Houston Car Accident Lawyer

Texas is an at-fault state: the driver who caused the collision (and that driver's insurer) is responsible for the harm it caused. To recover, you must show the other driver was negligent — that they failed to use reasonable care behind the wheel. Common examples we see in Houston include speeding, following too closely, distracted driving and texting, running red lights on feeder roads, unsafe lane changes, and driving while intoxicated.

Texas applies modified comparative fault (Tex. Civ. Prac. & Rem. Code § 33.001), sometimes called the 51% bar. Your recovery is reduced by your percentage of fault, and if you are found more than 50% responsible, you recover nothing. Insurance companies know this rule well — it is why adjusters push crash victims to accept blame in recorded statements. What you say in the first days after a wreck can decide the value of your claim, which is why we recommend speaking with an attorney before giving any statement.

In most cases, Texas law gives you two years from the date of the crash to file a personal injury lawsuit (Tex. Civ. Prac. & Rem. Code § 16.003). Miss the deadline and the claim is almost always lost — no matter how strong it was. Shorter notice deadlines can apply when a government vehicle or road defect is involved, sometimes as short as a few months.

Two years sounds like plenty of time, but evidence does not wait: skid marks fade, intersection cameras overwrite footage, vehicles are repaired or scrapped, and witnesses move. The earlier an investigation starts, the stronger your claim. (This page is general information, not legal advice about your specific deadline.)

Texas law allows crash victims to pursue two broad categories of damages. Economic damages repay measurable losses: emergency care, surgery, physical therapy, future medical needs, lost wages, diminished earning capacity, and vehicle repair or replacement. Non-economic damages compensate what has no receipt: physical pain, mental anguish, disfigurement, and the loss of activities that made your life yours.

In cases involving gross negligence — a drunk driver, for example — Texas juries may also award exemplary (punitive) damages to punish the conduct (Tex. Civ. Prac. & Rem. Code Ch. 41). Every case is different: the value of yours depends on your injuries, your medical course, and how clearly fault can be proven. Be skeptical of anyone who quotes a number before reviewing your records.

The other driver's insurer is not on your side; its adjusters are trained to close claims cheaply. Familiar tactics include quick lowball offers before the full extent of your injuries is known, requests for blanket medical authorizations to dig through your history, disputing treatment as "unnecessary," and using gaps in care against you.

When RK LAW represents you, all communication runs through us. We assemble the evidence — the crash report, scene photos, vehicle data, medical records, and where needed, accident-reconstruction and medical experts — and present a documented demand. If the insurer will not pay what the claim is worth, we file suit and prepare the case for trial.

One more coverage note: Texas requires only $30,000 per person in liability coverage, and many Houston drivers carry none at all. Your own uninsured/underinsured motorist (UM/UIM) coverage and personal injury protection (PIP) can be critical, and Texas insurers must offer both unless you rejected them in writing. We review every available policy in every case.

If you are able: call 911 and get the police report number; photograph the vehicles, the scene, and your visible injuries; collect names and phone numbers of witnesses; seek medical care the same day, even if you feel "just shaken up" — adrenaline masks injuries, and delayed care is the insurer's favorite argument; and do not give a recorded statement or sign anything from the other driver's insurer before speaking to a lawyer.

Then contact us. The consultation is free, we are available 24/7, and if we take your case you pay nothing unless we recover for you.