Houston Car Accident Lawyer
It’s no surprise that Texas is hub for international trade and shipping as a result of the North American Free Trade Agreement (NAFTA). Economic growth has brought more and more traffic and led to more frequent motor vehicle accidents including car accidents, truck accidents and motorcycle accidents. If you or your loved one is injured in an accident caused by another driver in Houston, here are four things that may be helpful to you to understand:
- You may be entitled to claim compensation from the at-fault driver’s insurance company to pay your medical bills and other expenses related to the accident.
- You may receive a call from an insurance adjuster representing the at-fault driver and offered a quick settlement.
- Insurance companies will try to take advantage of you by offering a low settlement if you do not have a knowledgeable lawyer representing your interests and are unfamiliar with the settlement process.
- You can speak with a lawyer free of charge about your legal rights if you have been injured by another motorist.
Before you sign anything presented by another driver’s insurance company, inform yourself about your legal rights. Schedule a free, no-obligation consultation with a knowledgeable personal injury attorney to review your Houston, Texas car wreck or truck accident and discuss your legal options. Understanding your legal rights will allow you and your family to make a better decision.
How Car Accident Fault is Determined in Texas
If you have been involved in a car accident in Texas, whether you were struck or accidentally struck someone else, it may be confusing to think about how the car accident’s fault will be determined. In some cases, there is fault on both sides. Here’s what you need to know about car accident faults in Texas.
When Insurance Companies Come In
Insurance companies will assign an insurance adjuster to your case, who will compile evidence through interviews with witnesses, the parties in the crash, and evidence at the scene. The number one thing to remember is that an insurance company does not determine the final fault if you’ve been in a car accident and are thinking about how fault will be determined. If an insurance company calls you on the phone to get your statement, do not admit fault for the accident. You may also choose to decline to give a statement politely. While the insurance company will determine who they think is liable for the accident, you can always appeal their determination.
When to Go to Court
If you appeal an insurance company’s claim of fault, you can choose to go to court to prove negligence on the part of the other motorist involved. You should seek a qualified automotive accident attorney in Texas to help you through your case.
What Method Does Texas Use to Determine Fault?
Texas uses a method to determine car accident fault called the “modified comparative fault” rule. When the accident’s fault seems to be on more than one party’s shoulders. Under the modified comparative fault rule, the value of the damage awarded to one party. This determined by the percentage of that party’s liability determined by an unbiased jury. However, since Texas’s rule is a “modified” approach, it means that if you are determined to be more than 50% at fault for a car accident, you assume all fault and are not eligible to receive a payout for damages.
Cases Our Houston Car Accident Lawyers Handle
The experienced car wreck attorneys at Herrman & Herrman, P.L.L.C., represent individuals and families throughout Houston, Texas who have been injured in crashes caused by others. Many Texas families experience financial stress when a loved one is seriously injured and unable to earn income. You may not have the financial means to pay for the medical care that you or your loved one needs. You may feel overwhelmed and be unsure where to turn for help. Our lawyers are committed to pursuing maximum compensation for people who have been seriously injured in Houston, Texas accidents caused by others.
Our car accident lawyers represent people injured in many types of car wrecks including:
- Speed-related crashes;
- Accidents caused by drunk drivers;
- Rear end accidents;
- Distracted driving accident;
- Aggressive driving accidents;
- Failure to yield accidents;
- Intersection accidents.
Oil worker auto accident statistics
Researchers for the study looked at worker fatality data from the Bureau of Labor Statistics from 2003 through 2008. They found that motor vehicle accidents were responsible for 202 of the industry’s 648 on-the-job employee fatalities, or about 31 percent of fatalities. Employees driving pick-up trucks accounted for 51.5 percent of the fatal accidents. Tractor-trailer or other large trucks were involved in 26.7 percent of the accidents, and 12.4 percent of accidents involved other types of trucks. Automobile accidents made up 5.9 percent of recorded fatalities.
While the most common type of fatal accident among oil workers was a single vehicle jackknifing or overturning, at 38.6 percent of all fatal accidents, the second most common type was head-on collisions, accounting for 20.8 percent of fatal accidents. Other leading types of fatal auto accidents among oil workers include intersection collisions, at 8.9 percent of accidents, and collisions between vehicles travelling in the same direction, at 7.9 percent.
Contributing factors to oil worker auto accidents
The report’s authors cited a number of factors that contribute to the prevalence of fatal auto accidents among oil field workers. The report noted that many drivers are driving while fatigued from working long hours at drilling sites. Additionally, Federal Motor Carrier Safety Administration laws that limit the number of hours a person can drive before resting do not apply to pick-up trucks unless those trucks are marked as transporting hazardous materials. This may explain why pick-ups drivers had the highest incidents of fatal accidents. Even when FMSCA laws do apply to a vehicle, time spent waiting at drilling sites does not count against driving hours under FMCSA laws. As such, drivers of large trucks may be fatigued after waiting around and then still have to drive their rigs.
Speak with an attorney
Fatigued oil workers put not only themselves at risk when they get behind the wheel; they threaten the safety of every other driver who shares the road with them. Accidents involving the large trucks that oil field workers drive are often particularly devastating for those driving passenger vehicles, and the workers – and in some cases their employers – need to be held accountable. If you have been injured in an accident involving an oil field worker, talk to an attorney with a history of successfully recovering compensation for victims in these complex cases.
What to Ask a Houston Car Accident Lawyer
When you meet with a car accident attorney about your Houston, Texas car accident, here are some key questions to ask.
- Do I have a valid claim to file a lawsuit? The car accident attorneys will review the specific facts of your car wreck and evaluate whether another driver’s negligence likely caused your injuries. The attorney will seek evidence to show that the other driver’s error, misconduct or disregard for safety caused the accident and led to your injuries.
- What is the estimated value of my losses? Many people who try to handle their own injury claim underestimate the actual value of their losses and get shortchanged. The full value of your losses includes your medical and rehabilitation costs, lost income from missed work, future lost earnings capacity if you cannot work or have to take a lower paying job because of your injuries, as well as your pain and suffering. An experienced attorney will be able to estimate the full value of your losses. That can help you avoid receiving less than full value for your claim.
- How many car accident cases has the attorney handled? It is important to work with a lawyer who has years of experience handling cases similar to yours and can provide trusted legal guidance based on experience.
- How does the attorney charge? At Herrman & Herrman P.L.L.C., our attorneys represent clients on a contingency fee basis. That makes it easier for victims of serious car accidents to have an experienced lawyer representing them.
- Is the client responsible for any upfront expenses or fees? If our car accident attorneys handle your car accident case on a contingency fee basis, you will not owe any upfront costs. You only owe a fee if we are successful in obtaining compensation for you.
Are You a Victim of a Houston Car Accident with a Truck?
Accidents involving commercial trucks and cars are a concern in Houston, Texas. The size of commercial trucks increases the chances that people in smaller vehicles will sustain serious injuries.
When a truck driver causes a serious accident in Houston, Texas, the trucking company will have lawyers protecting its interests. It is important that you have a dedicated lawyer representing your interests and fighting to make sure that the trucking company is held accountable. The attorneys at Herrman & Herrman, P.L.L.C., represent people who have been injured in car crashes and truck accidents caused by other drivers.
How Can You Get Legal Help in Houston, Texas After An Auto Accident?
Our attorneys are understanding of the fact that you are most likely experiencing a difficult time if you or your loved one has been seriously injured in a serious accident. We are available to visit with you at our office in Houston or at a location more convenient to you in Texas. If your injuries make it difficult for you to travel to a lawyer’s office, one of our personal injury attorneys can arrange to visit you at your home or hospital room or other location that you prefer in Texas.
Our legal team is prepared to investigate your accident, determine the precise cause of your injuries, identify the at-fault parties and negotiate aggressively with the insurance companies on your behalf for a fair settlement that covers your medical bills and other losses.
We believe that it is important for you to have reliable information about your legal rights after an accident. We would be glad to mail you our paperback guide written by personal injury attorney Gregory Herrman offering general information about handling insurance adjusters, the insurance claims process and the legal process after a car crash in Texas. Get your free copy of 7 Fatal Mistakes That Will Ruin Your Texas Auto Accident Case.