Table of Contents
What Happens After a Texas Car Wreck?
It’s essential that you remain at the scene after a car accident in Houston until you can speak with the other party and law enforcement. Collect information such as the name, phone number, license plate number, and insurance details of the other driver. Take note of current road conditions, visible damage, and how many people were in each vehicle. When officers arrive, they’ll compile an accident report that can become a key piece of evidence.
Carefully guard what you say following a collision. Avoid admitting any liability or speculating about what happened. In many cases, it’s best to wait until you’ve contacted a Houston car injury lawyer. An attorney can advise you on what to say, when to file, and what information to use so you can pursue the maximum compensation available under the law.
Accidents can leave victims with medical expenses, rehabilitation costs, and lost wages from time away from work. Victims may also suffer emotional injuries such as post-traumatic stress disorder. You may be asking yourself: How will I pay my bills? Will I be compensated? How do I find an accident attorney Houston residents trust? When you reach out to us, we can evaluate your case, help you file a claim, and work to make sure you aren’t cut short of the compensation the law allows.
Recoverable Damages from Texas Auto Wrecks
With all the damages incurred from a car accident, you may be wondering who will be responsible for covering them. Will you end up paying for your expenses out of your pocket? While every car accident case is unique, certain types of damages are typically covered by the insurance company of the responsible driver.
Damages and expenses related to the following are often covered:
- All types of medical bills, including doctor’s visits, surgical treatment, and so on
- Anticipated or future medical expenses, such as long-term care or future procedures
- General pain and suffering, which can include mental and physical pain
- Mental distress or anguish, such as anxiety, grief, nervousness, and worry
- Lost wages and earning capacity due to the severity of the injury
- Loss of comfort or consortium due to the death of a spouse
- The value of any property damage caused by the accident
What Are the Common Causes of Houston Car Crashes?
In 2023, one person was killed in a car accident every 2 hours in Texas. Death wasn’t the only common occurrence on Texas roads; one person suffered an injury every two minutes in a car accident. With a crash occurring every 56 seconds somewhere in the state, knowing the most common causes of car accidents can help you drive proactively.
The following causes of Texas car accidents are based on 2023 figures. Each event listed below is a contributing factor and could be combined with another event for a complete accident, such as DUI or mechanical failure.
The 5 Most Common Causes of Texas Car Accidents
Speeding
Speeding was a contributing factor more than 160,000 car accidents in Texas, while nearly 1,300 of which were fatal. Speeding is dangerous because it decreases the time a driver has to react to traffic patterns, making a collision more likely. High speeds also increase the force exerted on another car during an accident.
Driver Inattention
Also known as distracted driving, driver inattention played a significant role in accidents, hundreds of which were fatal. Distracted driving happens for numerous reasons. Changing radio stations, texting or emailing, or eating while driving are some of the most common forms of distracted driving. A recent national study estimated that about 69 million drivers use their phones behind the wheel each day.
Failed to Drive in Single Lane
The term “failure to drive in single lane” describes any time a vehicle drifts into another lane or off the road. While this type of accident may involve a car completely leaving the road, it frequently describes accidents caused by a car colliding with a vehicle in a nearby lane. This behavior caused 44,290 accidents, 787 of them fatal.
Failure to Yield Right of Way at Left Turns & Stop Signs
When traffic doesn’t flow as expected, accidents happen. Drivers failing to yield the right of way during left turns caused a total of 36,509 accidents, 152 of which were fatal. Drivers who failed to yield the right of way at stop signs caused 31,327 accidents, with 156 of them fatal. Intersections might be confusing, but it’s every driver’s job to know the order in which traffic is supposed to flow. Following turn signals, traffic signs, and paying attention to the order of cars at the intersection are the best ways to avoid a right-of-way accident.
Drunk Driving
When drivers get behind the wheel impaired, they don’t have the cognitive function to handle the road. Drunk driving can cause them to become drowsy, have slower reaction times, and more. There were 1,127 lives claimed by accidents that drunk drivers killed, accounting for about 26.26% of all Texas traffic fatalities in 2023.
Other Causes of Houston Car Accidents
- Poor Maintenance of the Vehicle: When cars are abused or neglected, it can lead to harrowing accidents. Not monitoring tire pressure, failing to get regular checkups, and the like can all lead to severe accidents.
- Aggressive Driving / Road Rage: Driving isn’t without emotional distress, but that doesn’t excuse drivers who fail to maintain control. Aggressive driving can manifest in unsafe tactics, such as tailgating and speeding.
- Unsafe Roadways: When the state fails to take care of the highways, it can lead to hazardous driving conditions. Things such as ignored potholes and roads with limited visibility can contribute to severe collisions.
- Defective Equipment: Some accidents can be attributed to the vehicle’s equipment, even if the driver did everything correctly, such as when tires aren’t appropriately aired, brakes give out, or steering locks up.
- Tired Drivers: On long stretches of road, it’s no surprise that some drivers are fatigued. Tired drivers can nod off and become serious hazards to the people around them.
- Following Too Closely: Tailgaters are more than a nuisance on Houston roads. Following too closely reduces stopping distance and reaction time, turning minor traffic slowdowns into serious rear-end collisions.
Fatal Car Accident Attorneys for Houston Wrongful Death Claims
TxDOT recorded 275 fatal crashes in Houston in 2023, resulting in nearly 300 deaths. Each of those losses represents a family suddenly forced to navigate grief and financial uncertainty at the same time. When a death results from another driver’s negligence, Texas law gives surviving family members a path to accountability through a wrongful death claim.
Under Texas law, surviving spouses, children, and parents of a decedent may bring a wrongful death claim against the at-fault party. Recoverable damages can include loss of financial support, loss of companionship and consortium, mental anguish, and funeral and burial expenses. Texas imposes a two-year statute of limitations for wrongful death claims, running from the date of death, which makes early action essential.
Why Early Involvement Matters in Fatal Car Accident Cases
Fatal accident investigations are time-sensitive in ways that standard injury cases aren’t. Evidence deteriorates quickly. Vehicles get repaired or scrapped. Witness memories fade within days of a crash. Calling a fatal accident attorney Houston immediately means there’s someone who can start to preserve physical evidence, retain accident reconstruction professionals, and secure the documentation needed to build a complete case before it disappears.
Houston Uber & Lyft Accident Attorneys for Catastrophic Rideshare Accidents
The trend of ridesharing has become more and more popular; however, it brings many new legal complications and questions with it. Who is responsible if a rideshare driver is involved in an accident? Will they or their company pay for damages and injuries? While this is still new terrain to navigate, Arnold & Itkin provides comprehensive representation for those involved in Uber and Lyft accidents. Our car accident lawyers have represented countless people and can utilize the insight and skill gained to benefit yours.
Do Ridesharing Services Have Insurance Coverage?
Both Uber and Lyft insure drivers under certain conditions. Whether Uber or Lyft insures the driver depends on whether there was a passenger in the vehicle or if the driver was on the way to pick up a passenger. For both companies, the coverage for their drivers is much lower when they aren’t matched with a passenger. Even then, Uber or Lyft will only cover their drivers if their private insurance is lower than the company’s policy.
Uber provides the following breakdown of their insurance policy:
- The Uber app is off: Only the driver’s private insurance will apply to the accident.
- The app is on, and the driver is “available.” A driver’s insurance and Uber’s contingent liability coverage can be accessed, up to $50,000 per person and $100,000 per accident for bodily injury, and $25,000 for property damage.
- The driver is picking up a passenger or dropping them off. Uber’s commercial insurance coverage applies, which includes up to $1 million per accident for property damage and bodily injury.
Lyft’s accident insurance coverage includes:
- The Lyft app is off. Only the driver’s private insurance will apply to the accident.
- The Lyft driver is waiting for a match. Lyft’s contingent liability coverage applies, up to $50,000 per person and $100,000 per accident for bodily injury, and $25,000 for property damage, but only if the driver’s personal insurance does not apply.
- The driver is picking up a rider or dropping them off. Lyft’s $1 million policy will apply.
If you are involved in an accident with an Uber or Lyft driver while they have a client in the car, you can seek compensation from their auto insurance and the rideshare company. It gets more complicated and challenging when that driver is in between trips, waiting for a passenger to match with, or “off-the-clock” after a full day of driving. At this point, you may be wondering how to file a claim. When you have our legal team on your side, we can help you maneuver through the complexities of rideshare accidents.
What Are My Rights After an Uber or Lyft Accident?
It can be difficult to know what to do if you’ve been in an accident involving an Uber or Lyft driver. Your two most important first steps will be to seek medical attention and get the contact and driver information of all parties involved in the collision. You must be careful about what you say and do as well. Apologizing or admitting fault can affect your ability to recover fair compensation. Even if you think you may have been to blame, there could be another factor that you don’t know about. Involve an attorney as quickly as possible to protect your interests, and avoid signing anything or accepting a settlement until you have legal counsel.
Why Is an Uber or Lyft Accident Different?
When you’re involved in a rideshare accident, it’s crucial to understand that it’s different from a typical car accident. Uber, in particular, is a good example. They don’t consider their drivers to be employees, but independent contractors, and may be quicker to deny injury claims because of this.
Further, both Uber and Lyft use applications that can take a driver’s attention off the road. This often means these accidents can be the fault of the drivers. Nearly anyone can become an Uber or Lyft driver, so long as they have personal auto insurance, a license, and meet a few other requirements. Many of these drivers don’t have any training or experience with transporting clients, making it dangerous for them to be on the road all day long. With an increased chance for accidents, it’s crucial these companies take extra precautions to insure their drivers.
Why Houston Car Accident Victims Choose Arnold & Itkin
Most personal injury firms settle cases because going to trial is hard. Arnold & Itkin is built differently. We’re trial lawyers, and we prepare every case as if it’s heading to a jury because that preparation is what forces auto insurance companies to take real responsibility and can produce strong outcomes for our clients. That approach has generated results no Houston competitor can match.
Every Client, Every Case Is Personal
We know our clients come to us during some of the hardest moments of their lives. We treat them with dignity and respect, like family, and that includes helping them connect with necessary medical care while their case is pending. When we take your case, we’re all in. Not mostly in. Not until it gets difficult. No matter what.
There’s no financial risk in calling us. Arnold & Itkin works on a contingency fee basis, which means you pay nothing unless we win a verdict or settlement on your behalf. We carry all litigation expenses. That’s our commitment to you from the first conversation.
Houston Car Accidents: FAQs
How Long Do I Have to File a Car Accident Claim in Texas?
Texas sets a two-year statute of limitations for personal injury claims, running from the date of the accident. Missing that deadline can mean losing your right to recover. Don’t wait to speak with a car accident attorney. Evidence fades, witnesses become harder to locate, and the sooner we get involved, the stronger your case can be.
What If I Was Partly at Fault for the Car Accident?
Texas follows a modified comparative negligence rule. If you’re found partially at fault, your damages are reduced by your percentage of fault. However, if you’re found 51% or more at fault, you can’t recover at all. Insurance companies use this rule aggressively to reduce what they owe. It matters a great deal to your final recovery to have a Houston car accident attorney who can accurately establish fault, and challenge attempts to shift it onto you.
Will My Case Go to Trial?
Most car accident cases resolve through settlement before trial. That said, we prepare every case as if it will go before a jury because that preparation is what can produce serious settlement offers. When insurers know we’re ready to try a case, they negotiate differently. If a fair settlement isn’t on the table, we go to trial.
What Does It Cost to Hire Arnold & Itkin?
Nothing upfront and nothing unless we win. Arnold & Itkin handles car accident cases on a contingency fee basis. We advance all litigation costs and only collect a fee if we secure a verdict or settlement on your behalf. If we don’t win, you don’t pay.
Can I Still Recover If the At-Fault Driver Was Uninsured?
Potentially, yes. Depending on your own policy, uninsured motorist coverage may apply. There may also be other liable parties, a vehicle manufacturer, a government entity responsible for road conditions, or an employer if the at-fault driver was working at the time. We investigate every potential source of recovery so our clients aren’t left without options just because the other driver lacked adequate insurance.
Do I Need a Lawyer If a Family Member Was Killed in a Houston Crash?
Wrongful death and fatal accident claims are high-stakes, complex cases. Multiple insurers, Texas modified comparative negligence rules, and strict filing deadlines all affect what your family can recover. A fatal accident attorney can step in quickly, manage the investigation, and deal with the insurance companies while you focus on grieving and taking care of each other. We can explain your options, handle the legal work, and only get paid if we’re successful.
Our Houston Car Accident Lawyers Don’t Back Down, No Matter What
There are over 550,000 car accidents in Texas each year; the state hasn’t had a day free of traffic fatalities since 2000. Drivers cause accidents by allowing poor driving habits to persist or by making poor decisions. For instance, drunk driving is one of the deadliest events on Texas roadways.
Before you can secure compensation for damages, you must be able to present a compelling case. In cases where you can prove the other driver acted negligently, it can help strengthen your case and help you pursue a fair outcome when you have the help of a car accident attorney that Houston residents trust. Without a strong claim that demonstrates the other driver’s fault, you may miss out on valuable compensation. Though it may seem like you or the other driver’s insurance company are on your side, remain hesitant and take everything these companies promise with a grain of salt. Remember, insurance companies look out for their bottom line before anything else and won’t honestly care about your situation. That’s why you need a legal advocate you can trust to pursue full, fair compensation.
At Arnold & Itkin, we know how damaging car accidents can be. We fight to make sure clients recover everything they need to provide for themselves for the rest of their lives: (888) 493-1629.
Serving clients nationwide from Dallas, TX to Baton Rouge, LA.
