Houston Car Accident Lawyer

What are my rights in a car accident in Texas?

Getting injured due to another person’s negligence in Texas can be a terrifying ordeal. Those dealing with the pain and uncertainty that often follow being injured in an accident can be assured of a few important rights. 

1. The right to fair compensation. If someone else's negligence caused the accident, you have the right to seek compensation for medical expenses, lost wages, property damage, pain and suffering, and more.
2. The right to file a personal injury lawsuit. If you can’t reach a fair settlement with the insurance company, you have the right to file a personal injury lawsuit against them or the at-fault person.
3. The right to reject low or unfair settlement offers. Insurance companies often attempt to offer low settlements to minimize payouts. You have the right to reject these offers and negotiate for a fair amount.
4. The right to legal representation. You can always hire an attorney to represent you, negotiate with insurance companies on your behalf, and build a strong case to help ensure you’re fairly compensated.
5. The right to compensation even if you were partially at fault. In Texas, you can still recover damages even if you contributed to the accident, as long as you were not more than 50% at fault. This modified comparative negligence rule means many accident victims who think they have no case may actually be entitled to significant compensation.

Although it can feel like your life has been derailed, with the right advocate in your corner, you can get things back on track. It can be difficult to pursue justice to the fullest extent when you’re dealing with an injury, but a good attorney can advocate for you and help defend your rights when you need it most.

Think the accident was partly your fault? You could still recover compensation. Let our Houston car accident lawyers review your case for free and fight for every dollar you deserve.

Common injuries from car accidents

Car accidents can result in a wide range of injuries, from minor to life-threatening. No matter the severity of your injuries, you should take your symptoms seriously and seek medical care. Some of the most frequent injuries include:

• Head and brain injuries are among the most serious consequences of car accidents. These can range from concussions to traumatic brain injuries that may have long-lasting effects on cognitive function, memory, and daily activities.

• Neck and spinal injuries including whiplash are extremely common in rear-end collisions. More severe spinal cord injuries can result in partial or complete paralysis, requiring extensive medical treatment and rehabilitation.

• Amputations and crush injuries are possible when there is a severe car crash where a limb is crushed or severed.  These injuries often lead to permanent disability, require extensive surgeries and may result in lifelong use of prosthetics.  

• Chest injuries can occur when the body impacts the steering wheel, dashboard, or seatbelt during a collision. If you're experiencing chest pain after a car accident, it's crucial to seek immediate medical attention as this could indicate serious internal injuries.

• Broken bones and fractures are common in high-impact collisions, particularly in the arms, legs, ribs, and pelvis. These injuries often require surgery and extensive physical therapy.

• Soft tissue injuries including cuts, bruises, and muscle strains may seem minor but can cause significant pain and limit mobility for weeks or months after an accident.

Remember, you don't pay unless we win your case, so there's no financial risk in consulting with our team about your injuries and the compensation you may be entitled to.

Types of car accidents

Different types of collisions create different injury patterns and legal considerations. Our Houston car accident lawyers have extensive experience handling all varieties of crashes:

• Rear-end collisions are the most common type of car accident, often caused by distracted driving, tailgating, or sudden stops. These accidents frequently result in whiplash and other neck and back injuries.

• Head-on collisions are among the most dangerous types of accidents, often resulting in catastrophic injuries or fatalities. These typically occur when a driver crosses into oncoming traffic.

• Side-impact crashes (T-bone accidents) happen when the front of one vehicle strikes the side of another, often at intersections. These can be particularly dangerous for occupants on the side of impact.

• Multi-vehicle accidents involving three or more cars can be complex from both a medical and legal standpoint, as determining fault becomes more challenging with multiple parties involved.

• Commercial vehicle accidents require specialized legal expertise due to their complexity. If you've been hit by a truck, the stakes are often much higher due to the severity of injuries and multiple potentially liable parties.

Common causes of car accidents

Most car accidents are preventable and result from driver error or negligence. The most common causes include:

1. Distracted driving has become one of the leading causes of accidents, with texting while driving being particularly dangerous. Even a few seconds of inattention can result in a serious collision.

2. Speeding reduces a driver's ability to react to hazards and increases the severity of crashes. Speed-related accidents often result in more serious injuries and higher settlements.

3. Driving under the influence of alcohol or drugs significantly impairs judgment, reaction time, and motor skills, making accidents much more likely.

4. Reckless driving including aggressive behavior, road rage, and ignoring traffic laws puts everyone on the road at risk.

5. Weather conditions like heavy rain, fog, or ice can make driving dangerous, but drivers still have a responsibility to adjust their driving accordingly.

• Houston's frequent heavy rainfall and sudden thunderstorms create particularly hazardous driving conditions — combined with our notoriously congested highways like I-45, I-10, and the Beltway, these weather events often lead to multi-vehicle pileups and serious accidents. Jose Calderon and his team understand how Houston's unique traffic patterns and weather challenges contribute to accidents, giving them specific insight into building strong cases for local drivers.

6. Poor Road Conditions including potholes, construction zones, and missing signs can also contribute to accidents.  While drivers are responsible to operate their vehicles safely, in some cases government agencies or contractors may be held responsible for failing to maintain safe roads.

7. Failure to yield or unsafe turns are one of the most common causes of intersection accidents.  Running red lights, ignoring stop signs, or making unsafe left turns can result in T-bone crashes that leave victims with catastrophic injuries such as amputations, crush injuries, or permanent disability.

8. Vehicle defects including brake failure, tire blowouts, or other mechanical issues can cause accidents. In these cases, the manufacturer may be held liable.

Regardless of the cause, if someone else's negligence led to your accident, you deserve compensation. Contact Calderon Law Firm for a free consultation in English or Spanish — you don't pay unless we win.

Car accident damages available to victims

When you're injured in a car accident caused by someone else's negligence, Texas law allows you to seek compensation for a number of types of damages — but you’ll need an experienced car accident attorney to fight for them.

1. Economic damages are meant to cover your financial losses and include things like medical expenses (both current and future), lost wages, lost or reduced earning capacity, property damage, rehabilitation costs, and other out-of-pocket expenses.

2. Non-economic damages are intended to compensate for intangible losses such as pain and suffering, emotional distress, PTSD, loss of enjoyment of life, and loss of consortium (impact on your relationship with your spouse).

3. Punitive damages may be awarded in cases involving gross negligence or intentional misconduct, such as drunk driving or reckless street racing.  While these damages are less common might be the lessthough these are less common in car accident cases, when they are awarded they serve to punish the wrongdoer and deter similar behavior.

The total value of your claim will depend on the severity of your injuries, the impact on your daily life, and the degree of the other party's negligence.

Overwhelmed by medical bills and lost wages? Jose Calderon and Calderon Law Firm can fight to recover the full compensation you deserve, and you don’t pay unless we win.

Do I need a lawyer for a car accident?

There are countless little things that your Houston car accident lawyer from Calderon Law Firm can do to help you get through the aftermath of your accident, but the main things we can provide include:

1. We give you time to heal. First and foremost, hiring a Houston car accident lawyer will allow you to focus on your recovery rather than stressing about mounting medical bills or fighting with the insurance company.
2. We investigate and gather evidence. We build strong cases by collecting police reports, recording witness statements, and working with experts in the field to give you the best chance at getting what you deserve. 
3. We negotiate with insurance companies. Insurance companies have teams of highly skilled lawyers and insurance adjusters trained to minimize what you take home. You don’t want to go up against them alone. 
4. We do all the paperwork. You would be shocked at the sheer amount of legal documentation and insurance paperwork that must be filed, even for the simplest personal injury claims. 
5. We connect you with the right medical experts. Regarding personal injury cases, not all medical providers are created equal. If you work with Calderon, you get access to our network of quality, trusted medical providers who can help get you on the road to recovery fast.
6. We can go to trial. If the insurance company refuses to settle, you’ll need a quality attorney to represent you in litigation.

While not every car accident requires an attorney, you should strongly consider hiring one if you've suffered significant injuries, face disputed liability, deal with insurance company delays or denials, or if the settlement offer seems inadequate. If your case involves complex issues or the insurance company is acting in bad faith, you may even need to sue the insurance company to get fair treatment.

How long do I have to file an injury claim?

In Texas, the statute of limitations for filing a car accident claim, and most personal injury claims, is two years from the date of the accident that caused your injuries — and those aren’t your only deadlines. Once your injury claim has been filed, you will be faced with a number of important deadlines on which your case will depend. 

If you miss this window, you could forfeit important rights, like your right to seek compensation. This two-year timeline can be even shorter in cases involving government entities, so it’s always advised that you seek the assistance of a personal injury attorney as quickly as possible before it’s too late.

How do I file a car accident lawsuit in Texas?

If you think you have a personal injury claim after a car accident in Houston, you’re in the right place. While your Houston personal injury lawyer will take care of most of the steps involved, there are some important things that you can do early in the process to help. 

1. Seek medical attention. No matter how minor you believe your injuries to be, get medical attention. Adrenaline after an accident is so powerful that seriously injured accident victims can often feel perfectly fine for hours afterward, only to wake up the next morning in terrible pain. 
2. Gather as much evidence as possible. Gathering evidence early can greatly assist your car accident lawyer. Evidence can include photos and videos of the scene, witness statements, and the insurance information of responsible parties, for starters.
3. Do not make a statement to your insurance. While it may seem counterintuitive, remember that the insurance company’s policy is to give you the smallest settlement that they can in order to protect their bottom line. 
4. Contact a trusted Texas car accident lawyer. Your attorney can handle filing your car accident claim, as well as get you started on treatment that will put you on the path to recovery. 

While the actual process of filing a lawsuit involves filing an official complaint, serving the negligent parties, discovery, negotiations, and more, you should focus on getting yourself treatment and letting your attorney handle the rest. It’s what’s best for your health and your personal injury claim. 

How much do Texas car accident lawyers cost?

This is one of the most common questions we get at Calderon Law Firm, and we understand why. Whether hiring an attorney seems like a luxury you can’t afford after an accident or you’re concerned that the attorney would just take money off the top of your settlement, we’ve heard it all. The truth of the matter is that hiring a Houston car accident lawyer will really cost you nothing. Here’s why.

• First of all, you won’t get the maximum settlement from the insurance company on your own. The adjusters will give you lowball offers and will likely only be motivated to give you what you deserve if you have an experienced car accident attorney. 
• Secondly, because Calderon Law Firm works on a contingency basis, we only get paid if we win your case. If we don’t get you a settlement, we walk away empty-handed because that’s how it should be. 

Car accident lawyer FAQ

What is the average settlement for a car accident in Texas?What is the average settlement for a car accident in Texas?

Car accident settlements in Texas vary dramatically based on numerous factors, making it impossible to give a meaningful "average" figure. The truth is that settlements can range from a few thousand dollars for minor fender-benders, all the way to millions of dollars for catastrophic injuries.

The most important factors that determine settlement amounts often include the following:

• Severity of injuries is the most significant factor. Minor soft tissue injuries might settle for thousands, while permanent disabilities or traumatic brain injuries can result in million-dollar settlements.

• Medical expenses, both past and future, play a major role in valuation. Complex injuries requiring ongoing treatment naturally result in higher settlements.

• Lost income including both immediate lost wages and future earning capacity affects the settlement value, especially for high earners or those whose injuries prevent them from returning to their previous work.

• Insurance policy limits can cap available compensation. While Texas requires minimum liability coverage, many drivers carry only these minimums, which may not fully cover serious injuries.

• Strength of liability evidence impacts settlement negotiations. Clear fault typically leads to better offers, while disputed liability may reduce settlement amounts.

Instead of focusing on averages, the better question is: what is your specific case worth? Our Houston car accident lawyers provide free case evaluations to help you understand the potential value of your claim. Remember, you don't pay unless we win, so there's no risk in getting professional advice about your situation.

How long does a car accident lawsuit take in Texas?

The timeline for resolving a car accident lawsuit in Texas depends on a number of important factors (mostly case complexity, injury severity, whether a case settles or goes to trial) but most cases settle within 6 months to 2 years.

Remember that while waiting for resolution can be frustrating, rushing to settle often means accepting less compensation than you deserve. Because they all have the potential to impact your future, our attorneys can help you determine whether the decisions that you’re making are the right ones, and guide you towards your best possible outcome. 

Continue reading: How long do car accident settlements take?

How to get maximum settlement from a car accident

Although one would hope you would always get the compensation you need to recover after a car accident, this isn’t always the case. To maximize your car accident settlement, it's essential that you:

1. Seek immediate medical attention even if you feel fine. 

2. Document everything thoroughly.

3. Avoid giving recorded statements to insurance companies.

4. Follow all medical advice.  

5. Hire an experienced Houston car accident attorney.

6. Don't post on social media about your accident or activities.

Most of your job when seeking a maximum settlement is getting out of the way while your attorney does their job. Your lawyer will investigate the accident, gather evidence, calculate the full extent of your damages, and negotiate aggressively with insurance companies to ensure you receive fair compensation.

Should I get a lawyer for a minor car accident?

Even "minor" car accidents can result in significant injuries and financial losses that aren't immediately apparent. Here's why you should consider hiring an attorney, even for seemingly small accidents:

• Hidden injuries are common. Whiplash, concussions, and soft tissue injuries often don't manifest symptoms immediately. What seems minor today could require months of treatment and cause lasting problems.

• Insurance companies low-ball minor accidents. They assume people won't hire attorneys for smaller claims, so they offer minimal settlements. Having legal representation often increases settlement amounts significantly.

• You're dealing with medical bills and lost wages. Even a few days off work plus emergency room and follow-up medical costs can quickly add up to thousands of dollars.

• The other driver's insurance may dispute fault. If there's any question about who caused the accident, you need someone who knows how to investigate and prove liability.

• You shouldn’t negotiate with insurance companies. Adjusters are professionals trained to minimize payouts. Most people aren't equipped to negotiate fair settlements on their own.

• An attorney understands your rights. Understanding what you're entitled to and the proper value of your claim requires legal expertise.

Remember, most car accident attorneys, including Calderon Law Firm, offer free consultations. You don't pay unless we win, so there's no financial risk in getting professional advice about whether your case necessitates a car accident lawyer.

Is Texas a fault or no-fault state for auto accidents?

Texas is a fault-based state for auto accidents, which means the driver who caused the accident is responsible for paying damages. This is different from no-fault states where each driver's own insurance pays for their damages regardless of who caused the crash.

But this doesn’t mean you can’t recover compensation if you’re partially responsible.

Texas comparative negligence laws explained

In Texas, you can still recover compensation even if you were partially at fault for a car accident. Because Texas follows a "modified comparative negligence" rule, you can recover damages from your accident as long as you're not more than 50% responsible for the crash.

Here’s how Texas comparative negligence laws work:

• If you're found to be 50% or less at fault, you can recover damages, but your compensation will be reduced by your percentage of fault. 

• For example, if the total damages are $100,000 and your fault percentage is 30%, your recovery will be $70,000.

• If you're found to be 51% or more at fault, you cannot recover any compensation from the other parties involved.

Think the accident was partly your fault? You may still be entitled to compensation. Let the attorneys at Calderon Law Firm review your case and inform you of your options.

Should I talk to the insurance company?

You should be very cautious about speaking with insurance companies, especially the other party's insurer, without your attorney present. Insurance adjusters are trained to minimize payouts and may use your statements against you. It's best to have your attorney handle all communications with insurance companies to protect your interests.

While you’ve got to report the accident to your own insurance company reasonably soon after the accident, as required by your policy, you can limit your initial report to basic facts: when, where, and that an accident occurred.

The safest approach is to consult with a car accident attorney before engaging in detailed discussions with any insurance company.

Do most cases settle before trial?

Yes, the vast majority of car accident cases settle before going to trial. Settlement negotiations allow both parties to avoid the uncertainty, expense, and time commitment of a trial. This doesn’t mean you don’t need an attorney. 

Having an attorney who is prepared to take your case to trial often results in better settlement offers, as insurance companies know they face a credible threat of litigation. Without an attorney who can make them come to the table, accident victims are often faced with low-ball offers and far fewer options. At Calderon Law Firm, we prepare every case as if it's going to trial, which gives us maximum leverage in settlement negotiations.

What if I got into a car accident with an uninsured driver?

If you're hit by an uninsured driver, you may still have options for compensation. Texas requires drivers to carry liability insurance, but many drivers unfortunately operate illegally without coverage — this is why uninsured or underinsured motorist coverage (UIM) is so important.

If you find yourself in this situation, and the driver responsible for your accident has no liability coverage or personal assets to cover the damages, UIM can be absolutely essential. Uninsured or underinsured motorist claims can be complex no matter the circumstances, since you're either pursuing a claim against a person directly or essentially filing against your own insurance company, making it essential that you contact an experienced car accident attorney.

What if I was in a commercial vehicle accident?

Commercial vehicle accidents, including trucking accidents and rideshare accidents, involve additional complexities due to commercial insurance policies and potential corporate liability.

Commercial vehicle accidents require experienced attorneys who have experience dealing with multiple insurance policies, determining all potentially liable parties, and fighting the combined powers of massive corporations and insurance companies. 

Continue reading about what to do if your Uber crashes

Injured after a car accident in Houston? The Houston car accident lawyers at the Calderon Law Firm can help.

If you or a loved one has been injured in a car accident in Houston, you don’t have to go it alone. The Houston car accident lawyers at Calderon Law Firm are standing by to help you turn the chaos into compensation for your injuries. 

Calderon Law Firm is proud to offer our clients high-quality care and unbeatable results. Whether you’re looking for a Houston truck accident lawyer or an attorney to help you with an Uber or Lyft accident, the attorneys at Calderon are prepared to guide you through it. Call us at (346) 999-5673 or contact us online today to see why everyone can find an attorney to trust at Calderon Law Firm.