About Car Accident Law in Houston, United States
Car accident law in Houston, Texas, focuses on the legal responsibilities and rights of individuals involved in motor vehicle collisions. These laws determine who is responsible for damages, how compensation is handled, and what steps must be taken following an accident. Houston, being a major urban area with significant traffic, experiences a high volume of car accidents each year. As such, understanding local laws and how to protect your rights is essential if you are involved in a car accident in this region.
Why You May Need a Lawyer
After a car accident, situations can become legally complex. Here are common reasons why you might require legal assistance:
- You have suffered injuries and need help securing fair compensation for medical bills, lost income, or pain and suffering.
- The other driver disputes fault or their insurance company denies your claim.
- There are multiple vehicles or parties involved, raising complicated questions about liability.
- The insurance settlement offer does not cover your expenses or damages.
- The accident involved a commercial vehicle, such as a truck or rideshare car.
- An uninsured or underinsured driver caused the accident.
- There is a wrongful death claim related to the accident.
- You need to go to court to resolve your claim.
Local Laws Overview
Houston follows Texas state laws regarding car accidents, but local courts and procedures can influence your claim. Here are key legal aspects relevant to car accidents in Houston:
- Fault-based system: Texas uses an at-fault system, meaning the person responsible for the accident is liable for damages.
- Comparative negligence: If you are partly at fault, you can still recover damages as long as you are less than 51 percent responsible, but your compensation is reduced by your percentage of fault.
- Statute of limitations: In Texas, you generally have two years from the date of the accident to file a lawsuit for personal injury or property damage.
- Insurance requirements: Drivers must carry minimum liability insurance. The current state minimums are 30,000 dollars for bodily injury per person, 60,000 dollars per accident, and 25,000 dollars for property damage.
- Reporting accidents: Accidents involving injury, death, or property damage exceeding 1,000 dollars must be reported to law enforcement.
- No texting while driving: Houston prohibits texting and driving, and violation may impact liability in an accident.
Frequently Asked Questions
What should I do immediately after a car accident in Houston?
Check for injuries and call 911 if needed. Move vehicles to a safe spot if possible. Exchange information with the other drivers and gather evidence such as photos and witness details. Report the accident to law enforcement if required.
Is Texas a no-fault state for car accidents?
No, Texas is an at-fault state. Whoever caused the accident is responsible for the damages.
Do I have to report every car accident to the police?
You must report accidents involving injury, death, or property damage over 1,000 dollars to the police. For minor collisions, reporting is optional but can protect your interests.
What if the other driver does not have insurance?
If the other driver is uninsured or underinsured, you may file a claim through your own insurance if you have appropriate coverage, such as uninsured or underinsured motorist protection.
How long do I have to file a lawsuit after a car accident in Houston?
You generally have two years from the date of the accident to file a personal injury or property damage lawsuit.
Should I accept the first settlement offer from an insurance company?
It is usually not advisable to accept the first offer. Insurance companies often start with a lower offer. You should consult a car accident lawyer to determine whether the compensation is fair.
Can I recover damages if I was partially at fault for the accident?
Yes, you can recover damages as long as you are less than 51 percent at fault, but your recovery will be reduced by your percentage of responsibility.
What types of damages can I claim after a car accident?
You can claim both economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress).
Do I need a lawyer if I was not severely injured?
Even if your injuries are minor, you may benefit from legal guidance, especially if there are complications with fault, the insurance process, or unexpected complications with injuries.
How much does it cost to hire a car accident lawyer in Houston?
Most car accident lawyers work on a contingency fee basis, meaning they are paid a percentage of the recovery only if you win your claim. Initial consultations are often free.
Additional Resources
If you need support or information about car accidents in Houston, the following resources may be helpful:
- Houston Police Department: Assistance with accident reports and documentation.
- Texas Department of Insurance: Guidance on auto insurance regulations and claims.
- Texas Department of Transportation: Data and safety tips for road users.
- Local legal aid organizations: Free or low-cost legal services for eligible individuals.
- State Bar of Texas: Lawyer referral services and information on legal rights.
Next Steps
If you have been involved in a car accident in Houston and need legal assistance, consider taking the following steps:
- Ensure everyone’s safety and obtain necessary medical care.
- Document the scene and exchange information with the other parties involved.
- Notify your insurance company promptly.
- Collect and keep copies of all relevant records, including police reports, medical bills, and correspondence with insurance companies.
- Consult a reputable car accident lawyer who practices in Houston for a case evaluation and guidance on your legal options.
Choosing the right legal help can make a significant difference in the outcome of your case. Do not delay seeking advice, especially with strict time limits in place for filing legal actions.
Lawzana helps you find the best lawyers and law firms in Houston through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Car Accident, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Houston, United States - quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please
contact us, and we will review and update it where appropriate.
