Montgomery County Car Accident Attorney
Filing an Auto Accident Claim in Texas
If you were recently involved in a serious car accident, you’re likely facing several new, unexpected challenges. From obtaining proper medical attention and care to taking time off work to heal to managing daily expenses and chronic pain associated with your injuries, the aftermath of an automobile accident can be overwhelming.
At Scott Law Firm, we proudly represent injured individuals throughout the Greater Houston Area in all types of car accident claims. Our award-winning team is here to answer your questions and guide you through the legal process of recovering the rightful compensation you are owed. We know that the idea of hiring an attorney can be daunting, but we assure you that we will do everything in our power to ease some of the stress you are under and work to maximize your recovery. There are no out-of-pocket expenses when you work with Scott Law Firm; instead, we only collect attorneys’ fees if and when we win your case.
What Are the Most Common Causes of Car Accidents?
The vast majority of car accidents are completely preventable. All too often, crashes occur because other drivers on the road are not paying attention, are driving recklessly, or are even breaking the law.
Some of the most common causes of car accidents include:
- Distracted driving
- Drunk driving
- Aggressive driving
- Fatigued driving
- Failing to yield the right-of-way
- Unsafe/unlawful merging
- Driver inexperience
- Dangerous passing
- Unsafe or illegal turns
- Traffic violations
While driver error and negligence are leading factors in numerous auto accidents, additional factors often play a key role in serious collisions. For example, a defectively designed roadway could cause an accident if a curve is too sharp for the posted speed limit. Or a defective car tire could blow out on the highway, causing the driver to lose control and slam into another vehicle. In such cases, a third party other than another driver could be legally liable for the injured victims’ injuries.
What Is Shared Fault & Why Does It Matter?
Shared fault is the idea that, in many accident cases, multiple parties share some percentage of the blame. For example, if you were involved in an accident with someone who was texting while driving, but you were speeding 5 miles per hour over the posted speed limit, both you and the other driver likely share some degree of fault.
This is important because Texas is what is known as a “fault state.” This means that, after an accident, you typically seek compensation from the at-fault driver’s insurance provider (as opposed to your own, which is generally the case in “no-fault states”). Therefore, to file a personal injury claim, you have to prove that someone else was at fault.
But in cases involving shared fault, are you still able to seek compensation? If you were partially at fault for the accident, can you still file a claim against the other driver’s insurance company and recover for your losses?
In short, yes. Texas follows a rule of modified comparative negligence, meaning partial fault for an accident does not bar you from bringing a claim. However, there are certain caveats you should know about.
Under Texas’s modified comparative negligence rule:
- You can only file an injury claim if you are found to be less than 51% at fault for the accident
- Your total recovery will be reduced by your at-fault percentage
- If you are 51% or more at fault, you cannot recover compensation for your damages
In most cases, the insurance company or a jury will determine your at-fault percentage. If you disagree with the insurance company’s assessment, you have the option of taking your case to trial, as insurance providers will often use the issue of fault as a way to deny your claim.
How Scott Law Firm Can Help
If you were injured in a car crash, your focus should be on getting proper medical treatment and healing, not on negotiating with the insurance company and fighting for fair compensation for your damages. Instead, leave the legal aspects of your situation to our Montgomery County car accident attorneys.
Our experienced and award-winning team has a proven track record of success in even the most complex of motor vehicle accident cases. Whether you were involved in an accident with another passenger vehicle, a large commercial truck, a motorcyclist, or even a pedestrian or bicyclist, our team is ready to fight for you and your rights.
We offer legal services in English, Spanish, and Korean and can travel to meet you at the hospital or in your home if necessary. We also offer phone consultations for your convenience and are available to discuss your case on weekends and outside of normal work hours upon request.
Get in touch with us today at (936) 243-4299 to get started with a no-cost, no-obligation consultation.
“From the initial call inquiry to meeting Patrick and Krystal in the office, to the settlement negotiations, everything was handled with the utmost professionalism.”- Jeremy R.
“I was very pleased with the settlement I received because of their service, but what really impressed me the most was the way they genuinely cared about me.”- Kim R.
“Patrick is professional and down to earth, he is great at easing your nerves during the process and goes out of his way to make sure your case is taken care of.”- Katie E.