Why Choose Simmons and Fletcher for Your Highway Crash Case?
When you’re operating a vehicle on a shared roadway or highway, other drivers have a responsibility to drive safely and do everything in their power to prevent an accident. If you’ve experienced a highway crash in Houston, TX, you deserve to have your rights protected and defended in the wake of your injuries. At Simmons and Fletcher, our qualified attorneys have years of experience in managing these personal injury cases, and our team works diligently to help our numerous clients fight for their rights.
If you choose to hire our firm and we’re able to take on your case, then our hardworking and experienced Houston highway crash attorneys will investigate your case, gather evidence, and handle all communication with negligent parties and their insurance companies on your behalf. We’ll take you through every step of your legal process, ensuring that you fully understand your legal rights and feel fully heard throughout your claim and case.
Reach out to a Houston personal injury and motor vehicle accident attorney at (713) 932-0777 to schedule your free initial consultation. There is no out-of-pocket cost to hire our attorneys—you won’t owe us a cent unless we win your case.
Staying near the car puts you at risk of getting hit by the vehicle or flying debris if someone hits the car.
Why Are Houston Highways So Dangerous?
Unfortunately, Houston is home to some of the deadliest and most dangerous highways in the U.S. According to data from the Texas Department of Transportation, the state saw 15,219 serious injury crashes in 2023 alone. In that same year, on average, one person was killed every 2 hours and 3 minutes, and one person was injured every 2 minutes and 6 seconds in a reportable crash. But why do so many accidents happen on Houston highways?
Part of the answer is Houston’s heavy traffic volume and inadequate infrastructure. Houston has a large population: 2.314 million people as of the 2023 census estimate, to be exact. This large population in turn leads to many vehicles being on the roads, which creates congestion and an increased potential of accidents in Texas.
Combined with this heavy traffic and congestion is Houston’s outdated highway infrastructure. Some of Houston’s freeway sections haven’t been updated to modern standards, so the tight curves, bumpy roadways, and aging bridges can potentially increase the risk of highway crashes.
Other factors also contribute to Houston’s high crash rate, including construction zones that disrupt traffic flow and negligent drivers who operate vehicles while being distracted, drunk, or speeding.
What Are the Most Common Causes of Houston Highway Crashes?
Driver Negligence and Recklessness
Driver negligence is one of the leading causes of car, bus, and truck accidents in Houston. Negligence and recklessness behind the wheel often involve distracted driving, which includes texting while driving, eating and drinking while driving, talking to passengers, tending to children in the backseat, and attempting to reach for an object or item on the floor.
A crash caused by driver negligence may also be due to drunk driving or otherwise driving under the influence, as well as unsafe and unlawful driving practices like speeding, failure to yield right of way, aggressive driving, and inexperienced driving.
Poor Road Conditions or Construction Zones
In some cases, dangerous road conditions, poor road designs, and construction zones can lead to highway crashes. Construction zones can create unexpected obstacles for drivers and require sudden lane changes, reduced visibility, and overall confusion. Similarly, poor road conditions like potholes or faded lane markings may lead to a loss of vehicle control or other crash factors.
Other common causes of car accidents include weather, visibility issues, vehicle malfunctions like tire blowouts, and defective equipment like brakes and airbags.
Who Can Be Held Liable After a Houston Highway Crash?
Determining Responsibility & Proving Negligence
In most cases, a highway crash claim and lawsuit will require you (or your attorney) to find a responsible party and prove their negligence. In this case, negligence means that someone else acted in an unsafe and reckless way, and this behavior led to your injuries. Different parties can be found responsible for a motor vehicle accident—from private drivers and trucking companies to government agencies and vehicle manufacturers. Once hired for your claim, a Houston highway crash attorney will thoroughly investigate your case and help you determine the responsible party and prove negligence through the following four elements:
- The defendant owed you a duty of care by operating a vehicle on a shared road.
- The defendant breached that duty through their negligent behavior.
- His behavior directly caused your injuries.
- These injuries have resulted in you incurring evidenced damages.
Why Insurance Companies Can Be Challenging
Unfortunately, you can’t always rely on insurance companies to faithfully negotiate your claim and award you the compensation you deserve. Sometimes, insurers may pressure you to settle quickly before you fully understand your injuries and receive qualified legal advice. If you sign a settlement with an insurance agent too quickly, you may forfeit the future compensation that you may otherwise be entitled to.
When you hire a Houston highway crash attorney from Simmons & Fletcher, your lawyer will handle all negotiations and communications with your insurance company. You can take one more task off of your to-do list, and you can relieve your mind of any worry over being taken advantage of.
Can I Still Recover Damages If I’m Partially at Fault?
Yes—in the state of Texas, you can still recover damages if you were partially at fault, as long as you are 50% or less at fault. If you are found to be partially at fault but not at fault for the majority of your accident, then you can still receive compensation for damages like medical bills, pain and suffering, and more. However, your total compensation will be reduced by the percentage that you were found at fault.
For instance, let’s say you were awarded $100,000 in compensation, but you were found to be 10% at fault. Your total compensation would be reduced by 10% to receive a final amount of $90,000.
How Long Does It Take to Settle a Houston Highway Crash Lawsuit?
How Do Serious Injuries Influence Settlement Speed?
Most highway crash and car accident cases in Houston settle in about 2-12 months, although it’s impossible to determine the exact timeline of a case—some take years to fully resolve. One of the key factors that influences settlement speed is the severity of your injuries. Serious crashes that cause major injuries will typically take longer to settle because determining the long-term effects and costs of your injuries will require a more in-depth investigation and consultation with relevant experts. However, it’s extremely important that your attorney take the time to properly assess your damages to determine the maximum compensation that you may be owed.
Does Insurance Cooperation Matter?
Yes, it’s important that insurers cooperate in order for your claim to proceed smoothly and efficiently. In some cases, insurance representatives may attempt to delay or dispute your claims, meaning that your negotiation process will stretch out for longer. However, hiring an attorney can expedite this process as they will handle these negotiations on your behalf, which usually results in a quicker resolution.
What Is the Deadline for Filing a Houston Highway Crash Lawsuit?
In Texas, you typically have two years to file a Houston highway crash lawsuit, according to the state’s statute of limitations. Rare exceptions include:
- If your claim involves a government employee, you only have 90 days.
- If the injured party is a minor or can’t be located, you may get an extended deadline.
How Do Attorney Fees Typically Work for Highway Crash Cases?
What Is a Contingency Fee Arrangement?
A contingency fee arrangement means that you don’t pay legal fees of any kind unless we recover compensation on your behalf. The last thing we want to do is create more financial stress for you and your loved ones, which is why you won’t owe any money to any Simmons & Fletcher attorney unless they win your case.
Should I Worry About Upfront Costs?
No, you do not have to worry about paying any upfront costs or fees when you work with Simmons & Fletcher. You don’t have to pay us anything unless we win your case. Up to that point, you don’t owe us anything. Once we make a recovery via settlement or judgment, our litigation expenses, court costs, and attorney fees come out of the recovery.
