Protecting Your Rights After A Car Accident

Car accidents are an unfortunate reality on Houston’s busy roads. Whether it is a minor fender-bender or a severe crash, the consequences can be life-changing. Injuries sustained in car accidents can vary, and navigating the legal landscape in Texas can be daunting without experienced help. In this case, an experienced car accident attorney can guide you through the complexities of insurance claims, medical bills and legal rights, helping ensure you receive the compensation you deserve.

When choosing a personal injury lawyer, experience matters. I, attorney Michael Kerensky, have over 40 years of experience representing personal injury cases and am also board-certified in personal injury. Dedicated to serving the people of Texas, I have the passion and experience to protect your rights. The Kerensky Law Firm, Michael Kerensky, PLLC’s paralegal also speaks fluent Spanish.

Common Causes Of Car Accidents In Houston

Houston is one of the largest cities in the United States, and with its size comes a significant amount of traffic. In 2022, over 68,000 car crashes were reported in Houston alone, according to the Vision Zero Annual Report. Understanding the common causes of these accidents can help prevent them and seek justice if you are involved in one.

• Distracted driving: It includes anything that takes a driver’s attention away from the road, such as texting, talking on the phone, eating or adjusting the radio. In 2022, distracted driving accounted for nearly 20% of all car crashes in the city, making it a significant factor in road safety.
• Speeding: High speeds reduce the driver’s ability to react quickly to help prevent a crash and potentially increase the severity of injuries sustained in an accident. Despite speed limits designed to keep everyone safe, many drivers exceed these limits, leading to a higher incidence of crashes and injuries.
• Driving under the influence: DUI is a serious problem in Houston. DUI-related accidents often result in severe injuries or fatalities. In 2022, Houston recorded over 2,000 DUI-related crashes.
• Weather conditions: Houston’s unpredictable weather, including heavy rain and occasional flooding, can also contribute to car accidents. Wet roads reduce traction and visibility, increasing the risk of crashes. Drivers who are unprepared or inexperienced in such conditions are more likely to be involved in an accident.

You will need strong evidence of the contributing factors to receive the compensation you deserve after a car accident. I am here to help you collect enough evidence to build and strengthen your case.

Common Injuries Sustained In A Car Accident

Car accidents can result in various injuries, from minor bruises to life-threatening conditions. In Houston, the following injuries are commonly reported in car accident cases:

• Whiplash: This is more common, especially in rear-end collisions. It occurs when the head is suddenly jerked forward and then backward, causing strain on the neck muscles and ligaments. Symptoms may include neck pain, stiffness and headaches, sometimes leading to long-term discomfort if not properly treated.
• Broken bones: The impact of a car crash can lead to broken bones, particularly in the arms, legs, ribs and collarbone. These injuries often require extensive medical treatment, including surgery and can take months to heal. In severe cases, broken bones can lead to permanent disability.
• Traumatic brain injuries (TBI): These occur when a violent blow or jolt to the head disrupts normal brain function. TBIs can range from mild concussions to severe brain damage, leading to long-term cognitive and physical impairments. The recovery process for TBI victims can be lengthy and costly.
• Spinal cord injuries: These injuries can occur when the spinal cord is damaged due to the force of a car crash, resulting in partial or complete paralysis. Victims of spinal cord injuries face significant challenges, including ongoing medical care, rehabilitation and adjustments to daily living.

The injuries after a car accident can be devastating, and you may need financial support to help in the recovery journey. I am board-certified in personal injury, so you do not have to handle these processes alone.

FAQs: Texas Car Accidents

Car accidents can be stressful and overwhelming, especially when navigating Texas laws and undergoing the claims process. Below are answers to common questions that can offer clarity about your next steps after a Texas auto accident.

What happens after a car accident that is not your fault in Texas?

In a car accident that was not your fault, you typically have the right to pursue compensation from the at-fault driver’s insurance. Texas follows a fault-based system, meaning the responsible party must cover damages such as medical bills, lost wages and vehicle repairs.

Insurance companies may try to dispute fault, making guidance from an experienced personal injury attorney essential to maximize your compensation.

What is the modified comparative negligence rule in Texas?

Texas applies a modified comparative negligence rule, meaning your compensation may be reduced if you are partially responsible for a car wreck. If you are found 51% or more at fault, you cannot recover damages.

However, if your fault is 50% or less, your compensation will be reduced proportionally. For example, if you are awarded $100,000 but found 20% at fault, you will receive $80,000, making it crucial to demonstrate the other driver’s responsibility.

How long do I have to file a claim after a car accident in Texas?

Texas law sets a two-year statute of limitations on personal injury claims after an auto accident. If you fail to file within this time frame, you may lose your right to pursue compensation. It is critical to act quickly, preserving relevant evidence and building a strong case. Consulting a lawyer can help you meet all necessary steps within legal time frames.

How much compensation can I recover in a car accident claim?

The amount of compensation in a Texas car wreck claim depends on factors such as the victim’s medical expenses, property damage, lost wages, and pain and suffering.

Severe injuries and permanent disabilities typically lead to higher settlements. If the at-fault driver acted with gross negligence, you might also be entitled to punitive damages to deter future wrongdoing and punish the other motorist.

Since insurance companies often minimize payouts, sound legal representation can be the key to maximizing your claim. The right attorney can deal with insurers on your behalf, helping reduce the risk of receiving an unjust settlement.

Take The Right Steps After A Car Accident

If you are involved in a car accident in Houston, the aftermath can be overwhelming. At The Kerensky Law Firm, Michael Kerensky, PLLC, I help Texas clients navigate the legal complexities and fight for the compensation they deserve.

Call 713-280-3274 or contact me online today to schedule a free consultation. Hablamos español.