Houston, we have a problem — and it's on our roads. Our city has earned the dubious distinction of leading Texas in car accidents. According to the Texas Department of Transportation (TxDOT), a staggering 67,644 motor vehicle accidents occurred in Houston in 2023 alone.
To put that number in perspective, it's more than double the 31,678 crashes reported in Dallas during the same period. Houston injury statistics for these accidents show some 1,612 injuries and 290 deaths.
While these statistics are concerning, they underscore the importance of being prepared. Here’s what you need to know to protect your rights after an accident in Houston.
What Legal Protections Do You Have After an Injury?
In Texas, the law is on your side when someone else's negligence causes you harm. You're entitled to seek compensation for your injuries, but what does that actually mean?
First, it’s important to understand that Texas operates under a "fault" system. This means that the person responsible for the accident is liable for any resulting losses.
As an accident victim, you also have the right to do the following:
Seek Compensation Beyond Medical Bills
Along with your immediate medical bills, you can pursue compensation for:
- Current and future medical expenses
- Lost wages and earning capacity
- Property damage
- Pain and suffering
- Non-economic damages (e.g., loss of enjoyment of life)
Texas law allows injury victims to pursue compensation even if they were partially at fault for the accident. Under the state's modified comparative negligence rule, you can still recover damages as long as you're less than 51% responsible. However, your compensation will be reduced by your percentage of fault.
Gather Evidence
In injury claims, the party with the most thorough documentation usually has the upper hand.
Take photos of the scene of the accident, your injuries, and any property damage. Get contact info for witnesses, and hold onto all medical records and bills. It’s also a good idea to keep a journal detailing your pain levels and how the injury impacts your daily life.
Refuse Recorded Statements
Insurance adjusters often push for recorded statements early on, but you have the right to decline. These statements can be used against you later, especially if you're still unclear about the full extent of your injuries. It's usually best to consult a Houston injury lawyer before giving any statements.
Get Medical Treatment
You have the right to seek immediate medical attention and ongoing treatment as needed. The at-fault party's insurance should cover these expenses. Don't let concerns about costs prevent you from getting the necessary care.
File a Lawsuit
If your negotiations with the at-fault party’s insurer don't result in a fair settlement, you have the right to file a lawsuit within the state’s statute of limitations.
Receive Fair Treatment
Lastly, you have the right not to be subjected to excessive or harassing contact from insurance companies or the at-fault party. If you're being badgered, you can direct all communication to go through your attorney.
Do Rights Change When the At-Fault Party Is Uninsured?
These rights exist whether the at-fault party is insured or not. To obtain compensation, however, you may need to explore the following avenues:
- Uninsured Motorist Coverage: If you have UM coverage as part of your own insurance policy, it can cover your losses
- The At-Fault Party’s Personal Assets: You can sue the defendant, though many uninsured drivers may lack the resources to pay a judgment against them
- Third-Party Liability: Sometimes, another party may share responsibility, such as a driver’s employer if they were on the job
A qualified Houston injury attorney can help identify the best course of action based on your situation.
How Your Houston Injury Attorney Can Uphold Your Rights
After an accident, you'll likely need to deal with both your own insurance company and the at-fault party's. This can present some difficulty.
Insurers employ all manner of tactics designed to minimize the payout they owe. These may include:
- Pressuring you into giving a recorded statement before you've had time to assess your injuries
- Offering a quick settlement that doesn’t reflect your full losses
- Asking for blanket medical authorizations to dig through your history for pre-existing conditions
- Delaying the process in the hope that you'll get desperate
Never give a recorded statement to an insurance company without first consulting an attorney.
An adjuster may try to use your words against you to deny or devalue your claim. Your Houston injury lawyer knows these tricks and how to counter them.
Your lawyer can also handle all necessary communication with insurers, negotiate a fair settlement, gather and present evidence, and protect your legal rights.
FAQ
How Long Do I Have to File a Personal Injury Lawsuit in Texas?
In Texas, the statute of limitations for personal injuries is typically two years from the date of the injury. Missing this deadline can bar you from seeking compensation.
Can I File a Claim Without a Police Report?
Yes, though a police report will greatly strengthen your case. It provides an official account of the accident, which can be valuable evidence when filing a Houston injury claim.
Do I Need a Lawyer if the Accident Was Minor?
Even seemingly minor accidents can have hidden complications. An attorney can assess your case, identify all eligible damages, and prevent costly mistakes.
Here When You Need Us Most
One of the hardest things about seeking compensation for a personal injury is how long it can take. Weeks or months might pass with seemingly little progress. However, it’s crucial to resist the urge to settle quickly out of frustration.
If you've been injured in Houston due to someone else's negligence, don't try to take on the at-fault party and their insurance company alone. The experienced team at Ramsey Law Group is ready to assert your rights and pursue the compensation you deserve. Contact us today for a free consultation.