Car Accident Lawyer
Houston Car Accident Attorneys Serving Texas Since 1979
A car accident lawyer fights for your rights when someone else causes a wreck and injures you. If you have been injured in an auto accident, Our Houston attorneys can help put your life back together and get you on the road to recovery. There are many firms to choose from in Texas, but few can say they have been exclusively speaking up for the injured since 1979. Call Simmons and Fletcher, P.C., Injury & Accident Lawyers to get a Houston car accident lawyer on your side. Call us at 800-298-0111 for your free consultation today. Every consultation is free and you pay no fees nor expenses unless we make a recovery.
Car Accident Attorneys With Experience You Need
Paul H. Cannon tried his first car accident trial in 1996 and is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. He has tried over 50 car accident cases to verdict and has been recognized as a Super Lawyer in Texas Monthly Magazine by Thompson-Reuters from 2017 to 2021 and Top 100 Lawyer by the National Trial Lawyers Association from 2017 to 2021.
Sharon Simmons-Cantrell earned her Texas bar license in 1991 and has been practicing personal injury law with Simmons and Fletcher ever since. She was recognized as a Top Lawyer by H Texas Magazine from 2013-2019.
Christopher Keith Fletcher earned his law degree from Baylor Law School and passed the bar in 2009. Since then his relentless aggression has earned him recognition published in Texas Monthly Magazine as a Rising Star by Thompson-Reuters in 2020 and 2021 and a Top 40 Under 40 Attorney by the National Trial Lawyers Association.
Schedule a Free Case Consultation
You don't pay unless we win
Schedule a Free Case Consultation
You don't pay unless we win
Type Of Accidents We Handle
Not all car accidents are the same. They vary depending upon the vehicle you are operating, the vehicle the other driver is operating, the insurance coverage available or the driver’s mental state and/or degree of intoxication. Not all car accident attorneys you hire for accidents and injuries are the same either. You need an attorney with decades of experience handling the tricks that adjusters will throw at you. Here are some of the different types of accidents we handle:
- Pedestrian Accidents
- Bicycle Accidents
- Dram Shop Accidents
- Motorcycle Collisions
- Uber/Lyft or Rideshare Accidents
- Uninsured/Underinsured Motorist Claims
- Passenger Claims
- Car Accidents Caused by Drunk Drivers
What Do Our Clients Say About Us?
Review: 5/5 ★ ★ ★ ★ ★ “This firm is very efficient and nice to work with. I was kept in the know on every aspect of the case. I would recommend this firm for their knowledge and expertise.”
– Rebecca P., actual client.
Key Questions To Ask When You Hire A Houston Car Accident Lawyer
Should I Hire a Car Accident Attorney?
While there are many considerations in deciding whether to hire a Houston car accident attorney, these are the two most important factors to take into consideration:
- Were you physically injured and to what extent? There more serious the injuries are, the more likely you need legal representation.
- Do you have the means to get the medical care you need now? Insurance companies usually expect you to come out-of-pocket to get medical care after a wreck and settle the case at the end. This can cause a great financial burden on the victim–making it impossible to get the care you need. Insurance companies will then use your delay in getting care against you.
Injury claims are often hotly contested by insurance companies even where liability is clear. Thus, if you were involved in an auto accident and suffered serious injuries, you cannot leave it up to the other party or their insurance company to fairly compensate you.
Non-injury accidents or accidents requiring little or no medical care with undisputed liability may not require an attorney. But if you are injured, you need an experienced Houston car accident attorney on your side.
How Much Does It Cost to Hire a Car Accident Attorney in Houston?
In Houston, Lawyers for car accidents are typically paid a percentage of what they recover plus they get reimbursed for any expenses they payout along the way. It is common to pay 33.33% if the case is settled without a lawsuit filed, 40% if a lawsuit is filed, and 45% if the case is appealed after trial to a higher court.
Simmons and Fletcher, P.C., Injury & Accident Lawyers work on the same contingency fee structure as above. As the case is being prosecuted, we pay all the litigation expenses upfront so you do not have to come out of pocket and we only get reimbursed these expenses out of any recovery we make. This means that you pay nothing unless we make a recovery in your case. And, if we do not make a recovery in your case, we eat our expenses.
How Can a Car Accident Lawyer Help?
A car accident lawyer can some of the stress out of the recovery process for you by:
- helping you locate doctors who are willing to see you and provide you with the medical care you need
- identifying and notifying all of the potential parties and their insurance companies and employers
- pursuing compensation for all elements of damages the law allows you to seek recovery for
- investigating the causes of the wreck, preserving evidence, and taking witness statements
- drafting a demand letter
- negotiating a settlement
- negotiating medical, insurance, and government liens
- litigating the case and trying the lawsuit.
We handle car accidents in Houston every day. We also offer a free consultation and we charge no fees unless we make a recovery.
Car Accident FAQ:
What Should I Do After a Car Accident in Houston?
The six steps you should take after a car wreck are:
- Assess the injuries and seek medical care
- Move the vehicles out of the road if it can be done safely
- Contact the police and request a report be done
- Photograph the scene and injuries
- Obtain a copy of the police report
- Call an Attorney for your Car Accident.
How is the Value of an Auto Accident Claim Determined in Houston, Texas?
There is no exact formula for determining the amount of a car accident settlement in Houston, TX. Factors that contribute to a settlement amount include:
- The severity of a person’s injuries, scarring, disfigurement, pain, and emotional duress.
- The cost of necessary medical expenses and predictable future medical expenses
- The total amount of your property damage
- The total amount of your lost wages and lost earning capacity
- How much you contributed to the cause of the accident
- Your lawyer’s ability to present evidence and argue your case
Each accident has unique circumstances that will impact the amount of a claim. As a “fault” insurance state, the laws in Texas allow an injured person to file a claim with the at-fault driver’s insurance. Furthermore, Texas law requires drivers to carry a minimum amount of liability insurance coverage. However, the presence of insurance coverage does not mean a person will recover the entire amount of the policy.
Should I Go To The Doctor After a Car Accident in Houston, TX?
If you are involved in an automobile accident you need to assess all injuries and determine if an ambulance is required. Often, individuals experience a rush of adrenaline after a car accident and do not feel their injuries until time has passed. Remaining safe after a car accident is the most important thing, so any injuries sustained should be examined by a medical professional as soon as possible.
Should I Move My Car After A Car Accident?
If you can steer it, clear it. That is the rule in Texas. If you can safely move the vehicles out of traffic to a safe area, you should do so. If you cannot do so safely, you can wait for the police to arrive to assist in this process.
Should I Contact the Houston Police After a Car Accident?
Always call the police when an accident occurs. Regardless of the severity, be sure to request an accident report. This helps ensure no facts about the accident can be skewed. Some habitually bad drivers use fake insurance information and may change their story after the accident. This is just one step you can take to protect yourself from this kind of negligence.
What Should I Photograph After A Car Accident Collision in Houston?
Take photos of everything involved in the car accident. Use your phone to take pictures of the following:
- The vehicles
- The defendant
- The other driver’s insurance card and driver’s license
- The police officer’s name and badge number
- License plates
- Business cards of the wrecker driver, witnesses, and officer
One of the great aspects of smartphones is having a quick convenient way to document things at your fingertips.
From property damage to insurance cards, documenting each aspect of the initial accident can help ensure you are fully protected. Storing the information in your phone can be beneficial since little things like cards and written notes can be lost easily in the wake of a car accident. Additionally, you should just down in the notes section of your phone the name, address, and phone number of any eyewitnesses.
How do I Obtain a Crash Report in Houston?
All police reports associated with car accidents in Texas eventually end up in the Texas Department of Transportation’s Crash Reporting and Analysis for Safer Highways (C.R.A.S.H.) where you can download them online. The time it takes to get a report may vary depending upon what city or county department the report comes from, but 7-14 days is the norm unless there are special circumstances. Sometimes, you can obtain a copy of the police accident report sooner by contacting the local department that investigated the collision. Below are links to pages with more detail on obtaining accidents locally:
Why Won’t My Auto Insurance Company Pay for My Medical Care as I Go?
Auto insurance companies often refuse to pay your medical as you get the care because it is in their best interests for you to not get the care you need timely. By doing so, you reduce the potential settlement value of your case. They also know that delays and gaps in care make juries second guess whether you were really hurt. Thus, stalling your case is in their best interest and saves them money in the long run.
Do I Need a Lawyer if the Insurance Company Accepts Full Responsibility for the Collision?
When an adjuster tells you ‘we take full responsibility,’ it does not mean they will pay all of your medical bills and compensate you fairly for other losses from your car accident. Liability is rarely the biggest fight. Insurance adjusters will fight you over the value of the medical services regardless of what the doctor or hospital actually charged you. This is why having an experienced car accident lawyer fighting for your rights can make a big difference.
Is the Other Parties Insurance Responsible for All of My Medical Bills in Houston?
The Texas Supreme Court has recently ruled that insurance companies do not have to accept and pay the full bill that you incur from a medical provider even though you have no control over the charges. They can now use a computer program to challenge even the emergency room bills to show that they are above the ‘average’ rates that doctors routinely accept. By doing so, you could get left owing the hospital more than the insurance company is ordered to pay even by a jury! You need an auto accident attorney fighting for your rights because when it comes to holding insurance companies responsible, the deck is stacked against you in Texas.
Do I Need a Lawyer if the Insurance Company Pays My Property Damage?
Payment of property damage to your vehicle is not an admission of liability for your personal injuries suffered in an accident. A lawyer can still fight for compensation and advise you on how not to do things that might harm your case.
Paying for property damage before denying an injury claim is a common tactic used to try to prevent a jury from ever seeing photos of the property damage. When your case goes to trial, you are typically not even allowed to tell the jury that the insurance company paid for the property damage their insured caused.
Do I Need an Attorney if the Houston Police Ticketed the Other Driver?
Yes. A traffic citation is not admissible to prove fault unless the offending driver admits to the crime in open court. Since they usually plead no contest, rarely are traffic tickets admitted into evidence. Moreover, the fight is often over damages, not fault.
Should I Give a Recorded Statement After a Car Accident?
Do not ever give a recorded statement without having a car accident lawyer for you present. Recorded statements can be used against you. Your own company’s insurance adjuster or the other parties involved may use recorded statements to deny your claim or trick you into settling your claim before you know all of the long-term effects associated with your injuries.
Can the Insurance Company Refuse to Disclose Policy Limits in Houston?
Each state is different. In many states like Texas, insurance companies do not have to tell you how much insurance coverage their insured has unless you file a lawsuit and force them to disclose the policy limits under oath. Thus, if your damages are likely to exceed $30,000 (the minimum limits required), you may need to file a lawsuit to find out how much coverage there really is.
What Damages Can I Recover in a Houston Car Accident?
Texas law allows for the recovery of many kinds of damages. If you have suffered injuries due to an auto collision, you are entitled to assert a claim for the following damages:
- Lost Wages & Lost Wage Earning Capacity
- Pain & Suffering
- Mental Anguish/Emotional Distress
- Medical Expenses
- Scarring & Disfigurement
What Damages Can My Spouse Recover in a Houston Car Wreck?
When you suffer a serious injury, spouses have the ability to assert claims for the following:
- Loss of Consortium
- Loss of Household Services
- Loss of Spousal Support
- Loss of Inheritance
- Wrongful Death
Do I Need a Lawyer if I Only Have Vehicle Damage?
If you have damage to your vehicle but no one was injured, you will likely need to handle the claim on your own. Like most personal injury lawyers, we do not take cases that involve property damage but no injuries. However, you can download a copy of our free property damage claim guide to help you get the most out of your claim on your own.
The law is pretty clear that the obligation of a party who is 100% at fault is simply to return the car to pre-accident condition. This means that if the car is totaled, they pay you the fair market value as of the day of the wreck. If it is not totaled, they pay to repair it. If you have to pay a lawyer out of the property damage settlement, you will likely not be left with enough to repair or replace the vehicle.
Tips For Filing Auto Accident Claims
If you would like to learn more about filing car accident claims, please read: Tips for Filing Claims Against Insurance Companies
Download a Free Accident Checklist
We have created a free one-page checklist that you can keep in your glove box in the event you are involved in a collision. This will help remind you of everything you need to document when the time comes. Download the free Car Accident Checklist now.
Texas Car Accident Fatality Statistics
There were 38,824 people killed in car accidents in 2020 across the United States. In 2021, there were 4,489 people killed in auto accidents in Texas. This is up from the 3,619 people killed in 2020 and the 1,876 people killed in Texas car wrecks in 2019. Thus, fatal auto crashes continue to rise year over year in Texas.