Car accident claims involving serious injuries are rarely cut-and-dry. You might be entitled to a settlement check, but you must be able to prove both fault and the extent of your injuries to collect due compensation. Also, when the injuries are severe and the stakes are high, the other party/insurer may challenge your claim or dispute the amount of damages you request.
A car accident lawyer in Houston can help with your claim and advocate for your best interests throughout the process. And rest assured we will be with you from start to finish. To ensure proper handling of your claim and the compensation you deserve, contact D. Miller & Associates, PLLC at 713-850-8600 and request a free consultation today.
Who Is Responsible for Paying for My Car Accident Injuries?
Texas is a fault car accident state, which means that the insurance companies will determine fault before they provide coverage. Whoever is at fault will be responsible for an injured party’s damages. To determine the liable party(s), both insurers will launch investigations into the accident and its cause.
NOTE: If either insurer asks you to provide a recorded statement, politely decline until you have spoken with our team. You may unwittingly say something that could devalue your claim or invalidate it altogether. Let us review the facts of your accident and explain the best way to proceed. We can even speak to the insurance adjusters for you to take some of the burden off your shoulders.
If the other party caused your car accident, we can file a claim with the at-fault party’s insurance company and collect under his/her liability coverage, up to the policy’s limits. In most cases, the at-fault party is another driver, but it can also be other third parties, such a pedestrian, motorcyclist, car manufacturer, semi-truck carrier, or even a city or municipality.
What Are Some Examples of Fault in Car Accident Cases?
Fault — or negligence, in personal injury legalese — comes in many forms. It includes anything another party did that was unsafe, careless, or illegal and that caused your accident. Below are a few common examples:
- Driving while intoxicated
- Driving while distracted (e.g., texting, reaching for something in the car, daydreaming, etc.)
- Failing to look carefully before entering a roadway
- Speeding or traveling too fast for conditions
- Not yielding right of way
- Passing in a no passing zone
- A manufacturer that distributed faulty airbags
- A motorcycle that was lane-splitting
Can I Still Collect Compensation If I Am Partly At-Fault?
If you were partly at fault for the accident, you may still be entitled to recover damages. Texas follows the modified comparative negligence, or proportionate responsibility, rule. Texas Civ. Prac. & Rem. § 33.001 provides: “A claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”
In other words, as long as the insurer or courts assign you with 50 percent or less fault, you can still recoup damages. The caveat is that your degree of fault will reduce your damage award. So, for instance, if the insurer deems you to be 25 percent at fault and your damages total $100,000, your negligence will reduce your award by 25 percent, i.e., you will only receive $75,000.
Fault plays a huge role in the outcome of your claim. The higher your assigned fault, the lower your settlement. This is why it is so important to have an attorney accurately and objectively assess the cause of your crash. Our team of car accident lawyers can help with the investigation, gather evidence, and identify liability. If the other party attempts to pin undue blame to you, we can work with accident experts to correctly assess causation, so that you receive a fair award.
How Can D. Miller & Associates Help with My Car Accident Claim?
Most car accident victims do not fully understand the claims process or what steps to take to protect their rights to compensation. And when it comes to car accident claims, what you do not know can hurt you.
Our team of knowledgeable accident lawyers have helped thousands of victims in Houston recover the compensation they deserve after suffering injuries caused by another party’s negligence. We have the skills and resources to facilitate even the toughest car accident cases including catastrophic injuries, multi-car crashes, defect-related collisions, contested fault cases, and wrongful death.
After a serious wreck, your focus should be on getting well, not on insurance and legal matters. We can take care of the stressful and confusing matters on your behalf, including:
- Talking to the insurance companies
- Communicating with witnesses and experts
- Gathering evidence to demonstrate liability
- Helping you gather financial and medical records
- Coordinating with your medical providers to obtain sufficient evidence to prove your injuries
- Working with financial advisors to calculate the total value of your claim
- Negotiating with the insurers for a fair settlement
- Representing you during mediation
- Preparing your case for court, if need be
Can I Afford to Hire a Car Accident Lawyer in Houston?
Yes. At D. Miller & Associates, we do not charge upfront legal fees. Rather, we have a “You don’t pay unless we win your case” policy. With this contingency fee structure, we simply recover our fees from your settlement. In other words, you can retain our services without having to worry about paying legal fees out-of-pocket.
Get the legal help you need. Contact us today for a free consultation with a car accident lawyer in Houston: 713-850-8600.