Mary Jo was texting her daughter what to pick up at the grocery store on her way home.Belinda was late for an appointment and was speeding along the highway trying to cut five minutes from her drive.
Marlene took her eyes off the road for less than 20 seconds as she handed a bottle to her baby in the back seat.
These are all common occurrences, simple actions which many people have done. Unfortunately, in each of these cases an auto accident occurred on a Texas highway and lives were devastated forever.
Automobile accidents occur in Houston every day. If you listen to the traffic reports on TV or any of the radio stations in Houston, you’ll inevitably hear about auto accidents. Some are minor and others have tragic outcomes, resulting in severe injuries, long term disabilities and even fatalities. Unfortunately, Texas has more auto accidents than any other state, including California. The statistics from the Texas Department of Transportation for 2009 are startling:
- There Were 59,164 serious injury crashes in Texas in 2009. These crashes resulted in 80,640 people sustaining a serious injury.
- Were no deathless days on Texas roadways in 2009.
- 1 person was killed every two hours 50 minutes.
- 1 person was injured every 2 minutes 14 seconds.
- 1 reportable crash occurred every 74 seconds.
Texas personal injury due to auto accidents is a highly specialized area of litigation, one that demands keen legal insights to interpret Houston laws. There are many loopholes in Houston’s personal injury laws that an experienced personal injury attorney will know.
For instance:
- Who was at fault?
- Fault is one of the biggest, if not THE most critical element, in any car accident claim.
- Texas operates under a comparative fault system which is fairly complex.
- If you were careless and that contributed to your injury, the amount you can recover is reduced in proportion to your fault under Texas comparative negligence law. If you were more than 50% at fault for your injury, you won’t be able to collect from the other person.
- Texas joint and several liability rules allow you to collect all damages from any person who was more than 50% responsible for your injury.
- Was the auto accident a result of negligence on the part of a driver?
- In most cases, in order to collect on an injury claim in Texas, you must prove the person who caused the injury was “negligent” – careless and neglectful.
- Acts of Texas negligence include:
- Driving while talking on a phone, texting or being distracted
- Speeding and other forms of reckless driving
- Driving under the influence of alcohol or drugs
- Was the auto accident the result of negligence on the part of the auto manufacturer?
- Was the vehicle design safe?
- Were there poorly designed or manufactured car parts?
- Were there inadequate repairs on the automobile?
- Will you be debilitated long-term?
- Pain and suffering (also known as non-economic damages) are ambiguous in Houston laws. You may also recover lost wages and past and future medical expenses.
- What if the negligent driver is NOT insured?
- Texas law requires that every vehicle in Texas carry auto liability insurance. However, I out of 3 drivers in Houston is NOT insured.
You want a Houston personal injury attorney that will go the extra mile for you, someone who is competent, caring and sees you not only as a client, but a person who has suffered an injury or life-altering loss.
