Need a Texas Car Wreck Lawyer After a Crash?
Serving Injured Texans from Houston to El Paso, Austin to the Rio Grande Valley
Car accidents can happen anywhere in the Lone Star State – from the busy freeways of Dallas and Houston to the rural roads outside San Antonio or the highways stretching across West Texas. No matter where an accident occurs, if you’ve been injured in a crash in Texas, you need reliable legal guidance. At Adley Law Firm, we may be based in Houston, but we proudly serve car accident victims all across Texas. Our mission is simple: to help injured Texans get fair compensation and justice after a wreck. This page is a comprehensive guide on Texas car accident claims, covering the legal process, what compensation you may be entitled to, and how our experienced attorneys can assist you, whether you’re in Austin, El Paso, the Rio Grande Valley, or anywhere in between.
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The Car Accident Claims Process in Texas
Every car accident is different, but the overall process of pursuing a claim in Texas follows a general pattern. It’s important to understand what steps are involved and how Texas laws can affect your case. Below, we break down the key stages and considerations in the Texas car accident claim process:
- Immediate Aftermath & Reporting: Right after an accident, the first steps are the same statewide: check for injuries, call 911 if needed, and if able, gather information at the scene. Texas law requires that accidents involving injury, death, or significant property damage be reported to the police. So, whether you’re on a city street in San Antonio or a country road outside Lubbock, make sure a police report is filed for serious accidents. The police report will be an important document when filing your claim. If you’re in a smaller town or rural area with no immediate police response, you can report the crash to the Texas Department of Transportation (TxDOT) afterwards. Also, notify your insurance company soon after the accident – most policies have a clause requiring prompt reporting.
- Texas At-Fault Insurance System: Texas is an “at-fault” state (also known as a tort state) for car accidents. This means that the driver who is at fault for the accident is financially responsible for the damages. Practically, this usually means their auto liability insurance will pay for the other party’s medical bills, lost wages, and vehicle repairs. All Texas drivers are required by law to carry a minimum amount of liability insurance: at least 30/60/25 coverage (which translates to $30,000 for each injured person, up to $60,000 per accident, and $25,000 for property damage). This is often referred to as “liability insurance” or “financial responsibility” coverage. If you’re hit by a negligent driver, you will typically file a claim against that driver’s insurance for your losses.
- Investigation and Fault Determination: Once a claim is filed, an investigation begins. This involves reviewing the crash report, talking to witnesses, examining vehicle damage, and looking at the scene. In major accidents, there might even be accident reconstruction experts involved (either hired by the insurance company or by your attorney) to piece together exactly how the crash occurred. Texas follows a modified comparative fault rule (the “51% rule”), which means you can still recover damages if you were partially at fault, as long as you were not more than 50% to blame. Any share of fault on your part will reduce your compensation by that percentage. For example, if you are found 20% at fault, you can recover 80% of your damages. Because of this rule, insurance companies often try to push some blame onto the victim to reduce what they have to pay. Having a strong advocate to gather evidence and argue against unwarranted fault claims is crucial.
- The Role of Personal Injury Lawyers: You have the right to hire a lawyer to represent you at any point in the claims process. In fact, doing so early can relieve a lot of stress and improve your case. A skilled Texas car accident lawyer (like those at Adley Law Firm) will take over communication with the insurance companies, help collect evidence, and ensure all legal deadlines are met. Remember, the insurance company – even your own – is not truly on your side. Their goal is to save money. Our goal is the opposite: to maximize your compensation. We handle the paperwork, negotiations, and legal strategy, so you don’t have to worry about saying the wrong thing or missing out on money you’re entitled to.
- Medical Treatment & Documentation: After a crash, always prioritize your health. Get the medical care you need and follow your doctor’s advice. As you do this, you or your attorney should also be documenting everything. Keep records of ambulance rides, ER visits, prescriptions, follow-up appointments, physical therapy, etc. In Texas, you can claim the cost of all reasonable and necessary medical treatment resulting from the accident, so these records become the foundation of your damages claim. Also, keep track of other impacts: missed work days (save pay stubs or employer notes), inability to perform certain activities, or how the injuries affect your daily life. These details can support claims for lost wages and pain and suffering.
- Negotiating with the Insurance Company: Once you’re on the path to recovery and the full extent of your damages is known, a demand for compensation can be made. Typically, your lawyer will send a demand package to the at-fault driver’s insurance company. This includes documentation of liability (why their driver is responsible) and proof of your damages (medical bills, repair estimates, evidence of lost income, etc.), and then requests a lump sum payment. The insurance company will either accept the demand, deny it, or (more commonly) respond with a lower counteroffer. This begins a negotiation process. In Texas, insurance companies must act in “good faith” when dealing with claims – they can’t just stall or ignore you. If an insurer is found to be acting in bad faith (for example, denying a valid claim without a reasonable basis), they could face additional penalties. Our attorneys will leverage Texas insurance law to make sure you’re treated fairly. Negotiations can take some time and often involve back-and-forth discussions. We keep you informed every step of the way and will advise you on whether a settlement offer is fair.
- Filing a Lawsuit (if needed): If a fair settlement can’t be reached through negotiations, the next step is to file a personal injury lawsuit against the at-fault driver (and sometimes their insurance company as a co-defendant, depending on the situation). This moves the dispute into the court system. After filing, there’s a phase called “discovery” where both sides exchange information and gather additional evidence under formal procedures. Depositions (interviews under oath) may be taken of parties and witnesses. Don’t be intimidated by this – your attorney will prepare you and handle the legal heavy lifting. The case may also go to mediation (a structured negotiation with a neutral mediator) to try one last time for settlement. If all else fails, the case will be set for trial.
- Trial and Judgment: At trial, each side presents their evidence and arguments to a jury (or a judge, in some cases). The jury will determine whether the defendant was at fault, if the plaintiff (you) was also partially at fault, and how much in damages to award. Trials can be unpredictable, and they are a lot of work, but sometimes they’re necessary to get full justice. Our legal team will meticulously prepare for trial, using evidence, expert witnesses if needed (like medical experts or accident reconstructionists), and effective advocacy to make your case. If you win, the jury might award you various categories of damages (explained in the next section). If you lose, or if either side believes a legal error occurred, there could be appeals, but that’s relatively rare in car accident cases. It’s worth noting that even during trial, settlements can occur. We’ve seen insurance companies finally offer a reasonable payout on the eve of trial or even during the trial itself, once they see the evidence coming out.
Throughout the entire process, one thing remains constant: Adley Law Firm will stand by your side. We’ve guided Texans from the Panhandle to the Gulf Coast through these steps, helping them secure the compensation they need to rebuild their lives. Next, we’ll discuss what kinds of compensation you can seek after a car accident in Texas, because understanding the value of your claim is a key part of the journey.
Compensation for Car Accident Victims in Texas
A serious accident can bring a flood of expenses and losses. Texas law allows car accident victims to recover compensation (often called “damages”) for a wide range of losses resulting from the crash. It’s important to know what you’re entitled to claim, so you don’t leave money on the table. Here are the main categories of compensation you can pursue in a Texas car accident case:
- Medical Expenses: You can claim the cost of all medical care related to your accident injuries. This includes emergency room visits, hospital bills, doctor appointments, surgery costs, medication, medical devices (crutches, braces, etc.), physical therapy, chiropractic care, and any future medical treatment you’ll need. Be sure to account for everything – even travel expenses to and from medical appointments can be included. In more severe cases, if you need long-term rehabilitation, in-home care, or modifications to your home or vehicle (for example, if you require a wheelchair), those costs should be part of your claim.
- Lost Income and Earning Capacity: If your injuries caused you to miss work, you can recover the wages you lost during your recovery. This includes salary, hourly wages, overtime, bonuses, and even used sick or vacation days. If the injuries are long-lasting or permanent and affect your ability to work in the future, you can also claim “loss of earning capacity.” For instance, if you have a disability from the accident that prevents you from returning to your previous job or limits how much you can work, we’d calculate the difference in your likely earnings and seek that amount. Texas courts recognize both past lost wages and future loss of income as compensable damages.
- Property Damage: This covers the cost to repair or replace your vehicle and any other personal property that was damaged in the accident (for example, a smashed laptop in your car, or a child’s car seat that needs replacement for safety). Typically, the at-fault driver’s property damage liability coverage (the $25,000 part of the minimum policy) is used for vehicle damage. We’ll help ensure you get a fair estimate for repairs or the actual cash value if your car is totaled. You’re also entitled to compensation for towing and storage fees, and possibly for a rental car while yours is out of commission.
- Pain and Suffering: Beyond the financial toll, accidents cause real physical pain and emotional suffering. Texas law allows recovery for these non-economic damages. Pain and suffering encompasses the physical discomfort and limitations caused by your injuries, as well as emotional distress such as anxiety, depression, trauma, or loss of enjoyment of life. These are subjective losses – you can’t put a precise price tag on them like a medical bill – but they are often a significant part of a claim, especially for severe injuries. Insurance companies often use multipliers or other methods to estimate pain and suffering, but ultimately, it comes down to what is fair given how much your life has been impacted. Our attorneys will often gather statements from you, your family, or even doctors to illustrate how the injury has affected your daily life and well-being.
- Scarring or Disfigurement: If the accident left you with noticeable scars, burns, or other disfigurements (for instance, facial scars from broken glass or surgical scars from injury treatment), you can seek additional compensation for the impact on your appearance and any related psychological effect. Texas juries can consider how an injury that alters your appearance affects your life – for example, a prominent scar might cause self-consciousness or require future cosmetic surgery.
- Disability or Physical Impairment: When an accident leads to a long-term disability or impairment (such as paralysis, amputation, or chronic pain that limits mobility), the compensation should reflect the lifelong impact. These cases often involve calculating future medical costs, accommodations, and the overall effect on your quality of life. Texas does not have a cap on pain and suffering damages in standard auto accident cases (caps exist for medical malpractice and a few other categories, but not for regular personal injury), so a jury can award what they deem appropriate for a lifelong disability caused by someone else’s negligence.
- Wrongful Death Damages (if applicable): Tragically, many crashes in Texas result in fatalities. If you lost a loved one in a car accident, you may have a wrongful death claim. The surviving spouse, children, and parents of the deceased can seek damages for their losses. This includes funeral and burial expenses, loss of the loved one’s financial support, loss of companionship, mental anguish from the death, and more. Additionally, the deceased person’s estate can potentially claim survival damages for the pain and suffering your loved one endured before passing. Adley Law Firm handles wrongful death cases with the utmost care and compassion, understanding that no amount of money can fill the void but it can help ease financial burdens and hold the responsible party accountable.
- Punitive Damages: In Texas, punitive damages (also called exemplary damages) are not awarded in most car accident cases – they’re reserved for situations where the defendant’s conduct was more than just negligent, but rather grossly negligent or malicious. For example, if a drunk driver caused the crash, or someone was racing on a public road, a jury could award punitive damages to punish that behavior and deter others. Texas law caps punitive damages in many cases (generally, $200,000 or two times the economic damages plus an equal amount of non-economic damages, up to $750,000 – whichever is greater), but those caps might not apply if the defendant was intoxicated. While punitive damages are not guaranteed and can’t be counted on, we will pursue them in egregious cases because you and the community deserve to see reckless drivers held fully accountable.
Calculating the full value of a car accident claim is a complex task that our attorneys excel at. We often work with economists or life care planners for severe injury cases to map out future costs and losses. We leave no stone unturned because we know that once you settle or get a court award, that’s your only shot at recovery – you need to get enough to cover not just your immediate bills but any future needs as well.
Insurance companies might try to downplay some of these damages. For instance, they frequently dispute pain and suffering or claim you had pre-existing conditions causing your pain. Don’t let them minimize what you’re going through. We will compile the evidence, from medical reports to personal statements, to demonstrate the real impact of the accident on your life.
In summary, Texas law provides for comprehensive compensation to make an injured person “whole” after an accident – as much as money can, anyway. Our job is to ensure you receive every dollar of compensation you are entitled to under the law. Now, let’s look at the types of accidents and injuries common in Texas, which often influence how we handle each case.
Common Types of Car Accidents in Texas
Texas is a huge state with varied driving conditions, from urban city streets to long rural highways. As a result, we see a broad spectrum of car accident types across the state. Understanding these common accident scenarios can shed light on how and why crashes happen – and how our firm approaches each case. Here are some prevalent types of car accidents Texas drivers face:
- Rear-End Accidents: These are the most common type of collision statewide. They often happen in traffic when one driver stops suddenly and the driver behind them isn’t paying attention or is following too closely. In cities like Dallas or Houston, stop-and-go rush hour traffic contributes to many rear-enders. Typically, the trailing vehicle is found at fault for not maintaining a safe distance. Injuries like whiplash are frequent in rear-end crashes.
- T-Bone Collisions: Also known as side-impact or broadside collisions, these occur often at intersections when one vehicle crashes head-on into the side of another. This could be due to someone running a red light or stop sign, or misjudging a turn across oncoming traffic. For example, a driver in Austin might run a red light on Congress Avenue and hit a crossing car, causing a T-bone crash. These accidents can be severe, as the sides of cars have less protection. Determining fault may involve examining traffic signal timing and witness testimony about who had right-of-way.
- Head-On Collisions: Though less common, head-on crashes are among the deadliest. They often occur on two-lane highways or rural roads when a driver crosses the center line or goes the wrong way. West Texas and rural East Texas see tragic head-on collisions, sometimes due to fatigued or intoxicated drivers drifting out of their lane. The combined speed of two vehicles hitting head-on leads to very high impact forces, often causing catastrophic injuries or fatalities.
- Multi-Vehicle Pileups: These accidents involve three or more vehicles and are common on busy highways and interstates, especially during bad weather or heavy traffic. One chain-reaction wreck can easily involve a dozen cars on a busy freeway in an urban area. For instance, a sudden dust storm in West Texas or a blinding rain in the Hill Country can trigger multi-car pileups because drivers lose visibility and can’t stop in time. Assigning fault in multi-vehicle accidents can be complicated, as there may be multiple contributing factors and negligent parties. Our firm is experienced in untangling these scenarios, often using accident reconstruction experts to analyze the sequence of impacts.
- Rollover Accidents: Rollovers can happen to any vehicle, but tall, narrow vehicles like SUVs and pickup trucks are more prone to rolling, especially if the crash involves a sharp turn or a tripping mechanism (like hitting a curb or soft shoulder). High speeds or evasive maneuvers can cause rollovers. Texas, with its many rural roads, sees rollovers when drivers overcorrect or swerve to avoid animals or debris. These accidents are dangerous because occupants can be thrown around inside the vehicle or ejected if not wearing seatbelts. Rollover cases sometimes involve product liability claims too if a vehicle’s design (like a weak roof that crushes) worsened the injuries.
- Drunk Driving Crashes: Despite strict DWI laws, drunk driving remains a serious problem in Texas. Alcohol-related accidents often occur at night and in the early morning hours, especially on weekends. Sadly, Texas consistently has a high number of fatalities caused by intoxicated drivers. These accidents can involve any of the types above, but what sets them apart legally is the potential for punitive damages and even criminal charges against the at-fault driver. As injury attorneys, when we handle a drunk driving accident case, we gather evidence of the driver’s intoxication (police reports, breathalyzer results, bar receipts) to strengthen the civil case and to potentially seek exemplary damages for the victim.
- Distracted Driving Accidents: With smartphones and in-car tech, distracted driving has become one of the leading causes of crashes. Whether it’s texting, using a GPS, or even eating, a momentary distraction can lead to a devastating accident. These accidents vary in form — could be a rear-ender, could be a drift-out-of-lane sideswipe, etc. Texas law bans texting while driving statewide, but despite that, many drivers still do it. When we suspect a crash was caused by distraction, we may seek the at-fault driver’s phone records during the legal process to see if they were using it at the time of the accident.
- Weather-Related Crashes: Texas weather can be extreme. Heavy rains can cause hydroplaning and flooding on roads (especially in Houston and the Gulf Coast). Ice storms occasionally hit North Texas, causing very slick highways. Fog in the early mornings or dust storms in West Texas can reduce visibility to near zero. While you can’t sue Mother Nature, drivers are expected to adjust to conditions. Many weather-related accidents still involve negligence — like driving too fast for conditions or not maintaining tires properly, leading to longer stopping distance. Pileups in fog or on icy interstates are examples where multiple drivers might share fault for not slowing down.
- Hit-and-Run Incidents: Hit-and-run isn’t a type of collision, but it’s a scenario we encounter statewide. A driver causes an accident and then flees. This can leave victims in a tough spot (as discussed earlier). Texas law imposes criminal penalties for hit-and-run drivers, and from a civil perspective, if the driver is caught, fleeing the scene is strong evidence of negligent behavior (and possibly grounds for punitive damages). If not caught, victims must claim through their own insurance (UM coverage). We work with law enforcement and use any available evidence to try to identify hit-and-run drivers so they can be held accountable.
Each accident type has its nuances. At Adley Law Firm, our attorneys have a deep understanding of Texas traffic laws and experience with virtually every accident scenario. This means we can quickly identify what evidence is needed and what challenges might arise. For example, in a rear-end collision, the main challenge might be dealing with a claim that you slammed your brakes. In a multi-car pileup, the challenge is sorting out who hit you and who is responsible. In a drunk driving case, part of our role might include working with prosecutors or understanding the timeline of the driver’s night out.
The bottom line: no matter how your accident happened, if someone else’s negligence contributed to it, we know how to build a strong case on your behalf. Texas roads can be dangerous, but Texas law is on the side of those wrongfully injured. Our job is to use the law and our skills to make things right for you.
Car Accident Injuries in Texas
Car accidents in Texas range from minor bumps to catastrophic crashes, and the injuries resulting from them cover an equally broad spectrum. As personal injury lawyers, we see firsthand how even a seemingly minor accident can cause serious health issues. Here’s an overview of common injuries from car accidents and some insight into their implications:
- Whiplash and Soft Tissue Injuries: Whiplash is a very common injury, especially in rear-end collisions. It’s a strain/sprain of the neck caused by the rapid back-and-forth motion of the head. Symptoms might include neck pain, stiffness, headaches, and dizziness. Soft tissue injuries can also affect the back (sprains of ligaments, strains of muscles) and can be quite painful. One challenge is that these injuries may not show up on X-rays or MRIs, but they are real and can take weeks or months to heal. Insurance companies sometimes dismiss whiplash as minor, but anyone who’s had it knows it can seriously affect your daily life. We work to validate these injuries through medical records and, if needed, expert testimony.
- Broken Bones: Fractures are common in high-impact crashes. Texas trauma hospitals treat countless broken legs, arms, noses, ribs, and more from car wrecks. A bad fracture might require surgical fixation (with pins, plates, or screws) and extensive rehab. Even after healing, some people experience chronic pain or reduced mobility. If you suffer a fracture, we make sure to include not just the immediate treatment costs but also any physical therapy and the possibility of future arthritis or complications when seeking compensation.
- Head Injuries and Traumatic Brain Injuries (TBI): Concussions can result from any significant blow or jolt to the head, even if you don’t directly hit the dashboard or window (the sudden deceleration can make the brain hit the inside of the skull). More severe TBIs can occur in major crashes, leading to symptoms like memory loss, cognitive impairment, mood changes, or in extreme cases, coma. TBI cases require careful handling – sometimes the injured person doesn’t realize how affected they are, but loved ones notice changes in behavior or abilities. We often work with neurologists and neuropsychologists to document brain injuries. Even a “mild” concussion is a brain injury and should be taken seriously.
- Spinal Cord Injuries and Paralysis: The spine is vulnerable in violent accidents, especially rollovers or head-ons. A spinal cord injury can cause partial or complete paralysis (paraplegia or quadriplegia) depending on where the spine is injured. These injuries are life-altering. Victims may require wheelchairs, home modifications (ramps, accessible bathrooms), personal caregivers, and costly medical equipment. The lifetime costs of paralysis can be in the millions of dollars. In Texas, if someone’s negligence causes such a devastating injury, we fight to secure a settlement or verdict that accounts for a lifetime of medical care, assistive devices, and the profound impact on quality of life.
- Internal Injuries: Car crashes can cause internal trauma such as organ injuries or internal bleeding. For example, the force from a seatbelt can injure abdominal organs (which is still better than the alternative of not wearing one!). Common internal injuries include bruising or laceration to the spleen, liver, kidneys, or lungs (a punctured lung can happen with a broken rib). These injuries might require emergency surgery and can be life-threatening. They’re often initially identified by symptoms like abdominal pain or by CT scans at the ER. We include any internal injuries and their treatment (like surgeries or hospital stays in ICU) in the claim. It’s also important to consider if an internal organ injury could have long-term health effects; for instance, someone who had a spleen removed will be more vulnerable to infections for the rest of their life.
- Psychological Injuries: The psychological fallout from a bad accident can be significant. Victims may experience PTSD – symptoms like flashbacks, nightmares, avoiding driving or the crash site, heightened anxiety, or feeling on edge. Depression can also occur, especially if the injuries limit one’s activities or cause chronic pain. In Texas, mental anguish is a compensable damage. We sometimes encourage clients to see a therapist or counselor, both for their well-being and to document these issues. Not only is mental health care important for recovery, but records from those sessions can demonstrate the emotional toll of the accident. Families of victims can also suffer emotional distress, especially in wrongful death cases or when caring for a severely injured loved one.
- Cuts, Lacerations, and Burns: Glass shards, torn metal, or deployed airbags can cause cuts and lacerations. In severe crashes, fires or explosions (though rare) can cause burns. Scarring from deep cuts or burns can be permanent and may require plastic surgery. Even without fire, friction burns (from seatbelts or airbag deployment) are possible. Scarring is not just cosmetic; it can affect someone’s self-esteem and serve as a constant reminder of the trauma. We pursue compensation for disfigurement in such cases, as Texas law permits.
- Joint Injuries: The knees, shoulders, and other joints often take a hit in accidents. Knees can be injured by striking the dashboard (leading to ligament tears like ACL injury or meniscus tears). Shoulders might suffer from the seatbelt locking during impact (causing rotator cuff tears or fractures to the clavicle). These injuries can limit your range of motion and might need surgery or injections. They’re also the kind of injuries that can seem minor at first but linger and impede activities like sports, exercise, or even routine chores.
It’s crucial to get a thorough medical evaluation after an accident. In Texas, as in any state, the documentation of your injury is key to your case. If you wait too long to see a doctor or skip follow-ups, an insurance adjuster might argue that you weren’t really hurt or that you made your injuries worse by not following medical advice. So always attend all appointments and be sure to communicate all your symptoms to healthcare providers so they’re noted in your records.
Adley Law Firm takes a comprehensive approach to documenting and proving your injuries. We’ll obtain all medical records and, if needed, consult with medical experts who can provide opinions on the cause, extent, and future outlook of your injuries. Our goal is to understand exactly what you’re going through so we can convey that to the insurance company or a jury. Whether you broke a bone or suffered a life-changing spinal injury, we treat your case with the utmost dedication and care, fighting for a result that addresses both your current and future needs.
Why Choose Adley Law Firm for a Texas Car Accident Case?
With so many personal injury lawyers advertising across Texas, you might be wondering what sets Adley Law Firm apart. We believe it comes down to our experience, our commitment to clients, and our proven results. Here’s why accident victims from Houston to Dallas to McAllen have trusted us with their car accident cases:
- Decades of Experience: Our firm has been handling car accident and personal injury cases for over 30 years. We’ve seen it all – from straightforward rear-end accidents to complex multi-vehicle highway disasters. This depth of experience means we know how to quickly identify the key issues in your case and the best strategies to get results. We stay up-to-date on the latest Texas traffic laws, insurance regulations, and legal precedents so that we can leverage them for your benefit.
- Statewide Representation: While our home base is Houston, we serve clients all over Texas. We are familiar with courts and procedures in many Texas jurisdictions. Whether your accident happened in a major city like Austin or San Antonio, in a suburb like Plano or Sugar Land, or in a rural area out in West Texas, we can represent you. We’re willing to travel to you if needed, or we can handle many aspects of the case remotely – whatever is most convenient. We also have a network of local counsel and resources across the state if a case requires a local touch. Our goal is to make top-notch legal help accessible to any Texan, no matter where you are.
- Client-Centered Approach: At Adley Law Firm, you’re not just another case number. We truly care about our clients. We listen to your story, understand your needs and goals, and tailor our approach accordingly. Some clients want to be very involved and updated frequently; others prefer to let us handle everything and update them at key points – we accommodate your preferences. We also make sure you fully understand what’s happening in your case. Legal jargon can be confusing, so we explain things in everyday language. Our attorneys and support staff are known for being friendly and compassionate. We treat our clients the way we’d want our own family members to be treated.
- Resources to Fight Big Insurance Companies: Taking on large insurance companies (or corporations in the case of commercial vehicle accidents) is no small task. These companies have vast resources and teams of lawyers. But so do we. Our firm has the financial and legal resources to go toe-to-toe with the biggest players. We can hire expert witnesses, conduct thorough investigations, and if we have to take a case to trial, we don’t shy away from the costs or effort involved. Insurance companies in Texas know which law firms are willing to push a case to the limit and which will settle cheap and early. We’ve built a reputation as fighters who won’t settle for less than our clients deserve – and that reputation can often lead to better settlements, because insurers know we mean business.
- Track Record of Success: We have helped recover millions of dollars for accident victims throughout Texas. While every case is unique (and we can’t guarantee specific results), our past successes demonstrate our ability to get significant compensation. From six-figure settlements covering surgeries and lost wages to multi-million dollar recoveries for catastrophic injury and wrongful death cases, we know what it takes to win. We’re happy to share examples of past cases in your consultation, so you can see the types of results we’ve achieved for situations similar to yours.
- Contingency Fee – No Upfront Costs: We believe everyone should have access to quality legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis. It’s simple: you pay nothing upfront or out-of-pocket. We only get paid if we win money for you. Our fee is a percentage of the settlement or judgment, agreed upon in advance. This aligns our interests with yours – we’re motivated to get you the most money possible, as efficiently as possible. Plus, you can hire us without any financial risk. If the outcome is not in your favor, you owe us nothing for our time and efforts.
- Bilingual Support – Hablamos Español: Texas is a diverse state, and we are proud to serve the Spanish-speaking community. Our team includes fluent Spanish speakers, and we can fully handle cases in Spanish. If you or your loved ones are more comfortable discussing the case in español, that’s absolutely fine. We’ll make sure language is never a barrier to you receiving the help you need. Todos merecen justicia, y estamos aquí para ayudar a la comunidad hispana con consultas gratuitas y servicios legales de alta calidad.
- Comprehensive Service: A car accident affects many parts of your life, and our assistance goes beyond just filing papers. We can help you find doctors if you’re not sure where to go for treatment (including doctors who might defer billing you until the case is resolved). We can assist with getting your car repaired or replaced by coordinating with insurance for property damage claims. We’ll also advise you on important steps to take (or avoid) while your case is pending – for instance, things like not posting details about your accident or injuries on social media (insurance companies do check!). Think of us as your allies and advocates in all aspects related to the accident.
Our ultimate goal is to make the process as smooth as possible for you, while aggressively pursuing the best possible outcome. We know an accident can throw your life into chaos – you might be dealing with pain, without a vehicle, and unable to work, all while worrying about bills. Let us shoulder the legal burdens. From the moment you hire Adley Law Firm, we take over the fight so you can concentrate on healing and getting your life back on track.
If you’re ready to discuss your case or just want to learn more about your rights and options, we encourage you to reach out for a free consultation. We’ll give you an honest assessment and next steps, and you’ll see firsthand the dedication and expertise we bring to the table.
Contact Adley Law Firm today for a free consultation with a Texas car accident lawyer. Wherever you are in Texas, we’re here to help you seek justice and compensation.
Texas Car Accident FAQs
Below are answers to some frequently asked questions about car accident claims in Texas. This information is meant to provide general guidance. For advice tailored to your specific situation, please contact us for a free consultation.
- Q: Is Texas a no-fault state for car accidents?
- A: No, Texas is not a no-fault state. Texas operates under an at-fault system (tort system) for auto accidents. This means the driver who is at fault for the accident is responsible for the damages. In a no-fault state (like Florida or Michigan), each driver’s own insurance pays for their injuries regardless of who caused the crash, and there are limitations on suing the other driver. That is not the case in Texas. Here, if someone else causes an accident and you’re injured, you have the right to file a claim against that driver’s insurance for all your damages (medical bills, lost wages, pain and suffering, etc.). You also can take the at-fault driver to court if the insurance company doesn’t pay a fair amount. The at-fault system generally allows for more complete recovery for the injured party, but it also means you have to prove the other driver was at fault. That’s why gathering evidence and possibly having legal representation is important – to clearly establish liability on the part of the other driver. Do keep in mind, Texas drivers are required to carry personal injury protection (PIP) coverage at minimum $2,500 (unless they reject it in writing), which can pay out to you regardless of fault for initial medical expenses, but beyond that, the at-fault driver is on the hook.
- Q: How long do I have to file an insurance claim or lawsuit after a car accident in Texas?
- A: While you should report the accident to insurance as soon as possible (generally within days), the legal deadline to file a lawsuit for a car accident in Texas is usually two years from the date of the accident. This two-year statute of limitations applies to both personal injury and property damage claims (and to wrongful death, it’s two years from the date of death, which might be later than the accident for severe injury cases). If you try to file a lawsuit after the two-year period, the court will likely dismiss your case, and you’ll lose the right to pursue compensation through the courts. There are very few exceptions to this rule. One example is if the injured person was a minor: the two-year clock typically doesn’t start until their 18th birthday. Another example might be if the at-fault party left the state for a period of time after the accident, the clock might pause (toll) during their absence. But these are special cases. For the vast majority of accidents, you need to take action within two years. It’s also worth noting that while insurance claims themselves don’t have a strict statute (since it’s a contractual matter), practically speaking if you wait that long, the insurer will also refuse to pay. It’s best to start the claim process as early as you can and certainly to speak with a lawyer well before the deadline so you don’t accidentally miss it.
- Q: The insurance company is offering me a settlement. Should I accept it?
- A: Be very cautious about accepting any settlement from an insurance company without fully understanding your rights and the value of your case. Early settlement offers are often “lowball” offers. Insurance companies know you might be in a tough spot – your car might be wrecked, you have medical bills piling up, you might be missing work – so they sometimes dangle a quick payment hoping you’ll take it and save them money. However, that early offer might not account for all your damages, especially future ones. Ask yourself: Have I completed all medical treatment? Do I know if I’ll have any long-term effects or need future procedures? Have I documented all my lost income? Does the offer include something for my pain and suffering? If the answer to any of these is no, you probably shouldn’t settle yet. Once you sign a release and accept a settlement, you generally cannot go back and ask for more. Many accident victims make the mistake of settling too soon and later regretting it when they realize their injuries were more serious than initially thought. It’s usually a good idea to consult with a car accident lawyer before accepting a settlement. A lawyer can evaluate whether the offer is fair. At Adley Law Firm, we often find we can negotiate for a much higher amount, even after the insurance’s “final” offer, because we know how to build leverage. Remember, the first offer is just a starting point. You don’t have to accept it if it doesn’t adequately compensate you.
- Q: What if I was partly at fault for the accident? Can I still recover damages?
- A: In Texas, you can still recover damages as long as you were not more than 50% at fault for the accident. This is Texas’s modified comparative negligence rule (also called the 51% bar rule). If you are 51% or more responsible, you cannot recover anything from the other party. If you are 50% or less at fault, you can recover, but your compensation will be reduced by your percentage of fault. For example, if you are found 25% at fault and the total damages are $100,000, your recovery would be reduced by 25% (so you would receive $75,000). In practice, determining fault percentages can be contentious. Insurance companies might claim you were partially to blame to reduce what they have to pay. Common scenarios include arguing that you were speeding, not paying full attention, or in the wrong lane. Don’t take their word for it. Texas is a proportionate responsibility state, and ultimately a jury would decide the percentages if it went to trial. We often push back on any unfair fault allocations. We gather evidence to show exactly how the accident happened and aim to put as much fault as possible on the other party. Even if you suspect you were a bit at fault, don’t assume you can’t recover anything. Let an attorney analyze it – you might still have a valid claim. And if you were for instance 30% at fault, getting 70% of your damages covered is still a lot better than nothing. We will fight to minimize any blame on you and maximize what you recover.
- Q: What should I do if the other driver’s insurance company calls me?
- A: If the at-fault driver’s insurance company contacts you, be very careful about what you say. It’s usually best not to give a recorded statement or discuss detailed aspects of the accident without first speaking to a lawyer. You can be polite and get their contact information, but you’re not obligated to speak with them at that moment. The adjuster may seem friendly and concerned, but remember, their goal is often to get information that could reduce their liability. They might ask questions in a way to get you to admit some fault or downplay your injuries (like “How are you feeling? Doing okay?” – many people instinctively say “I’m fine, thanks,” which later they’ll use to suggest you weren’t hurt). It’s often safer to let your attorney handle all communications with the other driver’s insurer. If you don’t have a lawyer yet and you do speak with them, stick to the basic facts: when and where it happened, the vehicles involved. Do not volunteer opinions or details about injuries or fault. You can tell them the matter is under investigation or that you’re getting medical treatment and will share more when ready. If you’ve already hired Adley Law Firm, you can simply inform them of that and provide our contact info. We’ll take it from there. Bottom line: You won’t win your case in a phone call with an adjuster, but you could inadvertently say something to weaken it, so it’s best to be cautious or let an experienced attorney speak for you.
- Q: Can I still get compensation if I wasn’t wearing a seatbelt?
- A: Not wearing a seatbelt is against the law in Texas and it’s certainly dangerous, but it does not automatically prevent you from recovering compensation. However, it can complicate your case. Texas follows a doctrine sometimes called the “seatbelt defense.” In the past, evidence of seatbelt non-use was not admissible in civil cases, but that changed a few years ago. Now, the defense can argue that your failure to wear a seatbelt contributed to the severity of your injuries. Essentially, they might claim that some of your injuries wouldn’t have occurred (or wouldn’t be as bad) if you had been buckled up, and therefore they shouldn’t have to pay for the portion of injuries attributable to you not wearing a seatbelt. This becomes a battle of expert witnesses – engineers and biomechanical experts might be brought in to discuss what injuries would have happened with or without a seatbelt. If you weren’t wearing a seatbelt, expect the insurance company to bring it up. But you can still pursue a claim. You’d likely need a skilled attorney to counter that argument effectively. We would work to show, for example, that the crash was so violent the injuries would have occurred regardless, or focus on the fact that the crash itself was entirely the other driver’s fault and Texas law on comparative fault should still allow recovery. While not wearing a seatbelt might reduce the amount you can recover for certain injuries (if they successfully prove it made a difference), it doesn’t bar you from recovery as long as the accident was mostly the other driver’s fault.
We hope these FAQs help answer some of your questions. Every case has unique aspects, so don’t hesitate to reach out to Adley Law Firm for personalized guidance. Our knowledgeable team is ready to assist Texans statewide, and we offer free consultations to evaluate your case and discuss your options.