Car Accident Attorney in Houston, Texas

If you've been involved in a car accident in Houston, Texas, securing experienced legal representation is crucial.

At The Ardoin Law Firm, Attorney Richard G. Ardoin is committed to guiding you through every step of the legal process, from working through complicated insurance claims to pursuing justice in the courtroom. 

We work tirelessly to protect your rights and alleviate the stress of dealing with the aftermath of a collision. Let our firm fight for you, so you can focus on your recovery. Call today for a free consultation.

Pursing Personal Injury Claims

In car accident cases, personal injury law is typically applied when one party's negligence causes an accident that results in physical, emotional, or financial harm to another. 

Texas law allows injured parties to seek compensation for medical bills, lost income, emotional distress, pain and suffering, and other types of damages related to the accident.

The basis of personal injury law in Texas is negligence, which involves the failure to act with reasonable care. In car accidents, negligence can take many forms, including speeding, distracted driving, running red lights, driving under the influence of alcohol or drugs, and failing to maintain control of a vehicle.

Common Causes of Car Accidents in Texas

At The Ardoin Law Firm, P.C., we believe that awareness is the first step toward prevention. Whether it’s distracted driving, speeding, or impaired driving, knowing what factors contribute to accidents can empower drivers to make more informed decisions on the road.

1. Distracted Driving

Distracted driving occurs when drivers engage in activities that divert their attention away from the road, such as texting, talking on the phone, eating, or adjusting the radio. Texas has laws against texting while driving, but despite these laws, distracted driving remains a significant problem.

2. Driving Under the Influence (DUI)

Alcohol impairs a driver’s judgment, coordination, and reaction time, making it more likely that they'll cause an accident. Texas law has strict DUI laws, and individuals caught driving with a blood alcohol concentration (BAC) of 0.08% or higher face penalties, including license suspension, fines, and imprisonment. 

Victims of DUI accidents can file personal injury claims to seek compensation for their injuries and losses.

3. Speeding

Driving above the speed limit or too fast for road conditions reduces a driver’s ability to react to hazards and increases the severity of accidents. Texas law enforcement regularly enforces speed limits, but many drivers still exceed them, leading to accidents that can result in serious injury or death.

4. Reckless Driving

Reckless driving refers to behaviors such as tailgating, failing to yield the right of way, running red lights, and making illegal turns. Drivers who engage in reckless driving are often not concerned with the safety of others on the road, and their actions can lead to serious accidents.

5. Weather Conditions

Texas is known for its unpredictable weather, and poor road conditions caused by rain, ice, fog, and strong winds can contribute to car accidents. Drivers must adjust their speed and driving behavior to account for adverse weather conditions, but failure to do so can result in accidents. 

While weather-related accidents aren't always caused by negligence, drivers can still be held responsible for accidents if they fail to take reasonable precautions in inclement weather.

6. Driver Fatigue

Fatigue is a significant factor in many accidents, especially among commercial drivers. Long hours on the road can lead to exhaustion, impairing a driver’s reaction times and decision-making abilities. 

Texas law recognizes the dangers of driver fatigue, and commercial drivers are subject to regulations limiting the number of hours they can drive each day. However, even non-commercial drivers can cause accidents when they drive while tired.

Knowing the common causes of car accidents in Texas is the first step in recognizing the potential for injury, but knowing how to handle the legal process afterward is crucial.

The Process of Filing a Personal Injury Claim in Texas

If you were involved in a car accident in Texas, you may be entitled to compensation for your injuries and other damages. To begin filing for a personal injury claim with the help of a Houston car accident attorney, you'll need to begin the legal process.

1. Seek Medical Attention

Your first priority after a car accident should always be to seek medical attention. Even if injuries appear to be minor, it’s essential to have a medical professional assess your condition. 

Some injuries, such as whiplash or internal injuries, may not be immediately apparent, and adrenaline may temporarily mask the pain from injuries you're unaware of.

2. Gather Evidence

The success of a personal injury claim depends largely on the evidence available. Try to gather as much information as possible, including:

• Police reports: The Texas Department of Transportation (TxDOT) maintains accident reports, and the police report can serve as important evidence in your case.

• Witness statements: If there were witnesses to the accident, gather their contact information and ask them to provide statements about what they saw.

• Photographs: Take photographs of the accident scene, the damage to the vehicles, road conditions, and any visible injuries.

• Insurance details: Obtain the other driver’s insurance information, as well as your own.

After you've received medical attention and obtained as much evidence as you can from your accident, it's in your best interest to seek out a Houston car accident attorney.

3. Contact an Attorney

Personal injury cases can be complicated, and having an experienced Houston car accident attorney like Attorney Richard G. Ardoin on your side can make a difference in the outcome of your case.

A lawyer can help you work through the legal system, fight for your compensation, and negotiate with insurance companies.

4. Negotiating a Settlement

Insurance companies often try to minimize payouts by offering low settlements to accident victims. It’s important to carefully consider any settlement offer and make sure that it covers all your damages, including medical expenses, lost wages, and pain and suffering. 

A Houston car accident attorney can help you assess whether a settlement is fair or if you should pursue a trial.

5. Filing a Lawsuit

If a fair settlement can't be reached, you may need to file a lawsuit in order to pursue your claim in court. 

In Texas, personal injury claims arising from car accidents must be filed within two years of the date of the accident. This time frame is called the statute of limitations, and failing to file within this period could result in losing your right to seek compensation and move forward with court proceedings.

6. Court Proceedings

If the case goes to trial, both parties will present evidence and make arguments before a judge or jury. In Texas, the jury will determine whether the defendant is liable for the accident and, if so, the amount of compensation to be awarded. 

The trial process can be lengthy and complicated, but having an experienced Houston car accident attorney by your side can help make sure that your interests are protected as you strive for compensation.

Types of Compensation Available in Texas Car Accident Cases

Victims of car accidents in Texas may be entitled to a range of compensatory damages based on several factors. These can include:

• Medical expenses: This includes the cost of emergency treatment, hospital stays, surgeries, physical therapy, and any other medical care related to the accident.

• Lost wages: If your injuries prevent you from working, you may be entitled to compensation for lost income. This can include both past wages and future earnings if your injuries result in long-term or permanent disability.

• Pain and suffering: Pain and suffering compensation is intended to address the physical pain, emotional distress, and diminished quality of life resulting from an accident. In Texas, these damages are subjective and can vary based on the severity of the injuries and their impact on the victim’s life.

• Property damage: Victims can seek compensation for damage to their vehicle or other personal property that was damaged in the accident.

• Punitive damages: In certain cases where the defendant's conduct is particularly egregious, such as in cases of extreme recklessness or DUI, a court may award punitive damages to punish the wrongdoer and deter similar conduct in the future. However, punitive damages aren't always awarded in car accident cases.

Compensation may also be sought by car accident victims who may be partially at fault for the accident.

Comparative Negligence in Texas

Texas follows a rule of comparative negligence when determining fault in car accidents. Under this rule, a party’s compensation may be reduced in proportion to their degree of fault in the accident. 

For example, if you're found to be 20% at fault for the accident, your compensation will be reduced by 20%. However, if you're found to be more than 50% at fault, you may be barred from recovering damages altogether.

If you're unsure whether it may be worth filing a personal accident claim for a car accident you were involved in, it may be in your best interest to speak to an experienced Houston car accident attorney at The Ardoin Law Firm P.C.