Houston Car Accident Lawyers

How Car Accident Claims Work in Texas 

Texas is what is known as a “tort” state when it comes to auto accidents and insurance claims. This simply means that insurance claims must be brought based on fault. In other words, you must prove that someone else—whether it’s another driver, an auto manufacturer, or some other party—was at fault for the accident that led to your injuries or the death of your loved one to have a case. 

All motorists are automatically assumed to owe others on the road a reasonable duty of care. This means that they have a legal responsibility to follow the law, drive carefully, and take all reasonable measures to prevent causing an accident. When they fail to uphold this duty of care, and you are injured as a result, you have the right to take legal action.

To have a car accident claim in Texas, you will typically need to prove the following:

• You were injured due to an accident and suffered measurable losses, known as “damages”
• The defendant was at least partly responsible for the accident
• If you were partly at fault, your degree of fault was not more than the defendant’s
• The accident was the cause of your injuries and resulting damages

Note that, in some cases, you may still file a personal injury claim in Texas if you were partly at fault for the auto accident that led to your injuries. Under the state’s modified comparative negligence rule, you can seek compensation for damages as long as you were no more than 50% at fault for the accident. If you are found to be 51% or more at fault, you may not file a claim or receive compensation for your accident-related injuries and damages.

Additionally, if you are found to be partly at fault, even if you are less than 51% at fault, you cannot recover the full amount of damages you are seeking. Instead, your recovery will be reduced by your percentage of fault. For example, if the insurance adjuster and/or court find you 25% at fault for the accident, and you are seeking $10,000 in damages, you may only recover up to 75% of that amount, or $7,500. 

Insurance companies may utilize the rule of modified comparative negligence to devalue your claim, or they may argue that you were more than 50% at fault for the crash and, therefore, not entitled to any compensation. At The Law Offices of Omar Khawaja, PLLC, we know how to fight back against these and other insurance company tactics used to dispute rightful car accident claims. We encourage you to get in touch with our team today to learn how we can stand up for you and your rights. 

You don’t owe any legal fees unless we recover compensation for you! Call (713) 561-5454 or contact us online to request a free consultation today.

Common Causes of Car Accidents 

As previously mentioned, negligence is the most common cause of car accidents. This negligence can—and does—take many forms, from human error to traffic law violations and more.

Specifically, some of the most common causes of motor vehicle accidents include:

• Speeding, including driving too fast for current conditions
• Distracted driving, including cellphone use/texting while driving 
• Driving under the influence of alcohol and/or drugs 
• Fatigued or drowsy driving, as well as falling asleep at the wheel
• Failing to yield the right of way to other drivers, pedestrians, and bicyclists
• Disobeying traffic control devices, such as traffic signals and stop signs
• Unsafe or unlawful turns, passing, merging, or lane changes 
• Aggressive or reckless driving, including road rage 
• Dangerous or defective road construction or design 
• Improper or missing roadway maintenance 
• Auto defects, including defective tires, brakes, seatbelts, or airbags

At The Law Offices of Omar Khawaja, PLLC, our Houston car accident lawyers work with accident reconstruction experts, as well as a team of other specialists, to identify the exact cause of your accident and the myriad effects it has had on your life. Once we have put together powerful evidence on your behalf, we develop innovative legal strategies aimed at maximizing your recovery. While most car accident cases settle outside of court, we are fully prepared to represent you at trial if necessary.

Common Car Accident Injuries 

One of the main elements of a car accident case is proving that the crash caused you actual bodily harm. Without physical injuries or monetary damages resulting from those injuries, you do not have a personal injury case. 

Motor vehicle accidents often lead to devastating, life-changing injuries, such as: 

• Head and brain injuries
• Neck, spine, and back injuries
• Whiplash
• Burns and road rash
• Broken bones
• Paralysis
• Disfigurement
• Dismemberment
• Soft tissue and organ damage 

At The Law Offices of Omar Khawaja, PLLC, we not only understand how serious your injuries are but also how important it is that you receive fair compensation for your resulting medical bills, lost wages, and other expenses. In addition to fighting for fair compensation for your economic losses, our attorneys are ready to advocate for maximum recovery for non-economic damages on your behalf, such as pain and suffering, emotional distress, and lost enjoyment of life. 

What Is the Statute of Limitations on Car Accident Lawsuits in Texas? 

In nearly all cases, you have only two years from the date of the accident to file a car accident lawsuit in Texas. While this may seem like a long time, the truth is that it takes a long time to gather evidence and prepare your case. The sooner you reach out to an experienced attorney, the better. 

If you fail to bring your claim to court before the two-year statute of limitations expires, you will almost certainly lose your right to sue the liable party for damages. This means that you won’t be able to recover any compensation for your medical bills, lost wages, pain, suffering, or related losses. Don’t wait until it’s too late! Reach out toThe Law Offices of Omar Khawaja, PLLC right away to learn how we can help you with your car accident claim.

Schedule a complimentary consultation today; call (713) 561-5454 or contact us online.