If you suffered serious injuries or lost a loved one in a car accident, it is important to know that you may have the opportunity to seek financial recovery for your damages and losses. Car accidents can have lasting consequences for victims and their families, including chronic pain, emotional trauma, and significant financial hardship. Many car accident victims find that their bills add up quickly, especially if they are unable to work because of their injuries.
At D. Miller & Associates, PLLC®, our dedicated Houston personal injury attorneys can help you pursue compensation for your injuries. Contact us today for a free consultation. We can help you understand your legal options and advance a claim supported by strong evidence, expert input, and the litigation experience needed to hold all liable parties accountable.
Why Choose D. Miller & Associates, PLLC After a Car Accident in Houston?
When car accident victims need trusted legal representation in Houston, many turn to D. Miller & Associates, PLLC. With over 66 years of combined experience and more than 36,000 cases won, our firm has built a strong reputation for delivering results. Our team of 83 dedicated professionals works tirelessly to provide compassionate, client-focused support.
We have received several awards and honors that reflect our commitment to excellence and client satisfaction, including:
- Small Business Community Association – Excellence Award
- The National Trial Lawyers – Top 100
- American Institute of Personal Injury Attorneys – 10 Best Award for Client Satisfaction, 2017-2018
They underscore our dedication to providing exceptional legal representation and our ongoing commitment to serving our clients with integrity and professionalism.
Car Accidents in Houston Are a Daily Reality
Houston’s sprawling geography, rapid population growth, and limited public transit options have made it one of the most car-dependent cities in the United States. Whether commuting from Westchase to Downtown, making your way along the 610 Loop, or merging onto I-45 from Spring Branch, defensive driving is often not enough to avoid a collision with negligent motorists.
Houston has some of the most dangerous highways and intersections in the state:
- I-45 is frequently cited as one of the deadliest highways in the nation, with high-speed traffic and frequent congestion near Greenspoint and Hobby Airport exits.
- Loop 610 (North, East, South, and West Loops) is especially dangerous near merge points like I-45, US-59, and I-10.
- Beltway 8 (Sam Houston Tollway) is the frequent site of T-bone crashes and high-speed wrecks. Notable crash zones include intersections with Westheimer Rd, I-45, and SH-249.
- Intersections like Bissonnet Street & Wilcrest Drive are one of the most crash-prone intersections in the city, per TxDOT and HPD data, due to dense traffic, pedestrian activity, and motorists running red lights.
- Fannin Street and Pierce Street (Downtown) are dangerous due to congestion. In addition, one-way navigation confuses out-of-town drivers, and there are frequent Uber/Lyft and METRO Rail-related accidents.
Crash Statistics
With a serious dependence on automobiles, drivers face significant risks starkly reflected in the city’s alarming crash statistics.
According to the Texas Department of Transportation (TxDOT), Houston consistently reports the highest number of traffic crashes among Texas cities. It ranks among the nation’s top cities for serious injury collisions. In 2023, it experienced:
- Over 67,000 motor vehicle crashes
- Nearly 1,400 serious injury crashes
- More than 275 traffic fatalities
- Thousands of accidents involving impaired, distracted, or reckless drivers
These statistics highlight the significant traffic safety challenges in the city.
Common Types of Car Accidents We Handle
At D. Miller & Associates, PLLC, we advocate for individuals injured in virtually every type of motor vehicle collision. Each case presents its own set of legal and evidentiary complexities, often involving overlapping issues such as driver negligence, defective vehicle components, and contested insurance claims.
Below are some of the most common types of motor vehicle collisions we see in our practice:
- Distracted Driving Accidents: Texting, app usage, and hands-free distractions continue to be leading causes of crashes in the Houston area.
- Drunk Driving Accidents: Alcohol-related collisions often result in catastrophic injuries and may support claims for punitive damages under Texas law.
- Drowsy Driving: Fatigue impairs reaction time and decision-making, which is especially dangerous late at night.
- Rear-End Collisions: Often caused by speeding, tailgating, or inattention, these accidents frequently result in whiplash and spinal injuries.
- Head-On Collisions: Among the most dangerous and deadly crashes, particularly at high speeds.
- Left Turn Accidents: Can result in side-impact or multi-vehicle crashes with serious injuries.
- Red Light Accidents: Running red lights or failing to yield often leads to serious T-bone collisions.
- Highway Accidents: Crashes on I-10, US-59, and the 610 Loop often involve high speeds, limited reaction time, and multi-vehicle pileups.
- Rollover Accidents: These crashes are frequently linked to SUV design flaws, tire failures, or abrupt evasive maneuvers.
- Defective Tire Accidents: Blowouts or tread separations can lead to loss of vehicle control, often implicating tire manufacturers or maintenance providers.
- Uninsured Motorist Accidents: We help clients pursue claims through their UM/UIM policies when the at-fault driver lacks coverage.
- Uber & Lyft Accidents: Rideshare claims often involve multiple insurers, policy exclusions, and disputed liability.
- Food Delivery Accidents: Apps like DoorDash and Grubhub introduce legal questions about coverage, driver status, and third-party responsibility.
- Taxi Accidents: Collisions involving taxis may implicate corporate fleets, lax maintenance practices, or negligent hiring.
- Fatal Car Accidents: We represent families in wrongful death claims, holding negligent drivers and entities accountable for life-altering losses.
Understanding the most common types of car accidents in Houston is essential to recognizing the serious risks they pose. Whether it’s a rear-end collision causing whiplash, a high-speed crash resulting in a traumatic brain injury, or a multi-vehicle pileup leading to catastrophic injuries, the consequences can be life-altering.
If you or a loved one has been harmed in a motor vehicle accident, it’s crucial to seek immediate medical care and consult with a qualified personal injury attorney to protect your rights and pursue the compensation you need to rebuild your life.
“The concept of loss is often tied to identity. What may be a devastating loss for one person may be a tolerable inconvenience for another. The difference lies in how each of us sees himself and what each of us values in life.”
Texas Laws on Fault for Car Accidents
When filing insurance claims, Texas is a fault, or tort, state. This means that the person responsible for causing the accident must provide coverage for the victims’ damages through their auto insurance policy. If your damages are minor, you may feel comfortable handling the insurance claim on your own, but if you think you may have a large or complex claim, we recommend contacting us to deal with the insurance company.
Modified Comparative Negligence Laws
Texas also has a modified comparative negligence law, which means that the insurance company responsible for providing coverage will assess the situation and assign a percentage of liability to each party. While one party may be found 100% responsible in some cases, it is not uncommon for insurance carriers to designate the victim as partially at fault.Fortunately, even if the insurance company claims you are partially at fault for the accident, you may still be entitled to compensation, as long as your share of responsibility does not exceed 50%. Under Texas law, a plaintiff found 51% or more at fault is barred from recovering damages.
While insurers often attempt to shift blame during the claims process, their determinations are not final; if the case goes to court, a judge or jury will make the ultimate decision regarding fault. This underscores the importance of having a skilled car accident attorney to challenge unfair fault assessments and protect your right to recovery.
What If the At-Fault Driver Has No Insurance?
If you’re involved in a car accident in Texas and the at-fault driver has no insurance, you may still have options for recovering compensation, especially if you carry Uninsured/Underinsured Motorist (UIM) coverage as part of your auto insurance policy.
UIM coverage is not mandatory in Texas, but insurers are required by law to offer it, and policyholders must reject it in writing if they choose not to carry it. This type of coverage can help pay for your medical expenses, lost wages, pain and suffering, and other damages when the other driver lacks insurance or carries insufficient coverage to fully compensate you.
To pursue a UIM claim, you generally must prove the other driver was at fault and demonstrate the extent of your damages. These claims are made directly through your insurance company, but they can be as complex and adversarial as third-party claims, making legal representation especially valuable.
Who Can Be Held Liable in an Auto Accident in Houston?
Determining liability in a car accident often requires evaluating multiple parties who may share legal responsibility. Under Texas law, accountability is not limited to the at-fault driver; others may also be held liable depending on the circumstances.
Potential liable parties include:
The Other Driver
Typically, the primary liability lies with the negligent driver whose actions caused the collision, whether due to distracted driving, speeding, or other reckless behavior.
Employers or Commercial Vehicle Operators
When a commercial truck or company vehicle is involved in a collision, the employer or commercial operator may be held legally liable under Texas law. This liability may arise from negligent hiring or training practices, failure to maintain vehicles properly, or violations of state or federal safety regulations.
If the driver was acting within the course and scope of employment at the time of the accident, the employer may be vicariously liable under the doctrine of respondeat superior.
Government Entities
Local or state government agencies may be held liable when hazardous road conditions, such as poor roadway design, inadequate signage, potholes, or malfunctioning traffic signals, contribute to a motor vehicle accident. Under the Texas Tort Claims Act, government liability is limited and subject to strict procedural requirements, including notice provisions and damage caps.
However, when negligence in roadway maintenance or traffic control results in unsafe conditions, a governmental entity may be legally responsible for injuries.
Potential Compensation After an Auto Accident
Most individuals associate compensation after a car accident with immediate costs such as medical bills and vehicle repairs. However, Texas law allows injury victims to seek damages that reflect the full scope of their losses. A personal injury claim should account for the physical, financial, and practical consequences of the collision, ensuring that all short- and long-term impacts are thoroughly addressed.
The categories of damages available under Texas law fall into three main groups: economic, non-economic, and, when justified, exemplary (punitive) damages. You may be eligible for:
Economic Damages (tangible financial losses):
- Emergency treatment, hospitalization, surgery, and rehabilitation
- Future medical expenses related to long-term injury or disability
- Lost wages during recovery
- Loss of future earning capacity if your ability to work is impaired
- Vehicle repair or replacement costs
Non-Economic Damages (subjective, non-monetary losses):
- Physical pain and suffering – Compensation for ongoing discomfort and physical distress caused by the injury.
- Mental anguish and emotional trauma – Covers psychological impacts such as anxiety, depression, fear, or PTSD.
- Loss of enjoyment of life – Reflects diminished ability to engage in daily activities, hobbies, or personal relationships due to the injury.
Punitive Damages
In instances involving egregious misconduct, such as drunk driving, street racing, or a willful disregard for the safety of others, we may seek punitive damages.
These damages are not awarded in every case; the plaintiff must prove by clear and convincing evidence that the defendant acted with gross negligence, malice, or fraud. When warranted, punitive damages serve to punish the wrongdoer and deter similar conduct, extending beyond compensation for the victim’s direct losses.
What to Do After a Houston Car Accident
Texas law mandates that any motor vehicle collision resulting in injury, death, or property damage exceeding $1,000 be reported to law enforcement. However, reporting a crash is not only a legal obligation; it also creates a critical piece of evidence: the CR-3 Crash Report.
This official report provides an impartial account of the incident and often serves as a foundational document for insurers and courts when determining liability and evaluating claims.
Other steps to take:
- Seek Immediate Medical Attention. Even if symptoms appear minor, internal injuries, concussions, or soft-tissue damage may have delayed onset symptoms. Medical records are also key to proving causation and damages.
- Preserve Evidence. Photograph the accident scene, all vehicles involved, road conditions, and injuries. Collect contact information for witnesses and note any nearby surveillance cameras.
- Avoid Admitting Fault or Making Statements to Insurers. Insurance adjusters are trained to minimize payouts. Any statements, even offhand comments, may be used against you during claim evaluation or litigation.
Finally, prompt legal counsel can preserve critical evidence, manage communications, and begin building a strong claim while you focus on healing.
How Much Time Do I Have to File a Lawsuit After a Houston Car Accident?
Like every other state, Texas has a statute of limitations on car accident claims. Generally, victims who suffered injuries in a Houston car accident have up to two years from the date of the collision to file a claim against the liable party.
Similarly, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the death, not the date of the injury or accident. The right to file typically belongs to the deceased’s surviving spouse, children, or parents. If none of these parties file within three months, a personal representative or executor of the estate may do so unless specifically requested not to by the surviving family members.
How Our Houston Car Accident Attorneys Can Help
At D. Miller & Associates, PLLC, we fight to protect the rights of car accident victims and pursue full and fair compensation for their injuries:
- Accurately evaluate your damages – We work to fully document and substantiate your losses, including projected medical expenses, diminished earning capacity, and non-economic damages such as physical pain, emotional distress, and loss of enjoyment of life.
- Defend against contributory fault claims – As noted, under Texas’s modified comparative negligence rule, you may be barred from recovering any compensation if you are found more than 50% at fault for the accident. Insurance carriers frequently attempt to shift blame to reduce their financial exposure, and we are prepared to counter those efforts with evidence and legal arguments.
- Dispute unjust claim denials or undervalued settlement offers – Insurance companies also often make inadequate initial offers or deny valid claims. With legal representation, you gain the leverage needed to pursue the full value of your case.
- Identify all legally responsible parties – Liability may extend beyond the at-fault driver to include employers, vehicle manufacturers, or governmental entities responsible for hazardous road conditions. We thoroughly investigate each case to ensure all potential sources of compensation are pursued.
- Preserve critical evidence – Time-sensitive evidence such as vehicle data, surveillance footage, medical documentation, and expert testimony must be secured early. We take prompt action to protect this evidence before it becomes unavailable or inadmissible.
- Litigate when necessary – We are fully prepared to present your case in court if a fair settlement cannot be reached. Demonstrating readiness to go to trial often strengthens your position in negotiations and signals to insurers that you are serious about obtaining just compensation.
Important Local Resources
To obtain a copy of a crash report, you can contact the Houston Police Department – Records Division, located at 1200 Travis St, Houston, TX 77002; details are available at houstontx.gov/police/divisions/records.
Alternatively, certified copies of crash reports filed by law enforcement agencies can be purchased online through the TxDOT Crash Report Online Purchase System at cris.dot.state.tx.us.
Call D. Miller & Associates, PLLC Today
If you’ve been seriously injured in a motor vehicle collision in Houston or the greater Harris County area, it’s crucial to act promptly. Delaying can jeopardize critical evidence and impact your ability to file within legal deadlines. Trust a Houston personal injury lawyer to guide you through this challenging time.
Contact us today for a free, no-obligation consultation so you can make informed decisions about your next steps.