance companies to get the best compensation you deserve to get, and if the insurance company refuses to reach a settlement, file a lawsuit on your behalf. You will want the team of auto collision attorneys, and legal professionals at our Houston car accident firm to protect your rights, especially since Houston auto accident laws can prove to be complicated and difficult to navigate.
Houston Auto Collision Laws
Only a Houston auto accident attorney can apply the appropriate laws and regulations to your case. However, it is still important for all Houston drivers to know the laws that apply to most auto accidents, including the following:
Sec. 550.021. ACCIDENT INVOLVING PERSONAL INJURY OR DEATH.
(a) The driver of a car that is part of an accident that leads to or is likely to cause an injury or death of an individual shall:
(1) Ensure that they stop their car at the accident scene and are at a safe place that is close to the accident scene.
(2) In a case where the operator drove away from the accident scene, they should go back to the scene immediately.
(3) Check if the person involved in the accident needs your help, could be in terms of contacting the authorities in charge of medication, or you could give out basic aid.
(4) Remain at the scene of the accident until the operator complies with the requirements of Section 550.023.
(b) An operator of a vehicle required to stop the vehicle by Subsection (a) shall do so without obstructing traffic more than is necessary.
(c) A person commits an offense if the person does not stop or does not comply with this section’s requirements.
Sec. 550.022. ACCIDENT INVOLVING DAMAGE TO VEHICLE.
(a) Except as provided by Subsection (b), the operator of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by a person shall:
(1) Immediately stop the vehicle at the scene of the accident or as close as possible to the scene of the accident without obstructing traffic more than is necessary;
(2) Immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; and
(3) Remain at the scene of the accident until the operator complies with the requirements of Section 550.023
Sec. 550.026. IMMEDIATE REPORT OF ACCIDENT.
(a) The operator of a vehicle involved in an accident resulting in injury to or death of a person or damage to a vehicle to the extent that it cannot normally be and safely driven shall immediately by the quickest means of communication give notice of the accident to the:
(1) Local police department if the accident occurred in a municipality;
(2) Local police department or the sheriff’s office if the accident occurred not more than 100 feet outside the limits of a municipality; or (3) sheriff’s office or the nearest office of the department if the accident is not required to be reported under Subdivision (1) or (2) …
Sec. 16.003. TWO-YEAR LIMITATIONS PERIOD.
(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
(b) A person must bring suit not later than two years after the day the cause of action accrues in action for injury resulting in death. The cause of action accrues on the death of the injured person.
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At the law firm, we are available throughout, you cannot miss us, and we are here to attend to your needs at any time. Do not hesitate to contact us as our consultations are free.
Our legal team is very dedicated to your needs; we are here to walk with you through the journey as much as devastating it may be. We will ensure you receive the compensation that you sincerely deserve, be it in terms of medical or economical.