Key Takeaways: What Every Car Accident Victim Should Know
- After a Houston car accident, seek medical care, document the scene, keep all your records, and contact a personal injury lawyer.
- If a negligent driver caused your collision, they may be held liable for your injuries and damages. In some cases, car manufacturers or owners can also be held accountable.
- Under Texas statute of limitations, you must file your claim within two years of your accident to receive compensation. Limited exceptions apply.
- The Law Firm of Simmons and Fletcher, P.C., has been representing car accident victims since it was founded in 1979. An experienced personal injury law firm like Simmons and Fletcher, P.C., can help you navigate your legal claim on a contingency fee basis (at no cost to you).
Been in a car accident? Speak with a Houston, TX car wreck lawyer today at your free case review. You’ll get legal advice from an empathetic, experienced auto accident attorney with no pressure or obligation.
Texas Car Accident Law at a Glance
The key deadlines, fault rules, and insurance requirements that apply to most Houston car accident claims.
| Question | Answer under Texas law |
|---|---|
| How long do I have to file a lawsuit? | 2 years from the date of the crash, with limited exceptions. Source: Tex. Civ. Prac. & Rem. Code §16.003 |
| Can I recover if I was partly at fault? | Yes, if you were 50% or less at fault. Your recovery is reduced by your percentage of fault. If you were more than 50% at fault, you cannot recover. Source: Tex. Civ. Prac. & Rem. Code ch. 33 |
| Is Texas an at-fault state? | Yes. The driver who caused the collision and their insurer are responsible for the damages. Source: Texas Department of Insurance |
| What insurance must Texas drivers carry? | At least $30,000 per injured person, $60,000 per crash, and $25,000 for property damage (30/60/25). Source: Tex. Transp. Code §601.072; Texas Department of Insurance |
| Does my policy include PIP? | Yes, unless you rejected it in writing. Insurers must include at least $2,500 in Personal Injury Protection, which pays medical bills and some lost wages regardless of fault. Source: Tex. Ins. Code §§1952.152–.153 |
| What if the other driver has no insurance? | Your uninsured/underinsured motorist (UM/UIM) coverage can pay. It is included in Texas policies unless you rejected it in writing. Source: Tex. Ins. Code §1952.101; Texas Department of Insurance |
| What if a city or government vehicle hit me? | You must give written notice of your claim within 6 months, and within 90 days for claims against the City of Houston. Missing this deadline can end your claim. Source: Tex. Civ. Prac. & Rem. Code §101.101; Houston City Charter art. IX, §11 |
| Does not wearing a seatbelt hurt my claim? | It can. If the defense shows it caused or worsened your injuries, a jury may assign you a share of fault, which reduces your recovery. Source: Nabors Well Services, Ltd. v. Romero, 456 S.W.3d 553 (Tex. 2015) |
| How do I get my crash report? | Buy it online from TxDOT: $6 for a regular copy, $8 for a certified copy. Reports are usually available within about two weeks of the wreck. Source: Texas Department of Transportation |
| What does it cost to hire Simmons & Fletcher? | $0 upfront. If we recover money for you, our fee is 33.33% if no lawsuit is filed, 40% if a lawsuit is filed, or 45% if an appeal is required, plus reimbursement of case expenses. If we don’t recover, you owe nothing. See: How our contingency fee works |
This table is general information, not legal advice. Every case is different, so schedule a free case review to discuss yours.
Why Choose Simmons & Fletcher After a Car Accident in Houston?

Our firm also has a track record of successful case results and hundreds of 5-star Google reviews from past clients. As these testimonials show, we strive to treat each and every client with the respect and compassion 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 automobile 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 we determine that litigation is warranted and a fair settlement cannot be reached.
Contact us today for a free case evaluation with an experienced Houston car accident lawyer.
What Our Clients Say
You will pay zero dollars upfront to hire one of our experienced Texas car accident lawyers from Simmons & Fletcher. We work on a contingency fee basis. This means that you don’t owe us a penny unless we win your case.
What Does a Houston Car Wreck Attorney Cost?
Houston car wreck lawyers commonly work on a contingency fee basis. While fees may vary by attorney, you pay nothing if we don’t recover. If we recover, you pay 33.33% if no lawsuit is filed, 40% if a lawsuit is filed but no appeal is necessary, and 45% if an appeal of a jury verdict is required. In a contingency fee contract, fees are paid in addition to expense reimbursement.
Millions Recovered in Car Accident Settlements: Our Recent Case Results
Our law firm has recovered millions in car accident settlements and judgments. However, we represent car accident victims in both big and small cases. Below is a sample of some of our recent car accident case results:
- We recently litigated a case and recovered $1,010,000.00 for a client who was seriously injured following a multi-vehicle intersection collision.
- We recovered $946,372.00 after our client sustained a T11 compression fracture, collapsed lung, and three broken ribs in an auto accident.
- After our client was left with a fractured vertebra, blood clots, and a broken wrist following a car accident, our trial attorneys recovered a settlement in the amount of $476,598.00 to compensate our client.
- We recovered $200,000 for our client after he was injured as a passenger in a vehicle when his own driver lost control and flipped the vehicle, causing our client to sustain a gash in his scalp requiring sutures.
- We litigated and recovered $175,000.00 for a client who suffered a torn meniscus due to a rear-end collision on Highway 249 in Houston, Texas.
- We recovered a $135,000 settlement for a client who was hit by a car as he was turning to the left when the car illegally tried to pass on the left. He suffered back and neck injuries and contusions.
Why Hire a Car Accident Lawyer at All?
Hiring a Houston personal injury lawyer with decades of experience in car, truck, and motorcycle accidents will grant you legal support through every step of your claim. A knowledgeable and dedicated auto accident attorney will:
- Gather evidence related to your accident;
- Negotiate with insurance companies on your behalf;
- Hire experts to bolster your case;
- Work toward a just settlement with the compensation you deserve;
- Represent you in court if you can’t reach a fair settlement.
Hiring an attorney as soon as possible matters because evidence can disappear over time. This includes physical evidence like skid marks, video footage, witness statements, and more. The sooner you involve a reputable car accident attorney, the better your chances of gathering the evidence you need to recover compensation.
If you delay hiring an attorney to file your claim, you may compromise or lose any right to compensation. You may accidentally admit partial fault or accept an insurance settlement offer below what you’re entitled to.
What Should I Do After a Car Accident in Houston?
After a car accident in Houston, get to safety, call 911, get medical care even if you feel fine, document the scene, and talk to a lawyer before giving any statement to the other driver’s insurance company. What you do in the first few days can decide whether your claim succeeds.
In this video, attorney Sharon Simmons Cantrell walks through these steps and explains why each one matters.
Video Summary:
Houston car accident lawyer Sharon Simmons-Cantrell talks about what to do after a car accident. After a car wreck, stay calm and make sure everyone is safe. Once everyone is safe, you can call the police and document the accident with photos of the cars and the scene. Sadly, people change their story all the time when there is no police report and no photographs. What seems like a cut-and-dry case to you can suddenly be a swearing match. Get the medical care you need if you are noticing any injuries. Then, if you are hurt, call a Houston car crash attorney to learn your rights.
At the Scene
- Move to safety. If you can, get yourself and your vehicle out of traffic. Turn on your hazard lights.
- Call 911. Report the crash and ask for an ambulance if anyone is hurt. In Houston, the Houston Police Department or the Harris County Sheriff’s Office will usually respond, depending on where the car wreck happened.
- Exchange information. Texas law requires drivers involved in an auto collision to exchange names, addresses, vehicle registration, and insurance information.
- Document everything. Photograph the vehicles, your injuries, skid marks, traffic signals, street signs, and the surrounding area. Get the names and phone numbers of any witnesses.
- Say as little as possible. Don’t apologize or guess about what happened. A comment like “I didn’t see them” can later be used to argue you were at fault.
If it was a hit-and-run: Don’t chase the other driver. Give the police whatever you remember: the make, model, and color of the car; any part of the license plate; what the driver looked like; and which direction they went.
Within 24 Hours
See a doctor, even if you feel fine. Adrenaline can hide injuries, and whiplash, concussions, and internal injuries often don’t show symptoms for hours or days. Getting examined protects your health. It also creates a medical record connecting your injuries to the crash, which is some of the most important evidence in your claim. Insurance companies routinely argue that a gap in treatment means you weren’t really hurt.
In the Days and Weeks After
- Notify your own insurance company with the basic facts. Most policies require prompt notice.
- Don’t give a recorded statement to the other driver’s insurer until you’ve talked to a lawyer.
- Don’t sign anything or accept a settlement offer. Early offers are often made before the full extent of your injuries is known, and once you sign a release, you can’t reopen the claim.
- Keep records of every medical bill, prescription, missed workday, and out-of-pocket expense.
- Stay off social media about the motor vehicle collision or your injuries.
- Get your crash report (see below).
Evidence like traffic camera and business security footage can be deleted within days or weeks, so the sooner a lawyer gets involved, the more evidence we can preserve. [Schedule a free case review] or call (713) 932-0777. Our intake team is available 24/7.
How to Get Your Houston Crash Report
Texas Transportation Code §550.062 requires officers to submit crash reports to TxDOT within 10 days of the accident for any motor vehicle crash that results in injury or death, or property damage to any one person that appears to equal or exceed $1,000. You can buy a copy through the TXDOT crash report portal. A regular copy costs $6.00, and a certified copy costs $8.00. The reports are usually available to the public within 3–14 days. Once you have a copy of the report, our attorneys are happy to help you understand the contributing factors and codes listed in the report. You can also purchase crash reports at local Houston locations.
What to Bring for Your Car Accident Consultation
When you are ready to speak with a car accident lawyer, your consultation will run faster and smoother if you gather and have the following documents handy:
- Your insurance card and policy information;
- The other driver’s insurance information;
- A copy of your police report (if you have it);
- Any papers the investigating officer gave you.
- The names and phone numbers for any eyewitnesses, passengers, tow truck drivers, vehicle storage lots, and medical providers.
- Photos of the accident scene, vehicle damage, and visible injuries;
- Medical records detailing your injuries, treatment plan, and medical bills;
- A front-and-back copy of your driver’s license, Social Security card, and health insurance card (including any applicable Medicare or Medicaid card).
- A smartphone for document signing if you are conducting the interview via Zoom.
Types of Car Accidents in Houston We Handle
Rear-End Collisions
Rear-end collisions involve one vehicle colliding into the rear 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 colliding front-to-front. They’re usually caused by high speeds, distracted driving, or wrong-way driving, and they often lead to injuries like brain trauma, spinal cord injury, and death.
Intersection Accidents
Intersection accidents are collisions that occur at a junction or where two roads converge. These accidents often 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.
2025 Drunk Driving (DUI/DWI) Accidents
Drunk driving accidents are auto wrecks where at least one driver was under the influence of drugs or alcohol. Unfortunately, DUI and DWI crashes are common—In Texas, DUI accidents killed 3,796 people and seriously injured 17,418 more. In Harris County, 138 people died in fatal drunk driving wrecks.
Speeding Accidents
Speeding accidents occur when one or more vehicles are operated well above the safe limit. High-speed accidents increase the likelihood of catastrophic injury and even death. In 2025, speeding-related crashes killed 1,247 people in Texas and seriously injured another 5,652, per TxDOT reports. It further accounted for 150,129 total crashes statewide.
Work Zone Accidents
Work zone accidents are collisions that happen in construction areas or stretches of highway where roadwork is being completed. Congestion, sudden stops, and heavy equipment in these areas can increase the potential for an accident.
Vehicle Defect-Related Accidents
Vehicle defect accidents occur when an issue with how the automobile is manufactured or designed contributes to or causes the accident. These crashes may result from manufacturing errors, poor vehicle design, or failure to follow 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. The Insurance Research Council found that 15.4% of U.S. drivers were uninsured in 2023, and 33.4% were either uninsured or underinsured. Sadly, we see many uninsured driver claims in the Houston area.
Hit-and-Run Accidents
Hit-and-run accidents involve one vehicle fleeing the scene after a collision. In these cases, unfortunately, one injured party is often left to deal with the police reports and damages alone.
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.
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, so their attention is likely to be pulled from the road to their mobile phone or another screen.
Common Car Accident Injuries & Long‑Term Effects
Soft Tissue and Orthopedic Injuries
Soft tissue and orthopedic injuries are especially common in car crashes, and they can range from mild to severe. Soft tissue injuries, for instance, include sprains, strains, and contusions to muscles, ligaments, and tendons in any part of the body. Similar injuries include:
- Whiplash, a neck injury caused by the rapid back-and-forth motion of the head;
- Broken bones, which may affect the arms, legs, ribs, face, and other parts of the body;
- Lacerations, which can occur when an external object strikes a vehicle passenger or when the passenger is thrown against a part of the car.
- Spinal cord injuries happen when any part of the spinal cord or its nerves is damaged. Spinal injuries are considered severe. In some cases, they can cause partial or complete paralysis.
Head & Brain
- Traumatic brain injuries (also known as TBIs) include concussions and more severe head traumas. In general, they involve any injury where the brain is pierced or shaken against the skull.
- Skull fractures can range from closed to compound, and severity may also depend on where the fracture occurs on the skull.
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), such as intrusive thoughts, distressing dreams, and more.
Other Injuries
- Internal organ damage caused by high-impact collisions that result in ruptures or perforations in vital organs like the liver, kidneys, or spleen;
- Severe burns, which may happen when a wreck involves fires, extremely hot surfaces, or chemical spills;
Texas Car Crash Statistics
According to TxDOT, in 2025, 244,534 people were injured in car accidents in Texas. Furthermore:
- 1 person was killed every 2 hours 19 minutes
- 1 person was injured every 2 minutes 9 seconds, and
- 1 reportable crash occurred every 59 seconds.
Houston Car Crash Statistics
Motor vehicle accidents are common in the Lone Star State, especially in busy urban areas like Houston. According to crash reports filed in 2025, there were 60,317 car wrecks in the City of Houston alone. In those, 293 people were killed, and 1.465 suffered serious injuries. Another 7,285 were noted as “suspected minor injuries,” and another 19,059 were noted on the police report as possible injuries. Major thoroughfares like the Katy Freeway, Interstate 45, and the 610 Loop all contribute to daily accidents in the city.
Can I Still Get Compensation If the Car Wreck Was Partly My Fault?
If you were not responsible for the majority of the crash, you can still get compensation.
Yes, you can still get compensation if the car collision was partly your fault. However, under Texas law, you can’t claim compensation if you were found to be more than 50% responsible for the crash. In other words, if you were not responsible for the majority of the crash, you can still get compensation. In the video below, attorney Paul H. Cannon discusses the 51% negligence rule and how it affects your case:
Video Summary:
Houston car accident lawyer Paul H. Cannon of Simmons and Fletcher, P.C. explains what Texas’s modified comparative fault law actually says, how recovery shrinks as fault rises, and why a jury, not an adjuster, sets the final percentage.
How Modified Comparative Negligence Works
If you are found to be partially at fault (but less than 50% at fault), modified comparative negligence will apply. This means your final settlement will be reduced by the percentage you are found at fault.
For example, if you’re found to be 10% at fault for your car accident, your settlement will be reduced by 10%. So, if you were awarded $100,000 as compensation, you will likely receive $90,000.
If you’re found to be more than 50% responsible for your accident, however, you cannot recover any damages. A resourceful Houston car accident lawyer can work with you to assess your case, determine your role in the accident, and help you get the best possible chance at maximum compensation.
Tips To Avoid Devaluing Your Case Due to Comparative Negligence Issues
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 improve your chances 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, don’t make any unnecessary comments. Stick to the facts of what happened and share only the required information.
- Speak to a Lawyer First: Contact an attorney before speaking with any insurance companies or the other driver’s legal team. Your attorney can handle all communications with your insurers and other parties to protect your rights.
Hiring a qualified and compassionate Houston personal injury lawyer for an auto accident means you’re hiring someone to protect your best interests at 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.
Understanding Texas Car Accident Law
How Do Negligence and Liability Work for Texas Car Accidents?
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 have to pay for your financial and emotional damages. So, if someone else’s negligence caused or contributed to your accident, you may be entitled to compensation.
Proving negligence, however, can be hard without the help of a qualified, experienced personal injury attorney. To prove negligence, you and your legal team must prove the following four elements to be true:
- The at-fault party had a duty of care to drive safely and protect others on the road;
- The at-fault party breached that duty of care;
- That breach directly caused the car accident;
- The accident caused significant damages.
If you can prove negligence—with the help of your Houston car accident lawyer—it may be easier to hold the at-fault party liable for damages. If your claim is successful, the at-fault driver will likely have to compensate you for any injuries caused by their negligence.
How Does the Car Wreck Settlement Process Work?
After you’re involved in a car accident in Houston, the other driver’s insurance company will initiate a claims investigation. Their team will investigate the accident, which may include asking you for a statement and requesting any records you possess.
Based on the evidence they’ve collected and you’ve provided, the other driver’s insurer will decide whether their driver was at fault. They will determine who is liable (or partially liable) for the collision, as well as what damages you may be owed.
Once the insurance company concludes its investigation, it’ll likely make you a settlement offer. This settlement will be based on your total financial losses (e.g., medical bills and lost wages). However, it will also be limited by the policy’s maximum coverage.
If you want to make your settlement process easier, hire a Houston car accident lawyer at any time during the process. With an experienced legal team by your side, you’ll have a Houston car crash lawyer 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 Long Do I Have to File a Car Accident Claim in Texas?
Adults have two years from the date of your car accident to file a lawsuit in Texas. This deadline is known as the statute of limitations. Under Texas law, it applies to nearly all personal injury cases.
*Texas law has certain exceptions to the statute of limitations for car accidents, but they are extremely rare. Consult a lawyer to double-check.
Caveat: Claims against a city or county vehicle in Houston.
Under §101.101(a) of the Texas Tort Claims Act, a governmental unit must receive notice of a claim within six months of the incident. The City of Houston’s charter (Article IX, Section 11) shortens that to 90 days. Cities may set shorter deadlines by charter or ordinance, and missing one can bar the claim even if the two-year limitations period hasn’t run.
How Much Is My Houston Car Accident Case Worth?
Every car accident claim is different, and various factors can affect how much your case is worth. While no legal team can guarantee a specific amount of compensation, a hardworking and resourceful attorney will do everything they can to maximize your potential settlement. A knowledgeable car accident lawyer can also help you understand the different factors that can affect your claim’s value, which may include:
- The amount of medical bills you’ve incurred, including emergency care, surgeries, medications, physical therapy treatments, and more;
- The duration and severity of your injuries, especially if you’re expected to have future and ongoing medical expenses and long-term lifestyle changes;
- If you were unable to work or have a diminished capacity for future earnings due to your injuries;
- If your car was damaged in the crash, meaning you may be able to claim any repair or replacement costs as part of your damages;
- Being partially at-fault for your accident, which would cause your settlement amount to be reduced by the same percentage of the accident you were found at fault for;
- Experiencing emotional damages like pain and suffering as well as mental anguish and reduced quality of life.
Knowing these factors helps our legal team determine a fair settlement amount in your case. 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 compensate for all of these factors, as well as any ongoing pain and suffering the injured party experiences for the duration of the injury (which may be lifelong).
To maximize your case value, keep all records of medical treatments, medical expenses, lost wages, property damage, and any other losses related to your accident. Your experienced legal team can use these records to build your car accident claim and help you get as much compensation as possible.
Speak with a motor vehicle accident attorney today to schedule your free case review. Fill out our contact form online or call (713) 932-0777 to find out how much your case could be worth with the help of experienced accident lawyers in Houston, Texas.
Common Insurance Company Defenses in Car Accident Cases
When used by insurance companies, an “unavoidable” or “act of god” defense means that your accident wasn’t preventable, and nothing the driver did (or didn’t do) could have changed the outcome. Usually, this defense applies to weather elements like hurricanes, windstorms, blizzards, lightning strikes, and floods, or medical emergencies like a stroke or heart attack.
Sudden Emergency Claims
A sudden emergency claim defense may apply if the accident was caused by something the insurer believes the driver could not foresee or anticipate. For example, 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
Another insurance defense is to claim that the defendant’s negligence didn’t directly cause your injuries and damages. This is called the “new and independent defense,” and it’s usually used when a “new” event happens between the act of negligence and your injury. For example, if a car stops to let someone out at a safe drop-off spot, but this person walks into a pothole and falls, the pothole would be a new and independent cause.
Challenges to Causation and Injuries
An insurance company may challenge your car accident claim by arguing that you had a pre-existing injury. In other words, they may claim that your injury existed before the accident and was not caused by it. Or, they might claim that you had pre-existing injuries that were aggravated by other factors—not by the accident. They may also claim that the medical treatments you received were unnecessary.
Related Resources
- How to File an Injury Claim Against an Auto Insurance Company. Learn how the insurance company you are fighting deals with your claim.
- What is Personal Injury Protection (PIP)? Learn about this coverage and how to file a claim.
- Recovering Medical Expenses From an Uninsured Driver: Find out what legal options you have after being hit by an uninsured motorist in TX.
- Why the Insurance Adjuster Isn’t Calling Back: Understand why your auto insurance claim adjuster may not be getting back to you—and how to resolve the issue.
- What to Bring to a Meeting with an Attorney. Get a more detailed understanding of what to bring and why when you discuss your accident claims with a lawyer.
Consult a Car Accident Lawyer in Houston, TX
Simmons and Fletcher, P.C., is a law firm dedicated to helping accident victims put their lives back together after a serious crash. We have helped car wreck victims in Houston, Katy, and across Texas since 1979. If you want a name you can trust for sound advice, call Simmons and Fletcher. Our auto accident attorneys are here to help. call (713) 932-0777 today.
FAQ's
Are Rideshare (Uber/Lyft) Accidents Different?
Rideshare accidents can be different because they involve multiple parties and more complex insurance coverage. They may involve the rideshare driver, the company, other drivers, and other passengers. Plus, Uber and Lyft drivers have corporate insurance policies that can limit liability. These factors can complicate things, but a skilled and knowledgeable uber accident lawyer in Houston can help you understand the special circumstances in a rideshare case.
What If I Don’t Feel Injured After the Accident?
If you don’t feel injured after a car accident, you should still see a doctor and talk to a lawyer. Some injuries (e.g., whiplash or brain trauma) won’t show up right away but can lead to greater problems for you down the road. By seeing a medical professional and contacting an attorney right away, you’ll be more likely to accurately identify these injuries and save yourself from accepting a low-ball offer from an insurance settlement.
How Long Will It Take to Settle My Case?
It will likely take about 2-12 months to settle your Houston motor vehicle accident case. The vast majority of car crash claims settle within this time period, but some take years. It all depends on the details of your case, such as the severity of your accident, the severity of your injuries, and whether or not your case goes to trial. A knowledgeable car accident attorney can help you out with an estimate of how long your case will take to settle.
Do I Have to Go to Court or Will I Get a Settlement?
After a Houston car accident, you will likely get a settlement and not have to go to court. The majority of car accident claims are settled through out-of-court negotiations between your legal team and the other driver’s legal team. If a fair settlement can’t be reached through negotiations, however, you may need to file a lawsuit and go to court in order to seek appropriate compensation for your damages.
How Much Does It Cost to Hire a Car Accident Lawyer?
It costs nothing upfront to hire a car accident lawyer at Simmons & Fletcher. Our personal injury attorneys work on a contingency fee basis, meaning that you don’t pay any out-of-pocket costs for our services. We only get paid if we win your case and recover compensation for you. If we do win your case, our fee will be a percentage of your total recovery, and only then will we be reimbursed for any case expenses and court costs as well.
What If I Need Money Immediately for Medical Bills?
If you need money immediately for medical bills after a car accident and can’t wait for your personal injury claim to be settled, you have three options:
- Use your own health insurance to cover immediate costs.
- Use Personal Injury Protection (PIP) or MedPay from your own auto policy if you have this coverage.
- Hire an attorney to issue letters of protection to your medical providers.
How Do I Read My Texas Car Accident Report?
Here’s a cheat sheet of the key information you’ll find on each page of your report:
- Page 1: Date, time, location, drivers, passengers, witnesses, vehicles, and injuries.
- Page 2: Filed charges, description of events, visual diagram, officer’s statement, hospital transport details, fatalities.
- Page 3: All data about commercial vehicles involved, e.g., contact information, cargo inventory, vehicle weight, and more.
- Page 4: An explanation of the codes and terminology in the accident report.
Does not wearing a seatbelt hurt my personal injury claim in Texas?
It can. Under the Texas Supreme Court’s decision in Nabors Well Services, Ltd. v. Romero, 456 S.W.3d 553 (Tex. 2015), evidence that you weren’t wearing a seat belt is admissible if the defense shows that failure caused or worsened your injuries. A jury may then assign you a percentage of fault, which reduces your total recovery under Texas’s proportionate responsibility law. It does not automatically bar your claim unless your assigned percentage of fault exceeds 50%.






