Downtown Houston Car Accident Attorney, Dax Garza
At Dax F. Garza, P.C., our award-winning Houston auto accident attorneys will fight to protect your best interests. Our car collision lawyers have years of experience helping victims recover the financial compensation they deserve. Contact Our Houston Motor Vehicle Accident Lawyers Today and Schedule a Free Consultation.
Our Car Collision Case Results
- Wrongful Death Involving a DUI Car Accident: $73.22 Million
- Auto Pedestrian Car Accident: $1.10 Million
- Texas Trucking Accident: $2.19 Million
Types of Texas Auto Accident Cases We Regularly Handle
- Hit-and-run accidents
- Head-on collisions
- Rear-end accidents
- T-bone accidents
- Highway accidents
Our Houston Auto Accident Attorneys Will Fight for the Insurance Company for You
Typically, an insurance adjuster will call soon after an auto collision. You are not required to speak to the insurance company without representation. Our Houston car accident attorneys can speak to the adjuster on your behalf, shielding you from any unsavory tactics the insurer may use to hurt your claim.
Insurance adjusters are, unfortunately, skilled in intimidating accident victims. They often use bullying strategies to frighten victims into believing they will see no financial relief if they do not accept the lowball offer the adjuster is “generously” putting forth. Your personal injury attorney will not be intimidated or let the insurance provider get away with paying you less than you deserve.
Rather, an auto accident attorney can negotiate a fair settlement with the insurance company. Negotiations can involve a great deal of back-and-forth communication. Insurance adjusters are trained negotiators whose main goal is to minimize any claim payout. Having a lawyer negotiate on your behalf will ensure your claim is treated fairly.
We Help Find All At-Fault Parties in A Car Wreck
In a car accident injury claim, accident victims must prove the other driver is at fault. Insurance companies may hold their bottom line above your needs, offering settlements far below the insurance policy amount. In addition, insurance adjusters will look for ways to minimize the potential value of your claim.
Car accident claims are dependent on fault. Texas is a comparative negligence state, meaning the at-fault designation in an auto accident may be assigned to multiple parties. Our dedicated legal team will determine all of the parties responsible for your crash and hold them accountable.
If the insurance company believes you to be partially at fault for the crash, it may severely reduce their payout offer.
In other cases, an insurance company may attempt to delay a claim by requesting additional paperwork a little at a time. Prolonging the claims process can significantly hurt injury victims, forcing them to settle for a lower amount than their case is worth.
Potential At-Fault Parties in a Motor-Vehicle Accident
Car accidents happen for a variety of reasons. Though every accident is different, some causes are more commonly seen than others.
- The Other Driver: Another driver’s reckless or negligent behavior is one of the most common reasons for crashes. Drivers who speed, drive under the influence, drive while texting, engage in distracted driving, and/or ignore the rules of the road put all others who share that road in danger. Sometimes, drivers just make errors. Perhaps they misjudge a highway entry or exit or do not leave enough time to brake. Inexperience also plays a role in driver error, with newer drivers not practiced in anticipating other drivers’ moves or avoiding collisions.
- Car or Part Manufacturers: Vehicle manufacturers are responsible for producing safely performing vehicles. If there is a defect in design or production that goes unseen and ultimately causes an accident, perhaps an inadequate braking or steering system, the car manufacturer may hold fault. If specific parts of a car fail, such as airbags or other safety features, the party or company responsible for installing those devices may be culpable as well.
- Government Entities: Government offices, whether at the municipal, county, or state level, are responsible for maintaining roads and ensuring traffic signals work and are visible. If roads are allowed to fall into disrepair and contain potholes or other obstacles, or if the traffic lines or signs are worn away, those unsafe roads can lead to accidents. In these situations, the entities overseeing those areas may be at fault.
What Happens if You’re Partially at Fault?
Comparative negligence also allows those who are partially at fault for a car accident to still file an injury claim. Those involved in the collision are assigned a portion of the blame that is reflected by a percentage value.
Under Texas Car Accident Law:
A claimant may file a personal injury suit if they are 49 percent at fault or less. Claimants may recover compensation proportionate to their percentage of fault. For example, suppose two drivers are involved in a collision. The first motorist was driving distracted, while the second driver was speeding.
The first motorist may be assigned 49 percent of the fault, while the second driver is given 51 percent of the responsibility for the car accident. In this scenario, the first motorist can recover damages in a personal injury lawsuit; however, the claim value will be reduced by their percentage of fault. If the claimant is awarded $100,000 in damages, then they can collect 51 percent of it, or $51,000.
Keep in mind that while comparative fault allows you to pursue a settlement or take a case to trial even if the victim holds some fault, it is also an incentive for insurance companies to inflate your level of blame. By increasing your percentage of fault, they lower their payout, making it essential that you have strong legal representation to counter these arguments.
As our client, our experienced legal team will handle all of the details for you. Our car accident lawyers will pull together the critical evidence you need to support your claim, including:
- The police report
- Witness statements and testimony
- Expert testimony
- Medical records and statements from your treating physicians
- Pictures of the scene of the accident, property damage, and your injuries
- Video evidence from surveillance cameras or witnesses
More evidence may be needed, depending on the circumstances of your case. Your Houston car accident lawyer can discuss the details of your situation to find and preserve all available and necessary evidence.
Navigating the Legal Process
The legal process is intimidating for anyone without a legal background, and for accident victims who are in especially vulnerable situations, attempting to navigate it alone is risky. You can easily make a small error that will have significant and negative implications for your case.
Taking a case through the legal process is just another day at work for a Houston car accident lawyer. This familiarity with the process allows your lawyer to focus on the specific details of your situation and construct a customized case to bring you the highest settlement possible. And there is no risk of error. As your personal injury attorney will prepare, complete, and file all documentation accurately and on time.
Getting Maximum Compensation in a Car Accident Claim: Calculating Your Damages
When a person is injured in a car accident, they may incur any number of expenses, including medical bills and property damage. Victims may be entitled to receive compensation for their physical and emotional pain. Car accidents can cause a wide range of serious injuries. Broken bones and neck sprains are very common. In some cases, injuries can be catastrophic and debilitating, causing lifelong pain and discomfort.
Texas Car Accident Settlements
Most car accident claims in Houston are settled out of court. However, if an insurance company fails to offer a fair settlement, you will need a car accident lawyer to represent you in court. Our trial attorneys are highly skilled negotiators with a long history of obtaining exceptional verdicts in court.
Statute of Limitations for Houston Motor Vehicle Accidents
Every state has a legal window of opportunity for accident victims to file an injury claim. In Texas, this window remains open for two years from the date of the accident. After the two-year deadline, legally called a “statute of limitations,” it is very difficult to have your case heard unless there are extenuating circumstances. If there are, your car accident attorney in Houston will fight to have that deadline reconsidered for your case.
Still, it is best to partner with an attorney promptly so you can file well within that timeframe and avoid any complications. Plus, an early partnership gives your attorney time to investigate your case thoroughly and build a solid case while still filing on time.
For Claims Against Texas Government Entities
The statute of limitations for cases against the Texas government is considerably shorter, and the legal process for a claim follows different rules. For example, if you are in an auto accident with a state-owned vehicle, you have to file your claim within six months.
Claims against federal government entities, such as United States Postal Service vehicles, also follow a different process.
Whether your claim is against a privately owned, state owned, or a federally owned vehicle, your best way forward is to put your case in the hands of a skilled car accident lawyer in Houston.
Protecting Your Legal Rights
When you secure prompt legal representation, you have someone who will protect your rights from the start. The at-fault party’s insurance company will reach out to you quickly, claiming you are required to give them a recorded statement about the accident. Remember, the insurance company is not on your side. They are hoping you say something they can somehow use against you. An attorney’s guidance here is critical.
Your insurance policy may require that you provide a statement to your own insurance company. Even here, your lawyer will examine your policy and help you prepare.
Accessing Information
When pursuing an injury claim, gathering as much relevant information as possible is crucial. Sometimes, however, victims do really know what information they need or how to acquire it. A Houston car accident lawyer has the wherewithal and resources to gather these important documents and details.
Along with other evidence and input from experts, your attorney will access the crash report filed with the Texas Department of Transportation (DOT), which provides the “official” account of your accident.
Schedule a Free Consultation with Houston Car Accident Lawyer Dax Garza
At Dax F. Garza, P.C., our exceptional auto accident lawyers will handle your personal injury claim with the respect, attention to detail, and responsiveness you deserve. We will guide you through the claims process step-by-step, working tirelessly to secure full financial compensation.
Contact our Houston car accident lawyers for a free consultation today. We will discuss the details of your case and determine the best course of action for your needs.
