An auto accident can turn your world upside down. In cities like Houston and surrounding Harris County, motor vehicle accidents happen daily. Whether you have been in a fender bender or severe crash before, or this is your first ever auto accident, it can feel overwhelming.
Trying to juggle your physical recovery, financial obligations, and inability to participate in your everyday activities takes work. At Kolodny Law Firm, we compiled this guide to give you a brief overview of what to do after a car accident, the most common types of accidents and injuries, potential compensation, and more.
What Should I Do After a Car Accident in Houston?
In the hours and days after a car accident, there are several steps you could and should take. Remember, every situation is unique, so these steps may not apply under your circumstances, or you may need to take additional steps. Use this list as a general guide on how to proceed after you have been injured in a car wreck.
Immediate Actions
In those moments after a crash, you should take four immediate actions.
Ensure Safety
If you are not severely injured or incapacitated, you should ensure your safety and that of those around you. If possible, move your car to a safe location out of the flow of traffic. Check to see if anyone requires emergency medical attention, and call 911 if they do.
Contact the Authorities
If you or anyone else is injured, you should call 911, but even if you do not believe you are significantly injured, you should contact the local police department. Law enforcement and possibly EMS will respond to the scene. They can ensure the safety of everyone involved, conduct an investigation, and complete a police report to document what transpired.
Exchange Information with the Other Driver
Collect the name, driver’s license, and insurance information from the other driver or drivers involved in the crash. If the police are on the scene, they will also do this. If other eyewitnesses are present, this is also a good time to get their contact information. You may need their statement or testimony later.
Document the Scene
Take photos or videos of the scene using your phone, including the damaged vehicles, their location and placement, injuries, and anything else potentially important. Note any surveillance cameras that may have captured the accident.
Post-Accident Steps
In the days, weeks, and months following a crash, there are also several steps you should take.
Seek and Continue with Medical Treatment
Whether or not you require emergency medical attention, you should always see a doctor after a car accident to ensure there are no underlying injuries or worsening of what was initially a minor injury. Importantly, you should follow your doctor’s advice and continue with all necessary medical treatment and rehabilitation.
Contact the Insurance Company
You must notify your insurance company whenever you are involved in an auto accident. They will often take a recorded statement and begin the claims process. The other driver’s insurance company may also contact you. You must be careful what you say in any communication with insurance adjusters. A seasoned attorney can guide you on what to say and what not to say.
Contact an Auto Accident Lawyer in Houston, TX
If a Houston car accident left you injured and unable to work, we strongly encourage you to consult a Houston car accident attorney. During an initial consultation, an attorney will assess your case, give you a better understanding of your legal rights and options, and advise you on the best course of action.
We recommend contacting an attorney immediately to preserve your rights and begin the claims or lawsuit process while evidence remains readily available and witness memory is fresh. You must also adhere to time limitations; otherwise, you risk losing the opportunity to pursue a claim.
Statute of Limitations in a Houston Auto Accident Case
A statute of limitations is a timeframe in which you have to initiate legal action. They exist in almost every type of case and can vary among states and types of proceedings. In Texas, you generally have two years from the date of the auto accident to file a lawsuit for damages. However, there are exceptions to this general rule that may afford you additional time or shorten the time frame you have.
For instance, the statute of limitations for a minor involved in a car wreck will be tolled or paused until their 18th birthday. This means a child age 15 may have up to five years to initiate a lawsuit. On the other hand, if the other party is a government entity, for instance, a city truck, you may have a significantly shorter period to file a claim.
An experienced auto accident attorney in Houston, TX, will help you determine your case’s applicable statute of limitations.
What Are the Most Common Types of Car Accidents?
There are many types of car accidents, all of which can range in severity. The most common types of car crashes include:
- Rear-end collisions. Rear-end collisions can occur at a low rate of speed and are often referred to as fender-benders, or they can occur at a high rate of speed when one car crashes into the back of another.
- T-bone accidents. T-bone accidents, or side-impact collisions, often happen when one vehicle runs a red light or stop sign and hits the side of another vehicle head-on. They are called T-bone accidents for the T shape the vehicles make upon collision.
- Head-on collisions. For obvious reasons, head-on collisions are some of the most serious because they involve two vehicles colliding at their front ends. Usually, this involves engine damage, airbag deployment, and serious injuries to the drivers and front passengers.
- Rollovers. Rollover accidents can happen with any vehicle, but trucks, vans, or vehicles with a high center of gravity are at a greater risk of rolling over. These accidents can be devastating, especially for passengers not wearing seatbelts.
No matter the type of accident, you may be facing substantial injuries. The kind of accident alone does not dictate the severity of the crash or injuries. For example, you can be involved in a T-bone accident and walk away with minor injuries if you were in the front driver seat and the other car collided with the back right passenger side. On the other hand, you can be involved in a T-bone accident and sustain severe permanent injuries if that other car hits you at your driver-side door. The individual circumstances will influence the severity of the crash and resulting injuries.
What Kind of Injuries Can I Sustain in a Car Accident?
While there are potentially infinite kinds of injuries you can suffer as a result of a car accident, several types of injuries we often see include:
- Whiplash—occurs when your head moves rapidly and violently back and forth due to a forceful impact and can occur in almost any type of auto accident;
- Traumatic brain injuries—these happen from the forceful impact, causing the brain to move violently in the skull, and can lead to permanent brain damage; and
- Soft tissue injuries—include bruising, sprains and strains, bursitis and tendonitis (inflammation of the joint and tendons), torn ACLs, and MCLs that can be severe and debilitating.
Other common injuries include:
- Broken bones,
- Spine and back injuries,
- Burns, and
- Cuts and lacerations.
Whether the injury is immediately apparent or much less noticeable, a doctor must evaluate it. Often, the adrenaline and shock of an accident can mask pain and injuries. It is essential for a medical professional to assess you immediately to ensure you address any manifesting injuries and adequately document your condition.
Damages You’re Owed in Car Accident Cases
As a car accident victim, you can seek damages from the liable party. There are generally three types of damage available to Texas plaintiffs.
Economic Damages
Economic damages seek to compensate auto accident victims for their calculable losses. This includes compensation for:
- Medical expenses to date,
- Anticipated medical costs,
- Lost wages,
- Lost earning capacity, and
- The cost of repair or replacement of your car.
Your economic loss will be unique to your case. Your attorney can help you estimate your anticipated economic damages based on receipts, invoices, and estimates.
Noneconomic Damages
Noneconomic damages compensate accident victims for their subjective personal losses. These include damages for:
- Pain and suffering,
- Emotional distress, and
- Loss of enjoyment of life.
Noneconomic damages can be more challenging to calculate because they are unique to the individual. For instance, the pain and suffering you experience can drastically differ from someone else’s, even under similar circumstances. Noneconomic damages can be hotly contested, so it is vital to have an aggressive advocate to negotiate on your behalf.
In rare instances, a court may award punitive damages to the plaintiff to punish the defendant for their extremely negligent behavior and to deter others from engaging in similar conduct.
Your damages will depend on the number of defendants involved, whether the defendants are individuals or commercial entities, whether you were partially at fault for the accident, and insurance policy maximums.
When Do I Need A Houston Car Accident Attorney?
A lawyer can play a pivotal role in helping you get the compensation you deserve for your injury.
Among other things, lawyers can:
- Investigate the accident,
- Help you gather evidence,
- Provide advice on the best course of action for you,
- Negotiate with the insurance companies, and
- Represent you in court if necessary.
There is no legal requirement that you hire an attorney, but we strongly encourage all accident victims to at least consult with one before deciding to proceed on their own. This is often the victims’ first encounter with the legal system, whereas we interact with the courts, insurance companies, and other attorneys daily.
Timing
No matter what stage of your claim, you can always contact an attorney for assistance. However, it is best to contact them immediately after the accident and early on. This ensures you comply with the applicable statute of limitations and allows the attorney to handle the insurance process, negotiate, conduct discovery, and more.
Complexity
Sometimes, a car accident claim is relatively simple and between two individuals driving private passenger vehicles. However, other times, it can quickly become complex if it involves multiple vehicles, commercial entities, or layers of insurance. This is where having an experienced auto accident attorney becomes critical to streamlining your way to compensation.
How Do I Choose the Right Attorney for My Case?
Auto accident and personal injury attorneys are prevalent in Harris County and the greater Houston area, so it can feel daunting to choose just one. The best place to turn in your search for a car accident lawyer is to those closest to you. Reaching out to your family and friends to see if they had a positive experience with a local personal injury attorney can be beneficial. They can also warn you to avoid an attorney or law firm they may have had a negative experience with.
In selecting an attorney, you can also:
- Check prospective attorney’s online presence for reviews and ratings,
- Contact your local or state bar association for a list of attorney referrals, and
- Schedule free consultations to understand better whether that attorney is the right fit.
You should also avoid using non-attorney services and attorneys that directly solicit your business.
Auto Accident Lawyers in Houston, TX
In 2023, Thomson Reuters selected us for its Super Lawyer List. At Kolodny Law Firm, we provide free case evaluations and are dedicated to aggressive yet compassionate representation for our clients. Contact us today to schedule a no-cost, no-obligation consultation with one of our attorneys.
Where to find our Houston office: