In case of a car accident in Houston

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Houston is the most populated city in the state. That may be why there are so many car accidents here. According to the Texas Department of Transportation (DOT), there were 107,215 accidents in Harris County in 2018. In the City of Houston, the number of reported accidents was 67,241. There were more fatalities (245) and more incapacitating injury collisions (1,304) in Houston than in any other city in Texas.

Accidents can mean serious injuries, and here are answers to some frequently asked questions about automobile accidents in Houston.

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How Will My Houston Car Accident Attorney Negotiate a Settlement?

Every auto accident case has different facts, and there are a host of factors that are looked at in a possible settlement.

Your Houston car accident lawyer Mario Davila says that how motivated a party is to settle and the amount of the offer after a car crash will depend upon many factors in the case. These include the severity of your injuries; the cost of your medical expenses; your loss of past income and of future wages; the limits of insurance coverage of the parties; and the type and availability of documentation and evidence.

Your Houston auto accident attorney will assist in the negotiations with the insurance company. Remember, do not sign anything until your attorney has reviewed your case and has determined that the total settlement amount will cover all of your damages, including future medical treatment. 

Another key element in a settlement is determining if the victim was in any way at fault in causing the accident.

What will the Attorney Charge Me?

The Mario Davila Law Firm in Houston works under a contingency fee arrangement. With this set-up, our law firm won’t charge any fees upfront, but rather will be paid on a percentage of the trial recovery or settlement. If a car crash victim isn’t awarded any money, our firm won’t collect a fee. However, a client may be responsible for expenses like court filing and expert witness fees.

Where Do Most Auto Accidents Occur in Houston?

Greater Houston is comprised of Harris County and the seven adjacent counties.

Many auto accidents in the metro area occur on the Interstates that run through and around the city (I-45, I-10, I-69, and I-610); U.S. Routes 290 and 59 (US 290 and US 59); Texas State Highways 288, 249, and 6 (SH 288, SH 249, SH 6), and Beltway 8 (BW8); Farm to Market 1960 and 1093 (FM 1960 and FM 1093); and Veterans Memorial Drive.

Research of Houston accident statistics from 2011 to 2018 showed that Interstate 45 (I-45) is the second-most dangerous highway in the entire country. I-45 averaged about 56.5 fatal accidents every 100 miles. Houston’s dangerous stretch of I-45 was the scene 51 fatal accidents in 2018.

Also, drunk driving fatalities happen at one of the highest rates in the country on I-45 in Houston. The research showed that there were roughly 17.5 drunk driving deaths per 100 miles. Houston’s part of I-10 ranked fourth in the U.S. with 12.6 fatalities per 100 miles on that list.

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What Types of Car Accidents are Most Frequent in Houston?

The auto accident lawyers at the Mario Davila Law Firm in Houston can explain that there are several types of car accidents. These include:

Rear-End Accidents When two cars following too closely have an impact.
Head-On Collisions When two cars traveling in opposite directions crash into each other.
Side-Impact Crashes Also called “T-Bone Crashes” or “Broadside Crashes” which happen when the side of the vehicle is impacted, usually the collision involves one vehicle hitting the side of another vehicle at or near a 90-degree angle.
Sideswipe Crashes When both vehicles are parallel with one another, but one hits or scrapes the side of the other as it passes.
Rollover Crashes Which occur when a driver looses control of his or her vehicle and travels off the roadway or when a motorist engages in high-speed, risky driving.
Single-Car Accidents which can be caused by bad weather conditions or maybe when taking evasive action to avoid an animal or debris in the roadway.
Multi-Car Accidents Which occur when at least three vehicles hit one another, such as in a series of rear-end accidents that are often initiated by the force of the original collision, like a “chain reaction” at a red light.

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What Usually Causes Car Crashes in Houston?

There are several reasons or factors that can contribute to an automobile accident in Houston. Here are some of the most frequent causes:

Driving under the Influence In Texas, there were more than 1,800 auto accidents in which one of the drivers was under the influence of drugs, causing more than 200 deaths. There were nearly 10,000 automobile accidents in Texas where a driver was under the influence of alcohol. Of these, more than 200 involved a death.
Distracted Driving Distracted drivers caused 22 deaths in 2018. There were more than 8,500 accidents reported where some kind of distraction was the reason for the crash, such as talking and texting on phones, using GPS, adjusting music or controls, applying makeup, conversing with passengers or controlling children, handling pets, or simply being in a daze and not devoting full attention to operating the vehicle.
Speed and Speeding Speeding and an inability to control speed is the cause of numerous deaths in Texas every year. In 2018, there were over 105,000 automobile crashes that were the result of drivers failing to control their speed. Of these, 284 were fatal. Speeding caused 10,408 crashes in 32,048, and 146 of these car accidents involved a death.
Unsafe Lane Change An unsafe lane change happens when a motorist moves from their existing lane into another lane without signaling. This can endanger other motorists, and in 2018, there were 31,225 auto accidents and 42 deaths across the state.
Following Too Closely There were more than 21,100 car wrecks attributed to drivers following to closely to the vehicle in front of them, of which 10 deaths occurred.

How is Fault Decided in a Houston Car Crash?

An injured driver or passenger in Texas will file an insurance claim or lawsuit against the at-fault driver for the injuries and damages sustained in the crash. If a driver is found to be at fault, he or she will be held liable for the victim’s damages.

Note that Texas accident law adheres to the “modified comparative negligence” doctrine which says that a car accident victim’s damages are barred or reduced according to his or her degree of fault.

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What Can a Victim Recover in a Houston Car Accident?

There are a three types of damages that you may recover in a car wreck injury case. One is economic damages. These are the victim’s “out-of-pocket expenses” that are incurred because of a car accident. Economic damages include the cost of repairs to your vehicle, any lost wages suffered from the accident, the loss of earning capacity, and your future medical expenses. 

In addition, a car crash victim in Houston may also be able to recover non-economic damages to compensate you for your injuries. These include things such as permanent disability and disfigurement, the loss of consortium and the enjoyment of life, the loss of society and companionship, mental anguish, and pain and suffering.

Finally, while it’s fairly unusual, your Houston car accident attorney Mario Davila may be able to help you recover exemplary (also called “punitive”) damages if the injuries were caused by the willful act or omission or gross negligence of the other driver.

How Much Time Do I Have to File a Negligence Lawsuit?

In Texas, an injured party in a car crash has just two years to file a personal injury action from the date of the crash.

What Should I Do Immediately After A Car Accident?

No matter if it looks like a minor issue, document the accident with the police. Know that the damage to today’s vehicles isn’t always easy to see without a mechanic’s investigation. Even if you aren’t injured, you’ll be shaken and upset, so have a police officer fill out a detailed accident, which will serve as evidence in an insurance settlement and/or lawsuit to recover damages.

Use your cellphone to take pictures of the accident and of any visible injuries suffered by you or your passengers. Exchange driver’s license data, insurance information, and contact info with the other parties, but do not talk about who may be at fault.

You may think you’re uninjured from the car crash, but see a doctor and get a full medical evaluation as soon as possible. Explain to your doctor that you were in a car accident so that he or she can properly document the case. Remember that serious injuries may not be immediately apparent, and symptoms may not develop for days or weeks. Monitor how you feel in the ensuing days and see the doctor if your condition gets worse.

Get in touch with your insurance company to tell them that you’ve been in an auto accident. Keep a record of your discussions with the insurance company, and if the other driver’s insurance company asks to take your statement or accept a settlement offer, decline and refer him or her to your Dallas car accident lawyer.

Speak with an Experienced Dallas Car Accident Attorney If you’re been seriously injured in an auto accident, speak with the knowledgeable and experienced car accident attorney Mario Davila, to help you with all of the issues and to protect your rights.

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Practice Areas

Austin
McAllen
Dallas
Houston

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Summary

If you or a family member has been seriously injured in a motor vehicle accident, talk to the experienced auto accident attorneys Mario Davila in Houston. 

Speak with our Houston car crash attorney as soon as possible to evaluate your case. For a free assessment, contact our car accident lawyer in Houston today.