Montgomery County Car Accident Attorney

Filing an Auto Accident Claim in Texas

If you were recently involved in a serious car accident in Montgomery County, TX, 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.

To learn more, please give us a call at (936) 243-4299 or contact us online to request a free, no-obligation consultation with one of our Montgomery County car accident lawyers. 

Texas Car Accident Laws You Need to Know

Texas follows specific legal doctrines that will directly impact your ability to recover damages.

Modified Comparative Negligence (The 51% Rule)

Texas utilizes a "proportionate responsibility" system. Under Texas Civil Practice and Remedies Code § 33.001, you can recover damages as long as you are not more than 50% at fault. However, your compensation will be reduced by your percentage of blame. For example, if you are awarded $100,000 but found 20% at fault, you would receive $80,000. If you are found 51% or more at fault, you are legally barred from recovering anything.

Statute of Limitations

In most cases, you have two years from the date of the accident to file a personal injury lawsuit in Texas. Missing this deadline almost certainly means losing your right to seek compensation forever.

At-Fault State

Texas is an "at-fault" state. This means the person who caused the accident is financially responsible for the damages. You typically seek recovery through the at-fault driver’s liability insurance or a personal injury lawsuit.

Where Do Crashes Occur in Montgomery County?

Montgomery County is one of the fastest-growing areas in Texas, leading to increased congestion and more frequent accidents. High-risk areas often include:

• Interstate 45 (I-45): The main artery through Conroe and The Woodlands sees heavy commuter and commercial truck traffic.
• State Highway 105: A major east-west route known for high-speed traffic and frequent intersection collisions.
• The Grand Parkway (99): As traffic increases on this outer loop, high-speed merging accidents have become more common.
• Local Intersections in Conroe: Areas near North Frazier Street and West Davis Street frequently see "fender benders" and side-impact crashes due to heavy local traffic.

How Many Car Accidents Happen Each Year?

According to the Texas Department of Transportation, Montgomery County saw nearly 11,000 car crashes in 2022. Based on data from reported car accidents in Texas:

• A person was killed in a car wreck every 2 hours
• A person was injured after an auto accident every 2 minutes

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:

• Speeding
• 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.

Additionally, 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.

Common Types of Injuries

Our team sees a wide spectrum of injuries resulting from auto collisions. No matter the severity, you deserve compensation.

Here are some of the common injuries:

• Soft Tissue Injuries: Whiplash, sprains, and muscle tears are common in rear-end collisions. While they don't always show up on an X-ray, the chronic pain can be debilitating.
• Traumatic Brain Injuries (TBIs): From concussions to permanent cognitive impairment, head injuries require specialized neurological care and long-term support.
• Spinal Cord Injuries: These can range from herniated discs requiring surgery to permanent paralysis.
• Internal Organ Damage: High-impact crashes can cause internal bleeding that may not be immediately apparent, highlighting the need for urgent medical evaluation.

What to Do After a Car Accident in TX

The steps you take in the minutes and days following a crash are critical for your health and your eventual legal claim.

1. Call 911: Ensure a police officer arrives to create an official crash report. This is vital evidence.
2. Seek Medical Attention: Even if you feel "fine," adrenaline can mask serious injuries like whiplash or internal bleeding. See a doctor immediately.
3. Document the Scene: Take photos of vehicle damage, road conditions, skid marks, and any visible injuries.
4. Exchange Information: Get names, phone numbers, and insurance details from all drivers involved. Do not apologize or admit fault.
5. Gather Witness Info: If anyone stopped to help, get their contact information.
6. Contact Scott Law Firm: Before speaking to an insurance adjuster, consult with a Montgomery County car accident lawyer to protect your rights.

FAQs About Car Accident Claims in Montgomery County, TX

What should I do immediately after a car accident in Montgomery County?

Ensure everyone's safety, call 911, report the accident to the police, seek medical attention, and gather contact and insurance information from all involved parties. It's also a good idea to take photos of the accident scene and contact a local car accident attorney.

Do I need to report a car accident to the police in Montgomery County?

Yes. Texas law requires that you report any car accident that results in injury, death, or property damage over $1,000. The Montgomery County Sheriff’s Office or local police department can respond to your crash.

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

In Texas, the statute of limitations for filing a personal injury claim after a car accident is two years from the date of the accident.

What if the other driver doesn’t have insurance?

If the at-fault driver is uninsured or underinsured, you may be able to recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage, if you have it.

What damages can I recover in a Montgomery County car accident claim?

You may be entitled to compensation for medical bills, lost wages, property damage, pain and suffering, and future medical expenses. In some cases, punitive damages may apply.

How do I get a copy of my car accident report in Montgomery County?

You can request a crash report from the Texas Department of Transportation (TxDOT) online or contact the local law enforcement agency that responded to your crash.

Should I speak with the insurance company before talking to a lawyer?

It’s generally recommended to speak with a car accident lawyer first. Insurance companies often try to minimize payouts, and an attorney can help protect your rights and negotiate on your behalf.

Can I still recover damages if I wasn’t wearing a seatbelt?

Possibly. Not wearing a seatbelt may reduce your compensation under Texas's comparative fault rules, but it does not automatically bar you from recovering damages.

How much does it cost to hire a car accident lawyer?

Our Montgomery County car accident attorneys at Scott Law Firm work on a contingency fee basis, meaning we only get paid if you win your case or receive a settlement.

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 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 and Spanish 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.