Key Takeaways
Importance of Acting Quickly
If you’ve been involved in a car accident in Houston, it’s crucial to act quickly and hire an attorney as soon as possible. Evidence can disappear over time—-both physical evidence (e.g., skid marks) and corroborative evidence (e.g., video footage, witness statements). The faster you involve a reputable car accident attorney in your case, the better your chances are of gathering evidence that will be essential to recovering compensation.
Need for Professional Legal Guidance
By hiring a Houston personal injury lawyer with decades of experience in car, truck, and motorcycle accidents, you’ll have someone to guide you through every step of your legal claim and lawsuit process. A knowledgeable and dedicated attorney will negotiate with insurance companies on your behalf, hire experts to bolster your case and fight diligently to protect your rights and win you the compensation you deserve.
Financial and Emotional Costs of Delaying
If you delay hiring an attorney to file your claim, you may compromise or lose any right to compensation. Without legal advice, you may accidentally admit partial fault or agree to an insurance settlement offer that’s far below what you’re actually entitled to. If you delay for too long, you may even pass the deadline set by the statute of limitations—if you don’t file your claim within two years of your accident, you may become ineligible to claim compensation.
Why Choose Simmons & Fletcher for Your Car Accident Claim?
At Simmons & Fletcher, we’re proud to claim decades of experience among our team of hardworking and highly skilled attorneys. All three of our partners were named to the Super Lawyers list by Thomson Reuters, and attorney Paul H. Cannon is certified by the Texas Board of Legal Specialization.
Our firm also has a track record of successful case results, along with hundreds of 5-star Google reviews from the clients and community members that we’ve represented in the past. As these testimonials will demonstrate, we treat each and every one of our clients with the respect and compassion that they deserve, and we approach their stories and claims with conviction and commitment.
If we are able to take on your case, our team of empathetic and experienced Houston car accident lawyers can:
- Help you understand your legal rights and the steps of your claims process
- Investigate your motor vehicle accident
- Collect evidence to support your case
- Determine which party (or parties) are liable for your accident
- Negotiate with insurance companies on your behalf
- Work with the other party’s legal team to reach a fair settlement
- Represent you at trial if a just settlement cannot be reached and we determine that litigation is warranted.
Contact us today for a free case evaluation with an experienced Houston car accident lawyer.
When Is the Best Time to Call a Lawyer After a Car Accident?
Why Timing Matters for Your Claim
After an auto accident, it’s best to call a lawyer as soon as possible after the incident. Even if your injuries and damages seem minor, involving an attorney from day one will allow your legal representative to gather evidence and protect your rights. This will also provide them with the time needed to aptly negotiate with your insurance company and make sure that you don’t mistakenly accept a settlement offer that’s below what you’re rightfully entitled to, which could happen if you don’t receive legal advice immediately. Put simply, the sooner you contact a lawyer, the better your chances of recovering maximum damages.
Prioritizing Your Health and Medical Documentation
You should see a medical professional immediately after your car accident, even if you feel completely fine. Not only will your doctor potentially catch any serious, hidden injuries that aren’t yet showing symptoms—potentially preventing you from further harm—but they’ll also provide you with important medical records. During your claim, this medical documentation can serve as fundamental evidence for claiming and recuperating your financial damages.
No Upfront Costs & Contingency Fees Explained
You will pay zero dollars upfront to hire one of our experienced attorneys from Simmons & Fletcher. We work on a contingency fee basis, meaning that we only get paid our attorney’s fees and reimbursed our out-of-pocket expenses if we win your case by way of a settlement or judgment. If you don’t receive a settlement or judgment at the end of your claim, then you don’t owe us any attorney’s fees, expenses, or court costs.
How a Lawyer Can Preserve Critical Evidence Early On
Our team of personal injury attorneys has seen hundreds of cases and understands exactly what steps to take in the aftermath of a car accident. Most importantly, we know how to quickly preserve critical evidence in your case that might otherwise not be collected for use in your claim. Your motor vehicle accident lawyer will collect medical documentation, witness accounts, pay slips, video footage, and any other relevant evidence in your case that might otherwise be diminished or lost.
What Are the Most Common Types of Car Accidents in Houston?
Rear-End Collisions
Rear-end collisions involve one vehicle crashing into the end of another vehicle. They’re usually caused by traffic jams and distracted driving, and common injuries include whiplash and back pain.
Head-On Collisions
Head-on collisions involve two vehicles crashing front-to-front. They’re usually caused by high speeds, distracted driving, or wrong-way driving, and common injuries include brain trauma, spinal cord injuries, and death.
Intersection Accidents
Intersection accidents are any collision that occurs at a junction or an area where two roads converge. These types of accidents are highly likely to involve non-drivers, like cyclists and pedestrians.
Rollover Accidents
Rollover accidents involve a vehicle tipping over onto its side or roof. They’re usually caused by speeding or losing contact with the road and often involve SUVs or other larger vehicles.
Drunk Driving (DUI/DWI) Accidents
Drunk driving accidents are crashes where at least one driver was under the influence of drugs or alcohol. Unfortunately, DUI and DWI crashes are common—in 2022 alone, Houston saw over 2,300 drunk driving accidents.
Speeding Accidents
Speeding accidents are caused by one or more vehicles being operated well above the safe limit. High-speed accidents increase the likelihood of catastrophic injury and even death. Unfortunately, according to data from the U.S. Department of Transportation, Texas is the state with the highest number of speeding-related traffic fatalities (as of 2021).
Work Zone Accidents
Work zone accidents are collisions that happen in the middle of construction areas or stretches of highway where roadwork is being completed. Congestion, sudden stops, and heavy equipment in these areas can increase the potential of an accident.
Vehicle Defect-Related Accidents
Vehicle defect accidents occur when an issue with the car or automobile contributes to or causes the accident. These crashes may be caused by manufacturing errors, poor vehicle design, or a lack of adherence to maintenance standards.
Uninsured/Underinsured Driver Accidents
Uninsured and underinsured driver accidents refer to collisions where one or more parties did not have adequate insurance (or any insurance) at the time of the crash. These claims are complicated but not uncommon, as an estimated 20% of Texas drivers are uninsured, according to the Texas Department of Motor Vehicles.
If you’ve been in a Houston car accident with an uninsured or underinsured driver, you have two options to seek compensation:
- Sue the at-fault driver. You can still file a lawsuit against the liable driver, even if they’re uninsured or underinsured. However, it may be difficult to collect from them if they have no assets or insurance.
- File a UM/UIM with your insurance company. Uninsured/Underinsured Motorist Coverage (UM/UIM) is meant to protect you if you get into a crash with an uninsured driver. If you elected for UM/UIM coverage as part of your insurance policy, you can file a claim with your insurance company—but reach out to a Houston car accident attorney first to make sure you get as much compensation as possible.
Rideshare accidents are collisions involving Uber or Lyft vehicles. These cases can be complex since rideshare drivers are contractors and operate under a different legal standard than private drivers.
Hit-and-Run Accidents
Hit-and-run accidents involve one vehicle fleeing the scene after a crash. In these cases, unfortunately, one injured party is often left to deal with the police reports and damages alone.
What Are the Most Common Car Accident Injuries?
Whiplash & Soft Tissue Injuries
Whiplash is a type of neck injury caused by the rapid back-and-forth motion of the head. Soft tissue injuries, similarly, include sprains, strains, and contusions to muscles, ligaments, and tendons in any part of the body.
Broken or Fractured Bones
Broken bones may affect any part of the body, including arms, legs, ribs, or face.
Spinal Cord and Back Injuries
Spinal cord injuries involve damage to any part of the spinal cord and/or the nerves at the end of the spinal. Spinal injuries are considered severe, and they can cause partial or complete paralysis in some cases.
Traumatic Brain Injuries (TBI)
Traumatic brain injuries (also known as TBIs) include concussions and more severe head traumas that involve the brain being pierced or shaken against the skull.
Internal Organ Damage
Internal organ damage is usually caused by high-impact collisions that subject the body to extreme forces. Most frequently, these forces cause ruptures or perforations in vital organs like the liver, kidneys, or spleen. These injuries may lead to internal bleeding or organ failure.
Severe Burns and Lacerations
Severe burns may happen when a crash involves fires, extremely hot surfaces, or chemical spills. Lacerations, on the other hand, may happen when an external object crashes into a vehicle passenger or when the passenger is thrown against a part of the car.
Psychological Trauma and PTSD
Motor vehicle accidents aren’t just physically affecting—they can affect your mental health as well. After an auto accident, an injured party may experience symptoms of post-traumatic stress disorder (PTSD), like intrusive thoughts, distressing dreams, and more.
Hidden or Delayed Symptoms
Not all car accident injuries show up immediately, and others never show up in an obvious way (like a broken bone might, for instance). For example, injuries like whiplash and concussions don’t show apparent symptoms right away, but they can worsen over time if not treated. Be sure to seek medical attention immediately after a car accident (even if you feel completely fine).
What Should You Do Immediately After a Car Accident?
Stop and Get to Safety
Your first priority after a car accident is to protect your own well-being. Remaining as calm as possible, remove yourself from the immediate scene of the crash and out of the way of any continued harm. If you need emergency medical services, seek those out immediately.
If you were in a hit-and-run accident where the other driver fled the scene, do not attempt to chase after them. Call the police and give them any information you can about the other vehicle’s make, model, and color, as well as what the driver looked like and what direction they were heading in.
Contact the Police and Seek Medical Help
Once you’ve ensured your immediate safety, stay at the accident scene and call 911. Ask the dispatcher to send an ambulance (if anyone needs any emergency medical attention.) Let the dispatcher know that you’ve been in a car accident and wait at the scene for the local authorities to arrive.
Once they do, file your police report, then ask to see a medical professional. Even if you feel completely fine, you may have a serious injury that’s not yet displaying symptoms. Follow any advice or orders given by your doctor for further treatments or follow-up appointments.
Collect Important Information (Photos, Videos, Contact Details)
Exchange information with all drivers, passengers, and witnesses involved in the accident. Ask for their full names, addresses, phone numbers, license plate numbers, and insurance details. Avoid discussing the accident, what caused it, or who was at fault.
Begin to collect evidence at the crash scene. Take as many pictures as you can, including photos of any damage to all vehicles involved (not just yours). Also, take photos of any visible injuries. Make a note of relevant street signs, directions of travel, skid marks, and other information that may be beneficial later.
Notify Your Insurance Company
Call or otherwise contact your insurance company and let them know that you were in a car accident. Avoid going into too much detail—keep your description brief and only give them the basic facts of what happened.
Why You Should Not Admit Fault at the Scene
You’re likely to be in shock following a crash, and you likely won’t have the full details of the circumstances that contributed to the accident. Avoid talking to the other driver’s insurance company or anyone else at the scene. Simply walk away from the conversation or decline to comment. Otherwise, you may unintentionally make a comment that could be used against you to deny or challenge your claim, or others may have a different recollection of things you said.
Contact a Houston Car Accident Attorney
It’s highly recommended to get in touch with a Houston car accident attorney as quickly as possible after your motor vehicle collision. Consultations with a personal injury lawyer at Simmons and Fletcher, P.C., are completely free, and a qualified legal representative can help you navigate the initial steps of the claims process and negotiate with insurance companies and opposing legal teams on your behalf.
What If the Accident Wasn’t My Fault?
Texas is a “fault” or “at-fault” state when it comes to car insurance. In other words, if you were in a car accident that wasn’t your fault, the driver who caused the crash may be held responsible for paying your financial and emotional damages. So, if someone else’s negligence caused or contributed to your accident and subsequent damages, you may be entitled to compensation.
What If I’m Partially at Fault?
How Texas Handles Contributory Negligence
Yes—in the state of Texas, you can still recover compensation for a car accident as long as you are 50% or less at fault. Under modified comparative negligence, your final settlement will simply be reduced by the percentage that you are found at fault.
If you’re found to be 10% at fault for your car accident, for example, your settlement will be reduced by 10%. So, if you were awarded $100,000 as compensation, you will most likely be given $90,000.
If you’re found to be more than 50% responsible for your accident, however, you are barred from recovering any damages. A resourceful Houston car accident lawyer can work with you to assess your case, determine your role in the accident, and attempt to give you the best possible chance at maximum compensation.
If you were partially at fault in your motor vehicle accident, there are a few key steps and rules that you can follow in order to better your chance at just compensation:
- Keep Quiet: As much as possible, don’t say anything about the accident in the immediate aftermath. Even saying something as simple as “I didn’t see them coming” could be interpreted as an admission of fault in a legal claim.
- Stick to the Facts: When you do have to give your statement to the police or another party, say as little as possible and don’t make any unnecessary comments. Stick to the cold facts of what happened and only exchange the required information.
- Speak to a Lawyer First: Get in touch with an attorney before speaking to any insurance companies or the other driver’s legal team. Your attorney can handle all of your communications with your insurers and other parties in order to protect your rights and prevent you from accidentally admitting any fault.
By hiring a qualified and compassionate Houston personal injury lawyer, you’re essentially hiring someone to help you protect your rights and look after your best interests through every step of your legal claim. Even if you’re partially at fault, an attorney will negotiate with insurance companies, communicate with the other driver’s legal team, and do everything in their power to get you fair compensation for your injuries and property damage..
What If I Have No Injuries? Should I Still Hire a Lawyer?
Hidden or Delayed Injuries
Even if you don’t feel injured after a car accident, it’s still important to talk to a car accident lawyer in your area. Some injuries—what we refer to as hidden or delayed injuries—won’t show up right away but can lead to greater problems for you down the road.
For example, injuries like whiplash, concussions, brain trauma, and soft-tissue damage may not present symptoms for weeks after your crash. By seeing a medical professional and contacting an attorney right away, you’ll be more likely to accurately identify these injuries and any ongoing impact they have on your life and well-being.
Insurance Tactics in Minor Injury or No Injury Claims
Unfortunately, you cannot depend on insurance companies to act in your best interest after a car accident. Some insurers will rush you to accept a settlement before you fully understand your injuries and damages. If you sign one of these low-ball settlement offers, you may forfeit the right to compensation for future accident-related losses.
Importance of Medical Assessments and Consultations
You should always get a medical assessment after a car accident—most importantly, you should do this in order to ensure your own health and well-being. However, getting a medical consultation can also help in your legal case later on. During your consultation, a doctor or healthcare professional will make a medical record that documents your injuries. During your legal case or lawsuit, this record can serve as essential evidence to win you back compensation.
How Do You File a Car Accident Claim in Houston?
Understanding Bodily Injury vs. Personal Injury Claims
Bodily injury claims focus on the physical harm done to your body in a car accident, and these claims are covered under the bodily injury liability section of your auto insurance policy. Compensation for bodily injury claims may include medical bills, lost wages, and pain and suffering.
Examples:
- Broken bones
- Cuts
- Disc herniations
- Head trauma
- Ligament tears
Personal injury claims, on the other hand, have a broader legal definition. A personal injury claim applies to bodily injuries and other damages that occur due to acts of negligence or intentional wrongdoing. All bodily injury claims are included under the umbrella of personal injury, but personal injury claims may also involve non-physical damages like mental anguish, property damage, and lost wages.
Examples:
- Bodily injuries
- Emotional distress
- Loss of companionship or consortium
- Loss of income or earning capacity
- Pain and suffering
Documents Required to Make a Claim
In order to file a car accident claim in Houston, you should first consult with a qualified and knowledgeable personal injury attorney who can guide you through every step of filing a claim. Your lawyer will let you know which documents you need to put together in order to file your claim, which typically include:
- Your insurance card and policy information
- The other driver’s insurance information
- A copy of your police report (if filed)
- Photos of the accident scene, vehicle damage, and visible injuries
- Medical records detailing your injuries, treatment plan, and medical bills
- Contact information of anyone who witnessed the accident
Dealing With Insurance Companies
Report your accident to your insurance provider as soon as possible after the accident. However, be careful not to tell them anything more than they need to know. Let them know that you were in a car accident and stick to the objective facts of what happened—any unnecessary comments that you make may unintentionally be used against you later to lessen your compensation.
Most importantly, we advise against accepting any settlement offer from an insurer before you talk to an attorney. Unfortunately, insurance companies generally don’t have your best interests in mind and don’t want to give you the full amount of your deserved compensation. Your personal injury lawyer will handle all communications with your insurance company on your behalf, including negotiating your offer and making sure your rights are protected.
Steps to Filing a Lawsuit if Negotiations Fail
If a settlement cannot be reached in your case—either with your insurer or the other driver’s legal team—then your personal injury attorney will proceed through the steps to file a lawsuit. Firstly, they’ll discuss the best course of action with you and make sure that you want to proceed with a lawsuit. Then, they’ll gather all documentation relevant to your claim and damages, including medical records, repair estimates, paystubs, and more.v
Once all of this evidence is collected, your attorney will draft and file your lawsuit with the appropriate court system. Then, the other driver (or the at-fault party) will be served with a copy of the legal documents that notify them of the lawsuit being filed against them.
Now that the lawsuit has been fully initiated, it will proceed through the discovery phase, pre-trial motions, and settlement conferences. During the discovery phase, both parties in the lawsuit will exchange information with each other through requests for documents, interrogations, and depositions. Then, either party may file pre-trial motions to exclude certain pieces of evidence or address other legal issues (this may or may not be relevant to your specific claim.
Finally, if no settlement can be reached, the case will proceed to trial. The plaintiff’s legal team and the defense team will both present their version of the accident and their supporting evidence to a judge or jury. This deciding entity will then make a final decision on who was liable in the accident and what financial damages (if any) are owed.
How Does the Car Accident Settlement Process Work?
Investigation and Evidence Gathering
After you’re involved in a car accident in Houston, a claims investigation will be initiated by the other driver’s insurance company. Their team will investigate the accident, which should include an insurance adjuster contacting you for your version of what happened, any photos of the accident and your injuries, any medical records and bills you’ve retained, and any proof of lost wages you have.
Determining Liability and Damages
Based on the evidence that they’ve collected and that you’ve provided, the other driver’s insurer will decide if their driver was at fault in the crash. They will determine their version of who is liable (or partially liable) for the collision, as well as what damages you may be owed.
Settlement vs. Going to Trial
Once you’ve completed medical treatment and the insurance company has concluded its investigation, they’ll likely make you a settlement offer. This settlement will be based on the total amount of your financial losses (e.g., medical bills and lost wages), but it will also be limited by the extent of the policy’s maximum coverage.
Why Complex or Severe Injury Cases Take Longer
Claims that involve severe or serious injuries can take longer—but why? For the most part, these cases take longer to settle because there are still questions about your future well-being and any ongoing damages that you may incur. For example, will you be able to go back to work, and will there be any ongoing medical costs as a result of the accident? In these cases, your Houston car accident lawyer will work with medical experts to calculate your future damages, which can sometimes prolong the timeline of your claim.
As simple as it may sound, this settlement process is rarely straightforward. The insurance company may wrongfully argue that you were partially or completely at fault for the accident. They may also claim that your injuries were pre-existing or not as severe as you say they are. In some cases, insurers will also delay the settlement process or ignore your attempts to get in touch with them and speed up the process.
If you want to make your settlement process easier, you can hire a Houston car accident lawyer at any time during the process (although it’s best to contact an attorney before your initial claim). With an experienced legal team by your side, you’ll have an attorney to
- Handle all paperwork, evidence, and negotiations with the insurance company on your behalf.
- Negotiate and fight for a fair settlement.
- File a personal injury lawsuit to protect your rights if a fair settlement can’t be reached.
How Much Is My Houston Car Accident Case Worth?
Factors Affecting Settlement Amount
Every car accident claim is different, and each one has a different value based on its specific circumstances. Various factors can affect your potential settlement amount, but a hardworking and resourceful attorney will do everything they can to maximize your potential compensation. While there are no guarantees of maximizing compensation, you want an attorney fighting for all you are entitled to claim.
Medical Bills
The amount of medical bills you incurred can affect your settlement amount—this includes any emergency care, surgeries, medications, physical therapy treatments, prescriptions, and other medical costs that you were forced to pay.
Lost Wages
If you were unable to work due to your injuries (or if your capacity for future earning has been diminished), then you may file for this lost income as part of your claim.
Property Damage
If your car was damaged in the crash, then the repair or replacement costs can be included as part of your damages.
Pain and Suffering
Pain and suffering are a part of your potential settlement that includes compensation for physical pain, mental anguish, and reduced quality of life.
Comparative Fault
If you were found to be partially at fault for your car accident, then your settlement amount will be reduced by the same percentage that you were found at fault. If you are found at fault for 20% of your accident, for instance, you will only be able to receive 80% of your total compensation. If you’re found to be more than 50% liable for your accident, however, then you’ll likely be unable to recover any damages.
Why Documentation Matters
In the immediate aftermath of your accident and throughout the claims process, keep any and all records of your medical treatments, medical expenses, lost wages, property damages, and any other losses related to your accident. All of these records can and will be used by your experienced legal team to provide evidence for your claim and help you get as much compensation as possible.
Future Medical Expenses and Long-Term Implications
Your compensation amount may also be significantly affected by future and ongoing medical expenses and long-term implications. These factors are most relevant in claims that involve severe and serious injuries, as they’re more likely to cause long-term lifestyle changes in an injured person.
For example, a catastrophic injury may alter the injured party’s life expectancy, future earning capacity, disability status, and more. A fair settlement amount will financially compensate for all of these factors, as well as any ongoing pain and suffering experienced by the injured party for the duration of their injury (which may be lifelong).
How Long Do I Have to File a Car Accident Claim in Texas?
Understanding the Statute of Limitations
Under Texas law, you have two years from the date of your car accident to file a claim. This deadline is known as the statute of limitations, and it applies to nearly all personal injury cases in the state of Texas.
What Happens If You Miss the Deadline?
Typically, you have two years to sue the person responsible for your injuries unless you were a minor when the wreck occurred. If you miss your statute of limitations deadline, you may miss out on any compensation that you would otherwise be entitled to. The court will likely dismiss your case, and you’ll have no legal options to recover your damages.
Exceptions and Special Circumstances
Certain exceptions to the statute of limitations apply to car accidents in Texas:
- If the injured party is a minor at the time of the accident (i.e., they’re under 18 years old), then the two-year period doesn’t begin until their 18th birthday.
- If the injured party is mentally incapacitated, then the two-year period doesn’t begin until they regain mental competency.
- If the defendant (or the at-fault party) leaves Texas after the car accident, then the statute of limitations may be paused until they return to the state.
- If the injured party does not immediately discover their injuries, then the statute of limitations may not begin until discovery—as long as the delay in discovery is reasonable.
What Are Common Insurance Company Defenses in Car Accident Lawsuits?
When used by insurance companies, an “unavoidable” “act of god” defense means that your accident was not preventable and was caused by a force of nature that the driver was not at fault for. Usually, it applies to situations involving weather elements like hurricanes, windstorms, blizzards, lightning strikes, floods, and medical emergencies like strokes and heart attacks.
Sudden Emergency Claims
A sudden emergency claim defense may apply if the accident was caused by something that the insurer believes was not foreseeable or able to be anticipated by the claimant. Common examples of a sudden emergency defense include a child darting out into the street, a blown tire, something falling from another driver’s truck bed, something blocking a driver’s windshield, and sudden medical emergencies (e.g., heart attack, stroke, allergic reaction).
New and Independent Cause
The “new and independent cause” defense posits that there’s no direct causal link between the defendant’s negligence and the harm done to a plaintiff. This defense is most often used when a new event is involved between the negligent act and the injury. For example, if a car stops and lets someone out at a safe dropoff spot, but the individual walks into a pothole and falls, the pothole would then be considered a new and independent cause.
Challenges to Causation and Injuries
An insurance company may challenge causation and injuries in a car accident claim by arguing that your injuries were pre-existing, not directly caused by the given accident, or were aggravated by other factors not related to the accident. They may also dispute the medical bills by claiming that the medical treatments received were not strictly necessary.
How Much Does It Cost to Hire a Car Accident Lawyer?
Contingency Fee Basics (No Win, No Fee)
It’s essentially free to hire a car accident lawyer for most motor vehicle accident claims. Why? Our personal injury attorneys at Simmons and Fletcher work on a contingency fee basis, meaning that you don’t pay any out-of-pocket or upfront costs for our services. We only get paid if we win your case and recover compensation for you—otherwise, you don’t owe us our attorney’s fees nor costs of court. If we do win your case, our fee will be a percentage of your total recovery.
Court Fees and Deposition Costs
The fees that come out of your compensation also include court fees and deposition costs. These typically cover the filing fee for the lawsuit as well as any fees paid to the court reporters and transcripts taken during the deposition process.
Investigation and Expert Witness Fees
You also pay out of the settlement or judgment for the cost of any expert witnesses or other investigatory processes used to support your claim. For example, if your car accident attorney used expenses to obtain police reports, medical records, witness statements, property damage assessments, or surveillance footage, then the total cost of these expenses will be taken out of your final settlement.
Motor vehicle accidents involving rideshare services (i.e., Uber and Lyft) can be legally complex since they involve multiple parties, like the rideshare driver, the company, other drivers, and other passengers.
Plus, Uber and Lyft drivers are covered under a tiered insurance structure that applies differently during different phases of the ride:
- During Offline or Personal Time: The rideshare driver’s personal insurance applies.
- During App Time But Without Passengers: The limited liability coverage provided by the rideshare company applies.
- Passenger On Ride: The rideshare company (Uber or Lyft) may provide up to $1 million in liability and uninsured or underinsured motorist coverage.
The most common causes of Uber accidents and Lyft accidents include:
- Driver inexperience
- Driver fatigue
- Distracted driving
- Negligence from other drivers
Driver fatigue and distracted driving are especially common in rideshare accident claims. Rideshare drivers are often driving for many hours a day, leading to fatigue and potential errors on the road. Similarly, rideshare drivers rely on an app to do their job—meaning that it’s highly likely that their attention will be pulled from their road and onto their mobile phone or another screen.
Liability Considerations with Multiple Parties
Having a claim with two parties can be complicated enough—adding more parties to a claim only increases the legal considerations and possibilities. However, a skilled and knowledgeable car accident lawyer in Houston can help you understand the special circumstances in a rideshare case.
For example, rideshare drivers and companies have corporate insurance policies. Negotiating with these large and powerful companies requires the knowledge and resources of an experienced personal injury attorney.
Rideshare drivers are also classified as independent contractors, so this status may limit each company’s level of liability.
Paul Cannon Talks About Car Accident Claims on the Elite Lawyer Podcast
Houston Areas Served
Our law firm is located on the west side of Houston. In addition to traveling all over the state, we handle local cases in Bellaire, Hunter’s Creek Village, Downtown Houston, Heights, Greater Fifth Ward, Midtown, South Central, Lawndale, Wayside, Clinton Park Tri-Community, Rice Village, Hunter’s Village, Galena Park, Jacinto City, Memorial City, Memorial Park, East Houston, River Oaks, Montrose, West University, Medical Center, South Main, Southside, Sunnyside, Meyerland, Sharpstown, MacGregor, Brasewood, Willowbend, Brook Haven, South Park, Astrodome Area, Hyde Park, Bayland Park, Galleria, Mt. Houston, Aldine, Jersey Village, Fairbanks, Acres Home, Magnolia Gardens, Settegast, Almeda, Cloverland, Memorial Villages, Piney Point Villages, Hedwig Village, Spring Branch, Channelview, Greater Hobby Area, South Acres, Cloverland, and Spring Branch.
Areas Served Outside of Houston
People sometimes think, “I need a car accident lawyer near me.” But the truth is that with modern technology, most attorney consultations now happen online from the comfort of your own home. 95% of our clients sign up electronically. Many never come to our office. So we help people all over Texas and sometimes nationwide with car accidents.
FAQ's
How Do I Read My Texas Car Accident Report?
You can purchase a copy of your Texas Peace Officer’s Crash Report (CR-3) online via the Texas Department of Transportation website. Reading your Texas car accident report itself can be difficult, which is why we’ve put together this handy cheat sheet for each page of your document:
Page 1 of your report will include:
- The date and time of your crash.
- The location of your crash (county, city, and street name).
- Whether your accident took place at an intersection or in a construction zone.
- Information about each driver, passenger, bystander, and vehicle involved.
- The type of injury, if any, sustained by a passenger in the crash.
Page 2 of your report will include:
- Any charges filed against a driver, passenger, or pedestrian at the scene of the crash
- A crash narrative and pictorial diagram of the accident scene
- The order of events leading up to the crash
- A police officer’s opinion on how the crash occurred
- Information on where any injured victims were taken
- The date and time of death of anyone killed at the crash scene or within 30 days of the accident
Page 3 of your report will include:
- Information about any commercial vehicles involved in your accident (e.g., delivery trucks, tractor-trailers, etc.).
- The name, address, and contact information for the commercial carrier.
- Information about the cargo on the truck.
- The commercial vehicle’s weight.
- Information about the commercial truck driver.
Page 4 of your report will include:
- An explanation of the codes and terminology in your accident report.
How Long Will It Take to Settle My Case?
The details of your case will largely affect how long it will take to settle. Some cases take years to settle, but the vast majority settle within 2-12 months. Your precise time frame may depend on the severity of your accident, the severity of your injuries, and whether your case ends up going to trial.
Your settlement may also take longer if you’ve not yet finished medical treatment or reached maximum medical improvement (MMI). You must wait to complete your claim until all of your medical expenses—past and future—are accounted for.
Do I Have to Go to Court or Will I Get a Settlement?
After a Houston car accident, it’s likely that you will not have to go to court and will instead get a settlement offer from the at-fault driver’s insurance company. The vast majority of car accident claims are settled through out-of-court negotiations between both drivers’ legal teams.
If a fair settlement can’t be reached during negotiations, however, you may need to file a lawsuit and go to court in order to resolve your claim and seek appropriate compensation for your damages.
What If I Need Money Immediately for Medical Bills?
If you need money for medical bills after a car accident and can’t wait for your personal injury claim to be processed, then your options are to use your own health insurance to cover immediate costs (if it will cover accidents), use PIP or MedPay from your own auto policy, or retain an attorney who can issue letters of protection to medical providers. Contact your health insurance provider as soon as possible, let them know you’ve been in an accident, and determine whether they will pay for immediate medical expenses.
Then, call your auto insurance provider and ask them about using your Personal Injury Protection (PIP) coverage, which is required on auto policies in the state of Texas. Your PIP coverage should help you pay for initial medical expenses while you wait for an appropriate settlement offer from the at-fault driver’s insurance company.
