Houston Automobile Accident Attorney: Protecting Your Legal Rights and Advocating for Justice

When catastrophic collisions occur on the bustling highways of Houston, navigating the aftermath can be overwhelming. If you or a loved one has suffered injuries or loss due to an automobile accident, seeking legal representation is crucial. With decades of combined experience, our team of highly skilled Houston automobile accident attorneys stands ready to fight for your rights and maximize your compensation.

Our unwavering commitment to our clients is evident in our relentless pursuit of justice. We meticulously investigate accidents, gathering evidence, interviewing witnesses, and consulting with experts to build a compelling case. We are adept at negotiating with insurance companies and will not hesitate to take your case to trial if necessary. Our goal is to hold negligent parties accountable and ensure that you receive the financial recovery you deserve for your pain, suffering, and lost wages.

Moreover, we understand the emotional and financial burdens that come with an automobile accident. Our compassionate attorneys provide personalized attention and support throughout the legal process, keeping you informed every step of the way. We believe that our clients should not have to bear the costs of someone else’s negligence, and we strive to minimize the financial impact by working on a contingency fee basis. This means you will not owe us any legal fees unless we recover compensation on your behalf.

The Role of Insurance in Houston Car Accidents

Houston is a major metropolitan area with a high volume of traffic and, unfortunately, a significant number of car accidents. In the event of a car accident, it is crucial to understand the role of insurance in protecting yourself and your interests.

1. Legal Requirements for Car Insurance in Texas

Texas law requires all drivers to carry liability insurance. This insurance provides coverage for bodily injury and property damage that you may cause to others in an accident. The minimum required coverage is:

$30,000 per person for bodily injury
$60,000 per accident for bodily injury
$25,000 per accident for property damage

2. Types of Car Insurance Coverage

In addition to liability insurance, there are several other types of car insurance coverage available, including:

Collision coverage: Covers damage to your own vehicle in a collision with another vehicle or object.
Comprehensive coverage: Covers damage to your vehicle from non-collision related events, such as theft, vandalism, and weather damage.
Uninsured/Underinsured motorist coverage: Provides coverage for bodily injury or property damage if you are hit by a driver who is uninsured or underinsured.
Medical payments coverage: Covers medical expenses for you and your passengers, regardless of who is at fault for the accident.
Personal injury protection (PIP) coverage: Provides coverage for medical expenses, lost wages, and other expenses related to a car accident injury.

3. How to File an Insurance Claim

After a car accident, it is important to contact your insurance company as soon as possible to report the accident and file a claim. You will need to provide information about the accident, including the date, time, location, and other details. Your insurance company will investigate the claim and determine how much coverage you are entitled to.

4. Dealing with the Other Driver’s Insurance Company

If you are not at fault for the accident, you will need to deal with the other driver’s insurance company. It is important to be prepared for them to deny your claim or offer a settlement that is less than what you deserve. You should consult with an attorney if you are having difficulty dealing with the other driver’s insurance company.

5. Negotiating a Settlement

If you are able to negotiate a settlement with the insurance company, it is important to carefully review the terms before signing. Make sure that the settlement covers all of your expenses, including medical bills, lost wages, and pain and suffering.

6. Taking Legal Action

If you are unable to reach a settlement with the insurance company or if you believe that your injuries are significant, you may need to file a lawsuit. A personal injury attorney can help you navigate the legal process and protect your rights.

Steps to Take After a Houston Car Accident:

Step 1	Contact the police and report the accident.
Step 2	Exchange insurance information with the other driver(s).
Step 3	Take photos of the accident scene and your injuries.
Step 4	Contact your insurance company to file a claim.
Step 5	Obtain medical attention for your injuries.
Step 6	Consult with a personal injury attorney if necessary.

7. Statutes of Limitations

There is a time limit, known as the statute of limitations, within which you must file a car accident lawsuit. In Texas, the statute of limitations for personal injury claims is two years from the date of the accident.

8. How an Attorney Can Help

An experienced auto accident attorney can help you with all aspects of your case, including:

Investigating the accident and gathering evidence
Negotiating with insurance companies
Filing a lawsuit if necessary
Representing you in court

9. Choosing the Right Attorney

When choosing an auto accident attorney, it is important to consider their experience, track record, and reputation. You should also make sure that the attorney is someone you feel comfortable working with.

10. Getting a Free Consultation

Most auto accident attorneys offer free consultations to potential clients. This is a great opportunity to learn more about your case and the attorney before you make a decision.

Attorney Fees and Contingency Fees in Houston Auto Accident Cases

Attorney Fees

In Houston, attorney fees for auto accident cases typically range from 33.3% to 40% of the settlement or judgment amount, excluding costs. This percentage covers the attorney’s time and expenses, including:

Investigating the accident
Gathering evidence
Negotiating with insurance companies
Preparing and filing legal documents
Attending court hearings and trials

Contingency Fees

Contingency fees are a common payment structure in Houston auto accident cases. Under this arrangement, you do not pay your attorney any fees unless they win or settle your case. The attorney’s percentage fee is deducted from the settlement or judgment amount.

Advantages of Contingency Fees:

You don’t have to pay upfront fees.
You only pay if your case is successful.
The attorney has an incentive to maximize your settlement or verdict.

Disadvantages of Contingency Fees:

You may pay a higher percentage of your settlement or judgment.
The attorney may not be as selective about the cases they take.

Calculating Attorney Fees

To estimate the attorney fees you will pay, multiply the expected settlement or judgment amount by the attorney’s percentage fee. For example, if your case settles for $100,000 and your attorney’s fee is 33.3%, you would pay $33,300 in fees.

Costs

In addition to attorney fees, you may also be responsible for certain costs incurred during your case, such as:

Court filing fees
Deposition costs
Expert witness fees
Medical record retrieval fees

Reimbursement of Costs

If you win your case, the defendant may be required to reimburse you for reasonable costs. However, if you lose your case, you may be responsible for paying the defendant’s costs.

When to Hire an Attorney

You should consider hiring an attorney if:

You have suffered serious injuries.
The insurance company is denying or disputing your claim.
You are facing a lawsuit from the other driver.
You need help negotiating a fair settlement.

How to Choose an Attorney

When choosing an attorney, consider the following factors:

Experience in handling auto accident cases
Success rate in settlements and trials
Reputation for integrity and ethical behavior
Fees and payment structure
Communication skills and responsiveness

Negotiating Attorney Fees

You can negotiate your attorney’s fees before signing a retainer agreement. Discuss the following points:

The percentage fee
Exclusions from the fee (e.g., costs)
Payment arrangements (e.g., monthly installments)
Refund policy if the case is unsuccessful

Sample Attorney Fee Agreement

Table 1: Sample Attorney Fee Agreement

Description Amount Attorney’s percentage fee 33.3% Costs included in fee Court filing fees, deposition costs Costs excluded from fee Expert witness fees, medical record retrieval fees Payment arrangements Monthly installments of $500 Refund policy Full refund if case is dismissed within 30 days

How to Maximize Compensation in a Houston Auto Accident Case

1. Seek Medical Attention Promptly

Getting immediate medical attention is crucial for your health and the documentation of your injuries.

2. Document the Accident Scene

Take photos of the damage, injuries, and the surrounding area. Note the date, time, and weather conditions.

3. Collect Witness Information

If possible, obtain contact information and statements from any eyewitnesses.

4. File a Police Report

A police report provides an official record of the accident and can help support your claim.

5. Contact an Attorney

An experienced auto accident attorney can guide you through the legal process and advocate for your interests.

6. Gather Medical Records

Request copies of all medical records related to your injuries, including hospital bills, doctor’s notes, and treatment plans.

7. Calculate Your Damages

Document your medical expenses, lost wages, property damage, and other out-of-pocket costs.

8. Determine Liability

Identify the at-fault party and gather evidence to support your claim of negligence.

9. Negotiate with Insurance Companies

Insurance companies may offer settlements, but it’s important to negotiate for a fair and just amount that covers all your damages.

10. File a Lawsuit (If Necessary)

If negotiations fail, you may need to file a lawsuit to pursue your claim in court.

11. Punitive Damages

In cases of gross negligence or intentional harm, you may be entitled to punitive damages to punish the at-fault party.

12. Loss of Consortium

If your injuries significantly impact your spouse or family’s well-being, they may file a claim for loss of consortium.

13. Future Expenses

Consider potential future expenses related to your injuries, such as ongoing medical care, rehabilitation, or lost earning capacity.

14. Pain and Suffering

Document the physical and emotional pain and suffering you have endured as a result of the accident.

15. Loss of Enjoyment of Life

If your injuries have diminished your ability to engage in activities you previously enjoyed, you may be entitled to compensation for loss of enjoyment of life.

16. Wrongful Death

If a loved one was killed in a car accident caused by someone else’s negligence, you may file a wrongful death lawsuit to recover damages.

17. Statute of Limitations

In Texas, the statute of limitations for filing an auto accident lawsuit is **two years** from the date of the accident. It’s crucial to act promptly to preserve your rights.

Item	Tips for Maximizing Compensation
Medical Expenses	– Obtain detailed medical records and bills. – Document all treatment costs, including ambulance, hospital, and medical equipment.
Lost Wages	– Provide proof of your income and document time missed from work. – Include overtime, bonuses, and benefits.
Property Damage	– Get estimates for repairs or replacement of damaged vehicles and other property. – Take photographs of the damage.
Pain and Suffering	– Keep a journal detailing your pain and suffering, including physical and emotional symptoms. – Seek professional counseling or therapy if needed.

Proving Pain and Suffering in Houston Auto Accident Cases

After a car accident, victims often suffer from physical and emotional injuries that can have a profound impact on their lives. In addition to medical expenses and lost wages, accident victims may also be entitled to compensation for their pain and suffering.

Medical Records

One of the most important pieces of evidence in a pain and suffering claim is medical records. These records document the victim’s injuries, treatment, and prognosis. Medical records can show the severity of the victim’s injuries, the extent of their pain, and the impact of their injuries on their daily life.

Expert Testimony

In some cases, an expert witness may be necessary to help the jury understand the nature and extent of the victim’s pain and suffering. Experts can testify about the victim’s injuries, the likely course of their recovery, and the impact of their injuries on their quality of life.

Types of Experts

The type of expert witness needed will depend on the nature of the victim’s injuries. Some common types of experts include:

Medical doctors
Psychologists
Vocational rehabilitation specialists

Witnesses

Witnesses can also provide valuable testimony about the victim’s pain and suffering. Witnesses can testify about the victim’s demeanor, behavior, and activities before and after the accident. This testimony can help the jury understand the impact of the accident on the victim’s life.

Types of Witnesses

The type of witnesses needed will depend on the nature of the victim’s injuries. Some common types of witnesses include:

Family members
Friends
Coworkers
Neighbors

Personal Narrative

The victim’s own personal narrative can also be a powerful piece of evidence in a pain and suffering claim. The victim can testify about their own experiences with pain, suffering, and disability. This testimony can help the jury understand the emotional impact of the accident.

Other Evidence

In addition to the evidence discussed above, there are a number of other pieces of evidence that can be used to prove pain and suffering. These include:

Photographs of the victim’s injuries
Videos of the victim’s daily life
Journals or diaries kept by the victim
Records of the victim’s medical expenses
Records of the victim’s lost wages

Calculating Pain and Suffering Damages

There is no set formula for calculating pain and suffering damages. The amount of damages awarded will vary depending on the severity of the victim’s injuries, the impact of the injuries on the victim’s life, and the specific facts of the case.

In general, pain and suffering damages are based on the following factors:

The severity of the victim’s injuries
The duration of the victim’s pain and suffering
The impact of the victim’s injuries on their daily life
The victim’s age, health, and lifestyle
The defendant’s fault

Settlement Negotiations

Most pain and suffering claims are resolved through settlement negotiations. In settlement negotiations, the victim and the defendant’s insurance company agree on a fair amount of compensation for the victim’s pain and suffering. If the parties cannot reach a settlement, the case may go to trial.

Trial

At trial, the victim will present evidence to support their claim for pain and suffering damages. The defendant will present evidence to defend against the claim. The jury will then decide how much compensation the victim is entitled to.

Factors Considered by the Jury

When deciding how much compensation to award for pain and suffering, the jury will consider the following factors:

The evidence presented at trial
The instructions given by the judge
Their own experience and common sense

Compensation for Pain and Suffering in Houston Auto Accident Cases

If you have been injured in a car accident in Houston, you may be entitled to compensation for your pain and suffering. An experienced Houston auto accident attorney can help you prove your claim and get you the compensation you deserve.

Type of Damages	Description
Medical expenses	Costs of medical treatment, including doctor’s visits, hospital stays, and surgery
Lost wages	Income lost due to the accident
Pain and suffering	Compensation for physical and emotional pain and suffering
Property damage	Costs of repairing or replacing damaged property
Wrongful death	Compensation for the wrongful death of a loved one

Medical Expenses

Recoverable medical expenses include:

Hospital bills
Doctor’s fees
Therapy costs
Medication expenses
Medical equipment costs

Lost Wages

Lost wages cover income that you lost due to your injuries, including:

Salary
Bonuses
Commissions
Self-employment income

Property Damage

Compensation for property damage includes repairs or replacement costs for:

Your vehicle
Other personal property damaged in the accident

Pain and Suffering

Compensation for physical and emotional pain and suffering caused by the accident, including:

Physical pain
Emotional distress
Loss of enjoyment of life

Mental Anguish

Compensation for mental anguish, such as anxiety, depression, and post-traumatic stress disorder caused by the accident.

Loss of Consortium

Compensation for the loss of companionship, intimacy, and support from your spouse or partner due to the accident.

Loss of Earning Capacity

Compensation for the reduced earning capacity you experience due to your injuries, even if you are still able to work.

Disfigurement

Compensation for any scarring or other physical disfigurement caused by the accident.

Disability

Compensation for any permanent or long-term disability caused by the accident, such as impaired mobility or cognitive function.

Wrongful Death

Compensation for the wrongful death of a loved one in an automobile accident, including:

Loss of income
Medical expenses
Pain and suffering
Loss of companionship

Punitive Damages

Punitive damages are awarded in cases where the defendant’s conduct was particularly reckless or malicious, to deter future similar behavior.

Presenting Evidence in Houston Automobile Accident Lawsuits

Introduction

In Houston automobile accident lawsuits, presenting evidence is crucial for establishing liability and damages. Here’s a comprehensive overview of the types of evidence used in these cases:

1. Police Reports and Photographs

Police reports document the accident’s details, including the parties involved, witness accounts, and the officer’s observations. Photographs provide visual evidence of the accident scene and damage to vehicles.

2. Witness Statements

Eyewitness accounts can corroborate or contradict other evidence, such as police reports or driver statements. Attorneys interview witnesses to obtain their perspectives on the accident.

3. Medical Records and Expert Testimony

Medical records document the injuries sustained in the accident, while expert testimony from doctors or other medical professionals can help explain the severity of the injuries and their impact on the victim’s life.

4. Vehicle Damage Estimates

Repair estimates or appraisals provide evidence of the damages sustained by the vehicles involved in the accident.

5. Traffic Camera Footage

If available, traffic camera footage can offer valuable visual evidence of the accident, showing the events leading up to and including the impact.

6. Cell Phone Records

Cell phone records can establish whether drivers were distracted at the time of the accident, as they may show phone calls, texts, or data usage.

7. Social Media Posts

Social media posts can be used to show injuries or damage, as well as to demonstrate the impact of the accident on the victim’s life.

8. Insurance Policies

Insurance policies provide information about coverage limits and the parties involved in the accident.

9. Accident Reconstruction Reports

Accident reconstructionists use scientific principles and data from the accident scene to recreate the events leading up to the collision and determine liability.

10. Expert Testimony

Expert testimony from engineers, accident reconstructionists, or other qualified professionals can provide valuable insights and opinions on the cause and liability of the accident.

11. Driver Histories

Driving records can show a history of traffic violations or convictions, which may be relevant to liability.

12. Employment Records

Employment records can establish lost wages and benefits due to the accident and its impact on the victim’s career.

13. Damages Calculations

Economic damages, such as medical expenses, lost wages, and property damage, are calculated using invoices, pay stubs, and repair estimates.

14. Pain and Suffering

Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are more difficult to quantify but can be supported by medical records, therapy notes, and testimony from the victim.

15. Punitive Damages

Punitive damages are awarded in cases where the defendant’s conduct was particularly reckless or malicious, and are intended to punish the defendant and deter similar behavior in the future.

16. Lost Future Earnings

If the victim’s injuries will prevent them from returning to their previous occupation or earning capacity, they may be entitled to damages for lost future earnings.

17. Wrongful Death

In cases involving fatal accidents, family members can seek damages for the loss of their loved one, including lost income, funeral expenses, and emotional distress.

18. Comparative Negligence

In Texas, damages may be reduced if the victim is found to be partially at fault for the accident. Evidence of the victim’s negligence, such as speeding or running a red light, can be presented.

19. Statute of Limitations

In Texas, the statute of limitations for personal injury claims is two years from the date of the accident.

20. Preserving Evidence

It’s crucial to preserve all relevant evidence immediately following the accident to prevent it from being lost or destroyed. This includes police reports, medical records, witness contact information, and photographs.

21. Gathering Evidence

An experienced Houston automobile accident attorney will conduct a thorough investigation to gather all necessary evidence, including reviewing police reports, interviewing witnesses, obtaining medical records, and analyzing other relevant documents.

22. Organizing Evidence

Evidence should be properly organized and presented in a way that is clear and easy to understand for the court and jury, such as using exhibits and creating a timeline of events.

23. Presenting Evidence

During trial, attorneys present evidence through witness testimony, exhibits, and their closing arguments. The clarity and effectiveness of the evidence presentation can significantly impact the outcome of the case.

24. Evidence Preservation

Once the case is resolved, it’s important to preserve key evidence for future reference or in case of an appeal.

25. Insurance Claims

Evidence is also essential when filing insurance claims. Providing a detailed and well-supported claim with evidence can help ensure a fair settlement.

26. Insurance Disputes

If an insurance company disputes a claim, evidence can be used to support the victim’s case and advocate for a just resolution.

27. Discovery Process

During the discovery process, both parties exchange evidence and information to prepare for trial. This includes exchanging witness statements, medical records, and other relevant documents.

28. Accident Reconstruction

Accident reconstructionists use their expertise to create a detailed analysis of the accident based on evidence from the scene, such as skid marks, damage patterns, and witness statements.

29. Pre-Trial Motions

Attorneys may file pre-trial motions to exclude evidence or limit its use at trial. These motions can be based on objections to the relevance, authenticity, or prejudicial nature of the evidence.

30. Trial Preparation

Prior to trial, attorneys prepare their case by gathering and organizing evidence, practicing with witnesses, and developing their legal strategy.

31. Cross-Examination

During trial, attorneys cross-examine witnesses to test the strength of their testimony and elicit potential inconsistencies or biases.

32. Rebuttal Evidence

After the defendant presents their case, the plaintiff may present rebuttal evidence to refute or contradict the defendant’s claims.

33. Types of Evidence in Houston Automobile Accident Lawsuits

The following table summarizes the different types of evidence commonly used in Houston automobile accident lawsuits:

Post-Trial Proceedings in Houston Auto Accident Cases

1. Motion for New Trial

The losing party can file a motion for a new trial within 30 days of the verdict. The motion must state the grounds for the new trial, such as errors in the proceedings or newly discovered evidence.

2. Appeal

The losing party can also appeal the verdict to a higher court. The appeal must be filed within 90 days of the verdict. The appellate court will review the record of the trial and determine if there were any errors that require a new trial.

3. Post-Judgment Proceedings

Once the trial court enters a judgment, the post-judgment proceedings begin. These proceedings include:

Collecting the Judgment: The prevailing party can collect the judgment by levying on the losing party’s assets or by garnishing their wages.
Setting Aside the Judgment: The losing party can file a motion to set aside the judgment if they can prove that it was based on fraud, mistake, or other due process violation.
Enforcing the Judgment: The prevailing party can enforce the judgment by filing a writ of execution. A writ of execution is a court order that authorizes the sheriff to seize and sell the losing party’s property to satisfy the judgment.

4. Attorney’s Fees

The prevailing party in an auto accident case is typically entitled to recover their reasonable attorney’s fees from the losing party. This is true even if the case settles before trial.

5. Insurance Coverage

Auto insurance policies typically provide coverage for the policyholder’s liability for damages caused by an auto accident. The policy limits will determine the maximum amount of insurance coverage available to the policyholder.

6. Uninsured and Underinsured Motorists Coverage

Uninsured and underinsured motorists coverage (UM/UIM) provides coverage to the policyholder for damages caused by an auto accident with an uninsured or underinsured driver. UM/UIM coverage is optional in Texas, but it is highly recommended.

7. Bodily Injury Claims

Bodily injury claims are the most common type of claim in auto accident cases. These claims cover the costs of medical expenses, lost wages, pain and suffering, and other damages caused by the accident.

8. Property Damage Claims

Property damage claims cover the costs of repairing or replacing damaged property in an auto accident. This includes damage to the vehicles involved in the accident as well as damage to other property, such as buildings or fences.

9. Wrongful Death Claims

Wrongful death claims are filed by the family members of a person who has been killed in an auto accident. These claims cover the costs of funeral expenses, lost income, and other damages caused by the death.

10. Comparative Negligence

Texas follows a modified comparative negligence rule. This means that the plaintiff’s recovery will be reduced by their percentage of fault for the accident.

11. Statute of Limitations

The statute of limitations for auto accident cases in Texas is two years. This means that the plaintiff must file their lawsuit within two years of the date of the accident.

12. Settlement Negotiations

Most auto accident cases settle before trial. Settlement negotiations can be a complex process, and it is important to have an experienced attorney to guide you.

13. Trial

If the case cannot be settled, it will go to trial. A trial is a formal hearing before a judge or jury. The plaintiff and defendant will present their evidence, and the judge or jury will decide who is liable for the accident and what damages the plaintiff is entitled to.

14. Punitive Damages

In some cases, the plaintiff may be awarded punitive damages. Punitive damages are designed to punish the defendant for egregious conduct.

15. Hiring an Attorney

If you have been involved in an auto accident, it is important to hire an experienced attorney to help you protect your rights.

38. Subrogation

Subrogation is a legal concept that allows an insurance company to stand in the shoes of its insured and pursue a claim against the at-fault party. This means that the insurance company can recover the amount it has paid out to its insured from the at-fault party.

For example, if you are injured in an auto accident and your insurance company pays for your medical expenses, the insurance company can pursue a subrogation claim against the at-fault driver. If the insurance company is successful in its subrogation claim, it will recover the amount it paid for your medical expenses from the at-fault driver.

Subrogation can be a complex process, and it is important to have an experienced attorney to help you navigate the process. An attorney can help you determine if you have a subrogation claim, file a subrogation claim, and negotiate with the at-fault party’s insurance company.

16. Bad Faith Claims

Bad faith claims are lawsuits filed against insurance companies that have acted in bad faith. Bad faith can include denying a valid claim, delaying payment of a claim, or failing to investigate a claim properly.

17. Insurance Disputes

Auto accident cases often involve disputes between the plaintiff and the insurance company. These disputes can range from disagreements over the amount of coverage available to disputes over who is liable for the accident.

18. Liability

Liability in an auto accident case refers to who is responsible for the accident. In most cases, liability is based on negligence. Negligence is the failure to exercise reasonable care. In order to prove negligence, the plaintiff must show that the defendant:

Owed the plaintiff a duty of care
Breached the duty of care
Caused the plaintiff’s injuries
The plaintiff suffered damages

19. Damages

Damages in an auto accident case refer to the compensation that the plaintiff is entitled to recover. Damages can be divided into two categories:

Compensatory damages: These damages are designed to compensate the plaintiff for their losses. Compensatory damages can include medical expenses, lost wages, pain and suffering, and other damages.
Punitive damages: These damages are designed to punish the defendant for egregious conduct.

20. Medical Expenses

Medical expenses are one of the most common types of damages in auto accident cases. These expenses can include the cost of hospitalization, surgery, medical appointments, and medication.

21. Lost Wages

Lost wages are another common type of damage in auto accident cases. These damages can include the wages that the plaintiff lost while they were recovering from their injuries, as well as the wages that they will lose in the future due to their injuries.

22. Pain and Suffering

Pain and suffering damages are designed to compensate the plaintiff for the physical and emotional pain and suffering that they have experienced as a result of the accident. These damages can be difficult to quantify, but they can be a significant part of the plaintiff’s recovery.

23. Other Damages

Other damages that can be recovered in an auto accident case include:

Property damage
Funeral expenses
Lost earning capacity
Loss of consortium

24. Types of Auto Accidents

There are many different types of auto accidents, including:

Rear-end collisions
Head-on collisions
Side-impact collisions
Rollover accidents
Pedestrian accidents
Bicycle accidents
Motorcycle accidents

25. Causes of Auto Accidents

Auto accidents can be caused by a variety of factors, including:

Speeding
Drunk driving
Distracted driving
Reckless driving
Poor weather conditions
Defective vehicles
Dangerous road conditions

26. Preventing Auto Accidents

There are a number of things that you can do to help prevent auto accidents, including:

Obey the speed limit
Never drive under the influence of alcohol or drugs
Pay attention to the road and avoid distractions
Drive defensively

Legal Liability of Attorneys in Automobile Accident Cases

When an attorney fails to properly represent a client in an automobile accident case, the client may have a legal malpractice claim. Legal malpractice in an automobile accident case typically involves allegations that the attorney failed to:

Properly investigate the accident.

Interview witnesses.

Hire experts.

Negotiate a fair settlement.

File a timely lawsuit.

If you believe that your attorney has committed legal malpractice in your automobile accident case, you should seek legal advice as soon as possible. You may be entitled to compensation for your losses.

Statute of Limitations for Legal Malpractice Claims

In Texas, the statute of limitations for legal malpractice claims is two years from the date of the alleged negligence. However, in some cases, the statute of limitations may be tolled (paused) for a period of time. For example, the statute of limitations may be tolled if the attorney fraudulently concealed the negligence from the client.

Damages in Legal Malpractice Cases

If you are successful in a legal malpractice claim, you may be entitled to damages for your losses. These damages may include:

Economic damages, such as lost wages, medical expenses, and property damage.

Non-economic damages, such as pain and suffering, mental anguish, and loss of consortium.

In some cases, you may also be entitled to punitive damages. Punitive damages are awarded to punish the attorney for particularly egregious conduct.

Proving Legal Malpractice

In order to prove legal malpractice, you must show that your attorney:

Owed you a duty of care.

Breached that duty of care.

Caused you damages.

You must also prove that your attorney’s negligence was the proximate cause of your damages. This means that you must show that your damages would not have occurred but for your attorney’s negligence.

43. Common Defenses to Legal Malpractice Claims

Attorneys may raise a number of defenses to legal malpractice claims. Some of the most common defenses include:

Type of Evidence	Description
Police Reports	Documenting the accident’s details, parties involved, witness accounts, and officer’s observations.
Photographs	Visual evidence of the accident scene and damage to vehicles.
Witness Statements	Eyewitness accounts corroborating or contradicting other evidence.
Medical Records	Documenting injuries sustained in the accident.
Expert Testimony	From doctors or medical professionals explaining the severity of injuries and their impact.
Vehicle Damage Estimates	Evidence of damages sustained by the vehicles involved.
Traffic Camera Footage	Visual evidence of the accident, showing events leading up to and including the impact.
Cell Phone Records	Establishing whether drivers were distracted at the time of the accident.
Social Media Posts	Demonstrating injuries, damage, or the accident’s impact on the victim’s life.
Insurance Policies	Providing information about coverage limits and the parties involved.
Accident Reconstruction Reports	Scientifically recreating the events leading up to the collision to determine liability.
Expert Testimony	From engineers, accident reconstructionists, or other qualified professionals providing insights and opinions on the accident’s cause and liability.
Driver Histories	Showing a history of traffic violations or convictions relevant to liability.
Employment Records	Establishing lost wages and benefits due to the accident.
Damages Calculations	Calculating economic damages, such as medical expenses, lost wages, and property damage.
Pain and Suffering	Non-economic damages for pain, emotional distress, and loss of enjoyment of life.
Punitive Damages	Awarded in cases of reckless or malicious conduct, intended to punish the defendant and deter similar behavior.
Lost Future Earnings	Damages for the victim’s inability to return to their previous occupation or earning capacity due to injuries.
Wrongful Death	Damages for the loss of a loved one, including lost income, funeral expenses, and emotional distress.
Comparative Negligence	Reducing damages if the victim is found partially at fault for the accident.

Defense	Explanation
Statute of limitations	The claim was not filed within the two-year statute of limitations.
Lack of privity	The plaintiff was not a client of the defendant attorney.
Lack of duty	The defendant attorney did not owe a duty of care to the plaintiff.
Breach of duty	The defendant attorney did not breach their duty of care to the plaintiff.
Causation	The defendant attorney’s negligence did not cause the plaintiff’s damages.
Comparative negligence	The plaintiff’s own negligence contributed to their damages.

Houston Automobile Accident Attorney: Ensuring Your Legal Rights After a Crash

In the aftermath of a car accident, it’s crucial to seek legal representation from an experienced Houston automobile accident attorney. Our team of skilled professionals understands the complexities of these cases and is dedicated to protecting your rights and maximizing your compensation.

We specialize in handling all aspects of automobile accident claims, including:

Determining liability and fault
Gathering evidence and witness statements
Negotiating with insurance companies
Representing you in court, if necessary

Our goal is to ensure that you receive the compensation you deserve for your injuries, property damage, and other losses. We will work tirelessly to build a strong case on your behalf and fight for your rights every step of the way.