Understanding Your Rights: Houston Car Crash Injury Claims in 2024

Imagine cruising down a sunny Houston street, music playing, windows down… then, the unexpected—a collision. The world goes still. Now, you’re left with injuries and a sea of questions.

Houston traffic can be a jungle, and unfortunately, accidents happen. If you’ve been injured in a car crash in Houston, you might be feeling overwhelmed and unsure of your next steps. But don’t worry, you have rights, and Houston car crash injury lawyers at J. Jackson Law Offices are here to help you understand them.

Your Rights After a Houston Car Crash Injury: Seeking Compensation and Justice

Being injured in a Houston car crash can leave you feeling physically and emotionally vulnerable. Medical bills pile up, and daily tasks become difficult. On top of that, navigating the legal system can seem daunting. Here’s the good news: Texas law protects car accident victims with certain rights.

Right to Compensation

Texas is a “fault” state, meaning the driver who is responsible for the car accident will have to pay the injured party’s damages. This compensation covers a variety of losses and damages, including:

Medical Costs: This includes past, present, and future medical bills related to your injuries.
Lost Wages: Income you lose due to injuries and inability to work.
Car Repairs or Replacement: The cost to fix or replace your damaged vehicle.
Pain and Suffering: This encompasses reimbursement for physical pain/discomfort, psychological anguish, and diminished life enjoyment resulting from the incident.

Right to Gather Evidence

While your safety is the top priority after an accident, gathering evidence is vital to build a strong case. You have the right to:

Take pictures: You should document the scene of the car accident and note down any damages to vehicles, skid marks, and traffic signals.
Collect witness information: Find out the names and contact details of people who saw the accident.
Request a copy of the police report: This document will contain details about the accident and contributing factors.

Right to Legal Representation

The legal system in Houston can be tricky, especially when dealing with insurance companies. You have the right to hire an experienced Houston car crash injury lawyer to:

Investigate the accident: Your crash injury lawyer will thoroughly investigate the circumstances of the crash to establish liability.
Handle insurance claims: They will communicate with insurance companies and negotiate to give you a fair settlement offer.
Negotiate on your behalf: Your crash injury lawyer will negotiate with the at-fault party’s insurance company to secure maximum compensation.
Representation in court: If the defendant is unwilling to give you a fair settlement, your Houston car crash injury lawyer can represent you.

Right to a Fair Trial

If negotiations fail, you can take your case to court and present your evidence before a judge or jury.

When to File a Car Accident Lawsuit in Houston, TX

Getting injured in a car crash can be a physically and emotionally draining experience. The last thing you want to worry about is the legal side of things, but understanding the timeframe for filing a lawsuit is crucial. Here’s what you need to know about filing a car accident lawsuit in Houston, TX:

The Texas Statute of Limitations

Texas has a stringent two-year statute of limitations for starting a personal injury lawsuit arising from a car accident. This means you have a two-year window from the accident date to lodge your claim in court. If you miss this deadline, your case may be dismissed, meaning you lose your right to seek compensation through the legal system.

Why Waiting Can Be Risky

While two years may seem like a long time, there are several reasons why it’s best not to wait to file your lawsuit:

Evidence Fades: Memories can become fuzzy over time, and physical evidence like skid marks may disappear. The sooner you start working on your case, the stronger it will be.
Witness Availability: If too much time passes, witnesses may relocate, forget critical details, or become unavailable to testify.
Medical Treatment: It’s essential to understand the full extent of your injuries before seeking compensation. Waiting to file a lawsuit could mean underestimating the impact of the accident.

Special Circumstances

There are some exceptions to the two-year rule. If you were underage when the car accident occurred, the statute of limitations may be tolled (paused) until your 18th birthday. Additionally, if the person you’re trying to sue relocates out of state, the statute of limitations clock could halt until their return.

Texas Modified Comparative Fault Rule: Sharing the Blame, Sharing the Compensation

Texas traffic accidents can wake everyone, but what happens when both drivers share some fault for the crash? Here’s where the Texas Modified Comparative Fault Rule comes in. This rule determines how much compensation an injured person can receive if they are found to be partially at fault for the accident.

Understanding the Rule

Proportionate Reduction: Unlike some states with a pure contributory negligence rule, Texas allows you to recover compensation even if you’re partially to blame. However, the amount you receive will be proportionately decreased to your share of the fault.
Sharing the Pie: Imagine the total fault for the accident being a pie. The jury or judge will decide how to divide the pie, assigning a percentage of fault to each driver. For instance, if you’ve found 30% at fault, your compensation would be reduced by 30%.

The 51% Bar

The modified comparative fault rule has a crucial caveat. If you’re found to be 51% or more at fault, you will not be able to get any compensation. This is known as the “51% bar.”

How a Houston Car Crash Injury Lawyer Can Help

Determining fault in a car accident is fraught with legalities and complexities. A Houston car crash lawyer can:

Investigate the accident scene and gather evidence.
Analyze police reports and witness statements.
Fight to minimize your assigned percentage of fault.
Negotiate with insurance companies on your behalf.

By understanding the modified comparative fault rule and seeking legal counsel, you can ensure you receive fair compensation for your injuries, even if you share some of the blame for the accident.

J. Jackson Law Offices: Fighting for Your Rights

Getting back on your feet after a car accident is challenging. J. Jackson Law Offices understands your physical, emotional, and financial burdens. We will fight tirelessly to protect your rights and obtain fair compensation for your injuries.

Contact us today to schedule a consultation at 855-GET-JJLAW.