Hit by a Car in Houston? Here’s What to Do Now

If you were hit by a car in Houston or anywhere in Texas, the Adley Law Firm can help

Call today for a free consultation to discuss your claim and legal options.

Being hit by a car is a life-changing experience that can leave you with serious injuries, emotional trauma, and mounting medical bills. Common injuries from car-versus-person accidents include broken bones, head and brain injuries, spinal cord damage, and severe cuts or bruises. Whether you were a pedestrian hit while walking, a cyclist sharing the road, a passenger in a vehicle, or even another driver, it’s crucial to take the right steps afterward and understand your legal options to protect your rights. The aftermath can be overwhelming, but you don’t have to face it alone.

The Adley Law Firm is a Houston-based personal injury law firm here to guide you through this difficult time. We have decades of experience helping accident victims across Texas, and our team will fight to secure the compensation you deserve for medical expenses, lost wages, pain and suffering, and other damages. We offer free consultations and work on a contingency fee basis – which means you pay nothing unless we win your case. Our team is also fully bilingual, so you can receive help in English or Spanish, whichever you’re most comfortable with.

Contact the Adley Law Firm today for a free consultation, and let us advocate for you while you focus on your recovery.

Immediate Steps to Take After Being Hit by a Car in Houston

For anyone struck by a vehicle, the moments immediately after the accident are critical. Taking the proper actions can protect your well-being and strengthen any future injury claim. Here are the immediate steps you should follow:

1. Ensure Your Safety and Call for Help

Your first priority is your safety. If you are in the road or at risk of further injury (for example, still in traffic), move to a safe location out of the way of oncoming vehicles, if you are able to do so. However, if you or anyone else is seriously injured, do not attempt to move – wait for emergency medical personnel. As soon as possible, call 911. Inform the dispatcher that you have been hit by a car and request both an ambulance and the police. Even if injuries seem minor, it’s important to get medical professionals on the scene. Some injuries (like internal bleeding or a concussion) may not show symptoms right away, so getting evaluated by paramedics or going to the hospital is critical for your health. Calling 911 also ensures the accident is officially reported to the authorities.

2. Involve the Police and File an Official Report

Having an official police report is essential for any car accident in Texas. When officers arrive, they will secure the scene, make sure everyone is safe, and document what happened. In Houston, police will typically respond to the scene if there are injuries or significant property damage. (By Texas law, drivers must report an accident to law enforcement if someone is hurt or if property damage exceeds $1,000.) Be truthful and stick to the facts when speaking with the police. Describe what happened to the best of your recollection, but avoid speculating or admitting fault. For example, do not say things like “I was probably not looking” or “I’m sorry I walked out in front of you,” as such comments can be used against you later. Once the report is completed, ask the officer how you can obtain a copy. A police report will contain important details like the officer’s assessment of fault, witness statements, and conditions at the scene – all of which can be invaluable evidence for your claim.

3. Gather Evidence at the Scene

If you are not too badly hurt and it’s safe to do so, try to collect as much information as possible from the accident scene. This evidence can strengthen your case later. Important steps include:

• Photographs: Take photos or videos of everything relevant. This includes the vehicle that hit you (and any other vehicles involved), your injuries, skid marks on the road, traffic signs or signals, the surrounding area, and any property damage. If you were hit in a crosswalk or intersection, photograph the crosswalk, traffic lights, and signage. These images can help prove how the accident happened.
• Driver’s Information: Get the name, phone number, address, driver’s license number, and insurance details of the driver who hit you. In Texas, drivers involved in an accident are required to exchange information. If the driver fled (hit-and-run), try to remember or photograph the license plate and vehicle description, and give this information to the police.
• Witnesses: If any bystanders saw the accident, ask for their names and contact information. Witness testimony can be extremely helpful later to corroborate your version of events. Even a brief statement from a witness about what they saw can make a big difference in establishing fault.

Collecting evidence immediately after the accident will help immensely when you pursue an insurance claim or legal action. Over time, memories fade and physical evidence can disappear, so documenting things on the spot is best.

4. Avoid Admitting Fault or Apologizing

In the shock of an accident, it’s natural to feel shaken and even sympathetic to the other party. However, you must be very careful about what you say. Do not apologize for the accident or make any statements that could sound like you’re taking blame. Phrases like “I didn’t see you coming” or “I shouldn’t have been in the road” can be interpreted as admissions of fault, even if you are not actually responsible. When talking to the driver who hit you, witnesses, or the police, stick strictly to factual observations (e.g., “The light was green for pedestrians” or “I was crossing in the crosswalk when the car turned into me”). Determining fault is a complex process that will happen later based on evidence; there’s no benefit to making speculative comments at the scene. The less you say about blame, the better – let the investigation and evidence speak to what happened.

5. Seek Medical Attention and Keep Records

Often, adrenaline and shock can mask injury symptoms immediately after being hit by a car. Even if you were evaluated briefly by paramedics at the scene and you think you’re “okay,” it is wise to see a doctor as soon as possible for a thorough examination. Some injuries (like whiplash, internal injuries, or mild traumatic brain injuries) might only become apparent hours or days later. Prompt medical evaluation not only protects your health but also provides official documentation of any injuries caused by the accident. Follow all medical advice and attend any follow-up appointments or therapy sessions your doctors recommend.

Keep detailed records of all medical care related to the accident. This includes hospital or clinic bills, doctor’s notes, prescriptions, X-ray or MRI results, and any other documents. Also, start a journal to track symptoms or pain levels during your recovery. These medical records and notes will be important evidence when seeking compensation for your injuries. If you delay medical treatment, insurance companies may argue that you weren’t seriously hurt, so always prioritize your health and create that paper trail of treatment.

6. Consult an Attorney Before Speaking to Insurance Companies

Not long after the accident, you may start getting calls from insurance adjusters – either from the at-fault driver’s insurance or even your own. It’s best to speak with a qualified personal injury attorney before you discuss the accident in detail or accept any settlement offer from an insurance company. Insurance adjusters might sound friendly or concerned, but remember that their job is to save the insurance company money. They may try to get you to give a recorded statement or to settle quickly for an amount far lower than what you truly need.

An experienced car accident lawyer will protect your rights and handle communications with the insurance companies for you. The Adley Law Firm offers free consultations, so you can get professional legal advice right away. Having an attorney from the beginning helps prevent mistakes that could weaken your claim. Your lawyer can guide you on what to say and not say to insurers, ensure all the important evidence is preserved, and start building a strong case for the compensation you deserve.

Common Ways People Are Hit By Cars In Houston

Accidents where someone is hit by a car can happen in many different ways. In a busy metropolitan area like Houston – with its heavy traffic, countless pedestrians and cyclists, and extensive network of roads – it’s helpful to understand the common scenarios in which these accidents occur. Each situation has its own challenges, and the injuries and legal considerations can vary. Below, we discuss several frequent scenarios where a person might be struck by a vehicle, along with key considerations for each.

Hit by a Car as a Pedestrian

Pedestrian accidents are unfortunately common in large cities like Houston. In fact, Houston consistently ranks among cities with high rates of pedestrian injuries. Busy intersections and streets – such as those along Westheimer Road, FM 1960, or near the Texas Medical Center – are frequent sites of serious pedestrian accidents. These often happen when drivers fail to yield the right of way, run red lights or stop signs, or make illegal turns without noticing people in crosswalks.

Without any physical protection, pedestrians are extremely vulnerable. Getting hit by a car while on foot can result in severe injuries like broken bones, spinal cord injuries, internal organ damage, or traumatic brain injuries. Recovery can be long and medical bills substantial. If you were hit while jaywalking or crossing outside of a crosswalk, it can complicate a legal claim – the driver’s insurance might argue you were at fault for not using a crosswalk. However, even in such cases, an experienced attorney can often argue that the driver still had a duty to watch for and avoid hitting pedestrians. Texas law follows a **comparative negligence** rule: you may still recover compensation as long as you were not more than 50% at fault for the accident. This means even if you were partially negligent (for example, not at a designated crossing), you can pursue a claim, though any award might be reduced by your percentage of fault. Don’t assume you have no case if you weren’t in a crosswalk – consult an attorney to understand your rights.

Drivers in Texas are required by law to exercise caution and yield to pedestrians when appropriate. If a driver was speeding, distracted (such as texting), or violated any traffic laws when you were hit, they are likely liable for your injuries. A successful pedestrian accident claim can help recover costs for your hospital bills, rehabilitation, lost wages if you couldn’t work, and compensation for your pain, suffering, and any long-term impacts from the injury.

Child Hit by a Car

Accidents involving children are among the most heartbreaking and serious cases. Children are smaller and more fragile, so even a low-speed impact can cause severe injuries. In Houston’s school zones and residential neighborhoods – for example, near local elementary schools or playground areas – it’s not uncommon for a child to be hit by a vehicle. Kids might dart into the street chasing a ball, ride their bicycles near driveways, or walk home from school and cross the street unexpectedly.

The law provides special considerations for children who are injured. For one, children under a certain age are generally not considered capable of negligence under Texas law. This means even if a child ran out into the road, the driver has a high duty of care to avoid hitting them. Parents or guardians can file injury claims on behalf of their injured child. In these cases, compensation needs to account for not only immediate medical needs but also the long-term implications for the child’s development, future medical care, and even the emotional trauma of the event. Insurance companies know that juries are very sympathetic toward injured children, so they often seek to settle these cases – but you want to make sure any settlement fully covers future needs. The Adley Law Firm has experience handling accidents involving children and can work to ensure the child’s medical bills, future care (like therapy or surgeries), and other damages are covered.

Hit by a Car as a Passenger

Car passengers can be innocent victims in car accidents, and they often suffer serious injuries, especially if they’re sitting on the side of the vehicle that takes the impact. If you were a passenger in a vehicle that was hit by another car, you have the right to seek compensation for your injuries just as a driver would. Houston’s highways and streets see many multi-vehicle collisions – on highways like I-45 or the 610 Loop, high-speed crashes can seriously injure passengers, and even on city streets, a violent T-bone or side-swipe collision can cause major harm to someone riding in the car.

As a passenger, determining who is liable for your injuries can be more straightforward since you weren’t driving. You could potentially have a claim against the driver of the other vehicle if they caused the crash. If the driver of the car you were in was at fault (for example, the person driving you ran a red light or was texting and caused the wreck), you could have a claim against that driver’s insurance as well. It sometimes happens that both drivers share some blame; regardless, as the injured passenger, you should be compensated by the at-fault parties’ insurance. One thing to note: if you were in a commercial vehicle or a rideshare (like Uber or Lyft) when the accident happened, there may be additional insurance coverage available. Rideshare companies, for instance, carry liability insurance for their drivers that can cover passenger injuries. These situations can get complicated with multiple insurance companies involved, so having a lawyer handle the communications and claims can be invaluable. The key is that passengers have just as much right to recovery as anyone else on the road – you shouldn’t be stuck with medical bills for an accident you didn’t cause.

Hit by a Car as a Driver

Drivers who are hit by other vehicles often face a battle proving that the other driver was at fault. In a congested traffic environment like Houston, accidents can happen in the blink of an eye, and sometimes each driver blames the other. Common collisions include rear-end crashes, side-impact (“T-bone”) collisions at intersections, and head-on crashes on two-lane roads or freeway on-ramps. For example, a distracted driver looking at their phone or a driver running a red light at a busy Houston intersection (like Westheimer and Post Oak Boulevard) can slam into your car and leave you with serious injuries and a wrecked vehicle.

If you were obeying traffic laws and another driver hit you, that driver is generally responsible for the accident. Evidence is key for driver-on-driver accidents. Try to gather any proof that supports your side of the story: for instance, skid marks showing the other driver tried to brake late, damage on your car’s rear end indicating you were hit from behind (in Texas, the driver who rear-ends another is almost always considered at fault), or even dashcam footage if you have it. Eyewitness accounts and the police report will also be crucial. Sometimes accident reconstruction experts are needed for complex crashes to show exactly how the impact occurred. If the other driver was doing something illegal (speeding, drunk driving, texting, etc.), that will greatly strengthen your claim.

Remember that Texas is a comparative fault state – if the other driver claims you were partially to blame, it could affect your compensation. But as long as you are not more than 50% at fault, you can still recover damages. A Houston car accident attorney can help gather the evidence to prove the other driver’s negligence and handle any unfair blame tactics from insurance companies.

Hit by a Car on a Bicycle

Cyclists face significant danger on the road, as a bicycle offers virtually no protection in a collision. Houston has been improving its bicycle infrastructure with bike lanes along popular areas like Buffalo Bayou Park trails or Heights Boulevard, but accidents still happen frequently. A common scenario is a driver not seeing a cyclist and turning across a bike lane or failing to yield when the cyclist has the right of way. Distracted driving is another big factor – a driver glancing at a text might drift into a bike lane without realizing a cyclist is there.

When a car hits a person on a bicycle, injuries can be very serious: broken bones (commonly fractures in the arms, legs, ribs), severe road rash and lacerations, head injuries (even if wearing a helmet, a strong impact can cause a concussion or worse), and spinal injuries. After a bike accident, it’s important for the cyclist (or someone on their behalf) to document the scene just like any car accident – photographs of the bicycle (which is often heavily damaged), the vehicle, and the scene will help. Also, calling the police is crucial, as the police report will document the driver’s information and any witness statements.

Texas law gives cyclists the same rights and duties on the road as motor vehicles in most situations. Drivers are supposed to yield to cyclists as they would to other cars and maintain a safe distance. If you were hit while cycling, you have the right to pursue compensation from the at-fault driver’s insurance. Sometimes drivers try to say the cyclist “came out of nowhere,” but with a lawyer’s help, we can often prove driver inattention or violation of safe driving rules. The Adley Law Firm understands the specific laws that protect bicyclists (such as safe passing distance requirements) and will work to hold negligent drivers accountable.

Hit by a Car in a Rental Vehicle

Being involved in an accident while driving a rental car can add an extra layer of complexity to an already stressful situation. Houston’s airports (George Bush Intercontinental and Hobby Airport) and rental car centers see thousands of visitors, and unfortunately some end up in crashes on Houston roads. If you were driving a rental car and got hit by another vehicle, there may be multiple insurance policies involved. Typically, when you rent a car you have options for insurance coverage: you might rely on your personal auto insurance, purchase the rental car company’s coverage at the counter, or even have some coverage through a credit card. On top of that, the other driver’s liability insurance should cover your damages if they were at fault.

After a collision in a rental, call the police and handle the immediate steps as you would with any accident. Additionally, you’ll need to notify the rental company of the accident – usually there’s a number to call for reporting accidents, and it should be done as soon as it’s safe to do so. The rental company may have its own procedures and might even send a representative. When it comes to paying for the damage and your injuries, the insurance situation can get complicated. For example, if the other driver was clearly at fault, their insurance should pay for the damages (to the rental car and your injuries). If you were hit by an uninsured driver, you might have to rely on your own insurance’s uninsured motorist coverage (if you have it) or the rental insurance if you bought it. If you were partly at fault, the rental company’s collision damage waiver (if you opted for it) could cover the rental vehicle’s damage, but your injuries would still go through auto insurance claims.

The key is to make sure you’re not left personally footing the bill. Insurance companies might try to bounce responsibility between the rental car coverage, your personal policy, and the other driver’s policy. An attorney can sort through the fine print of the insurance contracts and ensure that the correct parties pay for your losses. Don’t let the complexity of a rental car accident discourage you from pursuing a claim – you have the same rights to compensation as any other accident victim.

Hit by a Commercial Truck

Crashes involving large commercial trucks (like an 18-wheeler, delivery truck, or other heavy vehicle) are some of the most devastating on the road. Houston is a major hub for trucking traffic – big rigs frequently travel on interstates such as I-10, I-45, I-69 (US-59), I-610 Loop, and state highways like US-290. If you were hit by a commercial truck, the impact is far more forceful due to the truck’s massive size and weight. As a result, injuries in these accidents tend to be very severe: catastrophic injuries like traumatic brain injuries, spinal cord injuries (which can cause paralysis), multiple broken bones, or even fatalities are sadly common in truck crashes.

From a legal standpoint, being hit by a truck is different from a regular car accident. There are often multiple parties that could be liable. Aside from the truck driver who was directly involved, the trucking company that employs the driver might be legally responsible under “respondeat superior” (employer liability for employees’ actions) or for negligent hiring/training practices. The trucking company’s insurance policies usually have high limits given the potential damage these vehicles can cause. Additionally, if the accident was caused by a vehicle malfunction (like brake failure or a tire blowout), the maintenance company or truck manufacturer could be brought into a claim. Federal and state regulations also come into play – for instance, truck drivers must follow Hours-of-Service rules that limit how long they can drive without rest. If a truck driver fell asleep at the wheel because they violated these rules, that’s a strong evidence of negligence.

Investigating a truck accident requires prompt action. Evidence such as the truck’s black box data (which records speed, braking, etc.), driver logbooks, and maintenance records must be preserved. It’s important to contact an attorney quickly in these cases so that evidence does not get lost or intentionally destroyed. The Adley Law Firm can coordinate a thorough investigation, often working with accident reconstruction experts, to build the case. Because so much is at stake (medical bills, future care, lost income, etc.), trucking companies and their insurers fight hard to minimize payouts – but we fight just as hard to get victims the compensation they truly need.

Hit in a Parking Lot or Garage

Not all car-versus-person accidents happen on busy roads; many occur in parking lots or garages. For example, parking lots at shopping centers, grocery stores, apartment complexes, and office buildings in Houston can be accident hotspots. Drivers might back out of a parking space without seeing a person walking behind them, or a vehicle might turn a corner in a parking garage and hit a pedestrian or another car at the end of the ramp. Speeds are usually lower in parking lots, but even a vehicle going 5-10 mph can cause injuries if it strikes a person. And of course, if you’re knocked down, you could hit your head on the pavement or suffer other secondary injuries.

One challenge with parking lot accidents is determining fault. Parking areas are often private property, and traffic rules (like right-of-way) can be less clear than on public streets. However, drivers still have a duty to exercise reasonable caution. If you were hit in a parking lot, be sure to get the store or property owner’s information as well if hazards in the lot contributed (like a poorly designed crosswalk or lot traffic flow). Usually, though, it’s a driver not paying enough attention. Perhaps they were looking for a parking spot and didn’t see you walking, or they were in a hurry and sped through an area where pedestrians cross from the store to their cars.

Even if your injuries from a parking lot accident seem minor, get them checked out. Something like a bruised leg could hide a hairline fracture, for example. From a legal perspective, you have the right to seek compensation from the driver’s insurance for hitting you. These cases might involve the driver claiming they “didn’t see” the person or thought they had the right of way. Gathering evidence (like surveillance camera footage from the parking lot, if available, or eyewitnesses) can be very important. A lawyer can help by requesting the store or property owner to preserve any video footage of the incident. Don’t let the fact that it was “just a parking lot accident” fool you – you still deserve compensation for any injuries and costs you suffered.

Hit by a Car While on a Motorcycle

Motorcyclists share the road with cars and trucks, but when a collision happens, the motorcyclist almost always suffers more. Houston’s freeways and streets can be especially dangerous for motorcycles because other drivers sometimes fail to notice them or misjudge their speed and distance. Common scenarios include a car changing lanes into a motorcycle (because the driver didn’t check their blind spot) or a car turning left at an intersection in front of an oncoming motorcycle. There’s also the issue of drivers tailgating motorcycles or not giving them enough space, leading to rear-end collisions that can be fatal for a rider.

If you were on a motorcycle and got hit by a car, you might be facing serious injuries. Even with a helmet and protective gear, motorcyclists can sustain traumatic brain injuries, spinal injuries, severe road rash, broken limbs, and internal injuries in a crash. One of the first arguments a negligent driver’s insurance might raise is whether you were wearing a helmet or if you were somehow driving recklessly. Texas law does not require helmets for all riders (riders over 21 with proper insurance or safety course can legally ride without a helmet), but not wearing one can still affect a personal injury case. Regardless, the focus should be on the driver’s actions: did they fail to yield, were they distracted, or breaking a traffic law?

Motorcycle accident claims often require demonstrating to the insurance company (or a jury) that the motorcyclist was a safe rider and the crash was the car driver’s fault. There can be bias against motorcyclists (the false idea that bikers are all daredevils) which an attorney will work to overcome by presenting solid evidence. If you’re a rider who was injured, The Adley Law Firm can help investigate the crash, gather witness statements, and work with experts if necessary to prove exactly how the other driver caused the accident. You deserve the same protection and compensation as any other victim on the road.

Hit by a Car While in an Uber or Lyft

Rideshare services like Uber and Lyft are incredibly popular in Houston and throughout Texas. With so many rideshare drivers on the road, it’s perhaps not surprising that accidents involving these vehicles happen frequently – whether you’re the rideshare passenger, the rideshare driver, or another driver or pedestrian hit by a rideshare car. If you were a passenger in an Uber or Lyft and your ride gets into an accident, you need to know that there are special insurance policies that may cover your injuries.

Uber and Lyft both carry liability insurance up to $1 million for their drivers when they are actively carrying passengers or en route to pick someone up. Here’s how it generally works:

• If the rideshare driver was at fault: For example, your Uber driver caused the accident by rear-ending another car or making an improper turn, then Uber’s insurance policy should cover your injuries (up to the policy limits, which is often $1 million). This coverage applies because the driver was “on the app” and actively providing a ride.
• If another driver was at fault: Suppose another car ran a red light and hit the Uber or Lyft vehicle you were in. In that case, the at-fault driver’s insurance is primary. That means you would file a claim against that driver’s auto insurance. However, what if that driver has minimal insurance or is uninsured? This is where the rideshare company’s insurance can also help – Uber and Lyft provide uninsured/underinsured motorist coverage in many cases for their passengers. In simple terms, if the person who hit you doesn’t have enough insurance to cover your injuries, the rideshare’s insurance can step in up to its limits.

Because there are multiple insurance companies potentially involved (the rideshare company’s insurer, the other driver’s insurer, and possibly your own insurer if you have certain coverages), these cases can get confusing. It’s crucial to report the accident through the rideshare app as well, so there is an official record with Uber or Lyft. Always seek medical attention first, then worry about the insurance process. You should consider contacting a lawyer quickly in a rideshare accident scenario. The Adley Law Firm has dealt with Uber/Lyft accident cases and can help navigate the claims process. We will figure out which insurance applies and pursue the maximum compensation for you. Rideshare companies have teams of lawyers and big insurers, but our firm knows how to stand up for injured passengers. Whether you were hurt during an Uber/Lyft ride or even while waiting for your rideshare to arrive, you have legal options to recover for your injuries.

Dealing With the Police After a Car Accident

After any significant car accident in Houston (and throughout Texas), involving the police is not only wise – it’s often legally required. Texas law mandates that drivers report an accident to law enforcement if anyone is injured, killed, or if there is substantial property damage. In practice, if you’ve been hit by a car and you’re hurt, calling 911 will ensure the police come to the scene to make an official report. In the City of Houston, that will usually be the Houston Police Department (HPD). If the accident happens on a highway or in an unincorporated area, sometimes Texas Department of Public Safety (state troopers) will respond instead. Either way, getting that official report is very important.

The police report creates an objective record of the crash. The responding officer will note the time and location, the parties involved, insurance information, and often an initial assessment of fault or cause. They will usually record statements from drivers and witnesses at the scene. When talking to the officer, again, be honest but stick to the facts. If you’re not sure about something, it’s okay to say you’re not sure. Don’t exaggerate or speculate. For instance, if you were crossing an intersection and got hit, describe the basics (“I was walking north in the crosswalk when the car turning left struck me”), rather than assuming motives or details you didn’t see (“I think the driver was texting” – unless you actually saw the phone, avoid guessing).

Be sure to ask the police how to get a copy of the accident report. In Houston, once the report is ready (often a few days later), you can request it from HPD’s records division, either online or in person. Your attorney can also obtain it for you. Read the report carefully when you get it. While police reports are generally accurate, mistakes do happen – maybe the officer got a detail wrong about where each person was, or there’s a typo in the insurance info. If you find an error, you can request a correction or add a supplemental statement to the report. An attorney can help communicate with the police department to correct any inaccuracies.

Keep in mind that the police report is a key piece of evidence for insurance companies and potential lawsuits. Insurance adjusters will heavily reference the report when evaluating claims. While the officer’s determination of fault isn’t the final word (insurance and courts can make their own conclusions), it carries weight. That’s why getting a report and ensuring its accuracy is so crucial. If you have any trouble obtaining the report or if the police didn’t respond at the time of the accident (sometimes if an accident is minor and no one appears injured, police might not come immediately), you should still file a report after the fact. In Texas, if police don’t investigate at the scene, drivers are supposed to submit a crash report (Form CR-2, also known as a “blue form”) to TXDOT within 10 days for accidents meeting the reporting criteria. Your lawyer can guide you through this process. Bottom line: work with law enforcement as needed, and use the official documentation to support your case.

Dealing With Insurance Companies After Being Hit

Navigating insurance claims after a car accident can be one of the most frustrating parts of the process. If you were injured after being hit by a car, you will likely be dealing with at least two insurance companies: the at-fault driver’s insurer (for your injury claim) and potentially your own auto insurer (especially if you have medical payments coverage, uninsured motorist coverage, or if you’re making a collision claim for vehicle damage). It’s important to approach these communications carefully, because insurance adjusters are trained to protect their company’s money – which often means trying to minimize or deny your claim.

One of the first things to do is notify your own insurance company about the accident, even if you were not at fault. Most auto policies require policyholders to report accidents promptly. When you call, stick to the basics: let them know when and where the accident happened and that you were injured. You do not need to go into detailed descriptions or speculate about fault in this initial report. In fact, it’s best not to give any recorded statements or detailed accounts to any insurance adjuster (yours or the other driver’s) until you have consulted with an attorney. Innocent comments can be twisted – for example, saying “I’m feeling okay” on the phone a day after the accident might later be used to argue you weren’t hurt (even if injuries manifested later). Or an offhand remark like “I didn’t even see the car coming” could be interpreted as you admitting you weren’t paying attention.

In a bustling city like Houston, insurance companies handle countless car accident claims every week. Unfortunately, that volume can make some insurers pretty aggressive in trying to close cases quickly and cheaply. Don’t be surprised if an adjuster calls you soon after the accident and offers a quick settlement. While it might be tempting to get some money fast, that first offer is usually far too low to cover all your expenses – and if you accept a settlement, you typically sign away your right to any further compensation later. This can be devastating if your injuries turn out to be more serious than you initially thought or if you realize you have additional expenses.

If the accident involved unique circumstances – for instance, you were hit by a commercial vehicle or an Uber driver – the insurance situation becomes more complex. There might be multiple insurers (commercial liability policies, personal auto policies, etc.) fighting over who pays first. This is another scenario where having an attorney is extremely beneficial. Your lawyer can identify all potential sources of coverage and make sure claims are filed with each one appropriately. Sometimes an accident can involve stacking different policies to fully compensate you (for example, if the at-fault driver’s policy isn’t enough, you might tap into your own underinsured motorist coverage).

The Adley Law Firm is well versed in dealing with insurance companies after car accidents. Our attorneys will take over the communication with the adjusters so you don’t accidentally say something that could harm your claim. We gather the necessary evidence to prove the extent of your injuries and damages, and we handle the negotiations to seek a fair settlement. Remember, insurance companies have lawyers working for them – you should have a dedicated advocate working for you. If an insurance company is giving you the runaround or pressuring you to settle, let us step in and level the playing field.

What If You’re Injured? Will Insurance Cover Your Medical Bills?

A big concern after any accident is how to pay for medical treatment. Ambulance rides, ER visits, surgeries, medications, physical therapy – the costs add up quickly. The good news is that there are a few potential sources of coverage for medical bills after a car accident. These include:

• The At-Fault Driver’s Liability Insurance: In Texas, drivers are required to carry liability insurance that covers bodily injury to others. If another driver was at fault for the accident that caused your injuries, their auto insurance should ultimately pay for your medical expenses (along with other damages like lost wages and pain and suffering). This usually comes as a settlement or award after you’ve completed treatment or reached maximum medical improvement.
• Your Own Personal Injury Protection (PIP) Coverage: Texas insurance policies offer Personal Injury Protection as optional coverage (unless you reject it in writing, insurers must add it). PIP will cover medical bills (and a portion of lost wages) for you and your passengers, up to the limit you purchased, regardless of who was at fault. Common PIP amounts are $2,500, $5,000, or $10,000. If you have PIP on your policy, you can claim those benefits right away to help pay hospital or doctor bills while you wait for the liability claim to resolve.
• Health Insurance: If you have health insurance (private insurance, employer plan, Medicare/Medicaid, etc.), you can and should use it to get the treatment you need. Health insurance can cover many medical costs from the accident. Keep in mind, though, if you later get a settlement from the at-fault driver’s insurance, your health insurer may have a right to be reimbursed for what they paid (this is called subrogation). Your attorney will handle any reimbursement negotiations to try to reduce what you pay back, so more of the settlement stays with you.
• Uninsured/Underinsured Motorist Coverage (UM/UIM): This is another optional coverage on your own auto policy. If the driver who hit you had no insurance, or not enough insurance to cover all your medical bills and losses, your UM/UIM coverage can step in (up to your policy limits) to make up the difference. For example, if your injuries are very serious and the at-fault driver only has the Texas minimum $30,000 liability coverage, that might not be sufficient – but if you carry $100,000 of UIM, you could claim up to the additional $70,000 from your own insurer. Using UM/UIM should not raise your premiums since you were not at fault.

It’s important to keep all receipts and documentation for any medical-related expense, no matter how small. Prescription receipts, mileage driving to appointments, medical devices like braces or crutches – these can sometimes be reimbursed. Also, if you miss work due to injuries or medical appointments, track those lost wages as well. An experienced personal injury attorney will compile all of these economic damages when making a claim.

In summary, while the at-fault driver’s insurance is typically the primary source for covering your medical bills, there are other avenues to get your expenses paid in the meantime or additionally. A lawyer can ensure that all possible sources of compensation are pursued so that you aren’t stuck with debt from an accident that wasn’t your fault.

Do I Really Need a Lawyer After Being Hit by a Car?

You might wonder if hiring a lawyer is necessary, especially if the accident seems straightforward. Legally, you are not required to have an attorney to file an insurance claim or even a lawsuit. However, there are many reasons why consulting with and hiring a personal injury lawyer is highly recommended after you’ve been hit by a car:

• Maximizing Compensation: Insurance companies often initially offer low settlements that might only cover a portion of your expenses. Attorneys understand the true value of different types of injury cases and can negotiate for a much higher amount. They will factor in not just your past and current medical bills, but also future treatment needs, lost future earnings if you have a long-term injury, and appropriate amounts for pain and suffering.
• Understanding Legal Rights and Deadlines: A lawyer will explain your rights, such as the right to recover even if you were partially at fault (as long as you’re not >50% at fault in Texas). They will also make sure you don’t miss critical deadlines. For instance, Texas generally has a two-year statute of limitations for filing a personal injury lawsuit after a car accident. If you miss that deadline, you could lose your chance to recover anything. An attorney keeps your case on track.
• Handling the Complexities: As we discussed, cases can get complicated with multiple parties or insurance policies, medical liens, and legal paperwork. An experienced lawyer deals with these issues regularly. They will investigate the accident, gather evidence (videos, accident reports, medical records, etc.), interview witnesses, and possibly consult experts to strengthen your case. They will also handle all communication and negotiation with insurance adjusters or opposing lawyers so you don’t have to.
• No Upfront Cost: The Adley Law Firm, like many personal injury firms, works on a contingency fee basis. This means we do not charge any upfront fees and you owe nothing out of pocket. We only get paid if we win your case and recover money for you. This arrangement allows anyone, regardless of financial status, to have quality legal representation against big insurance companies. There’s literally no financial risk to you in hiring us – and it often pays off greatly when you see the difference in the outcome.
• Peace of Mind: Perhaps one of the biggest benefits is simply reducing your stress. After an injury, you should be focusing on healing, not wrangling with insurance forms or legal strategy. Knowing that a competent lawyer is handling the legal side can give you peace of mind and let you concentrate on your recovery. We also provide guidance and answer any questions throughout the process, so you’re never in the dark about where your case stands.

While minor accidents with no injuries might be fine to handle on your own through insurance, if you’ve been hit by a car and suffered injuries (even “moderate” ones like a broken bone or a whiplash that needs therapy), it’s in your best interest to at least consult with a personal injury attorney. The Adley Law Firm offers a free case evaluation, so you can get advice with no obligation. We’ll give you an honest assessment of your case and explain how we can help. Many clients who start off unsure about needing a lawyer are grateful later that they had professional help to secure a fair outcome.

Filing a Claim and Seeking Compensation

When you’re ready to pursue compensation for your injuries and other losses, the process typically starts with filing an insurance claim against the at-fault party. Here’s a general overview of how the claims and compensation process works after a car accident:

1. Initial Claim and Notification: Your attorney will usually notify the at-fault driver’s insurance company of your claim. If you have a police report, that will provide the insurance information. This notification puts the insurer on notice that you were injured and intend to seek compensation.

2. Gathering Evidence and Documentation: A successful claim is built on solid evidence. This is where all the work you did (and your lawyer does) to gather records comes into play. Key evidence includes the police accident report, photos from the scene, witness statements, and your medical records and bills. If there were any traffic camera or surveillance videos of the accident, those can be critical as well. We may also collect proof of lost income (pay stubs or a letter from your employer if you missed work) and documentation of how the injuries affect your daily life (for example, personal statements or journal entries you wrote about your pain or limitations). All of this helps paint a full picture of the impact the accident has had on you.

3. Demand Package: Once you are at a point in your medical recovery where the extent of your injuries and necessary treatment is known (this could be after you finish treatments, or if you have long-term injury, when your future needs are reasonably determined), your attorney will prepare a demand letter to the insurance company. This letter lays out the facts of the case, why their insured was at fault (supported by evidence), and details all your damages. It will conclude with a demand for a specific dollar amount to settle your claim. The amount is usually higher than what you would ultimately be willing to accept, leaving room for negotiation.

4. Negotiation: After receiving the demand, the insurance company will review everything. They may respond with a counteroffer – typically lower than what was demanded. Then negotiations go back and forth. This is where having a skilled negotiator matters. The Adley Law Firm’s attorneys know the tactics insurers use (like saying you had a pre-existing condition, or that you were partly at fault, or that your treatment was excessive) and we counter those arguments with evidence and legal precedent. Our goal is to negotiate a settlement that fully and fairly compensates you. Many cases reach a settlement at this stage without needing a lawsuit.

5. Filing a Lawsuit (if necessary): If negotiations stall or the insurance company denies responsibility or offers an unfairly low amount, the next step is to file a lawsuit. This doesn’t mean the case will definitely go to trial – in fact, many cases settle out of court even after a lawsuit is filed, often as the trial date approaches. However, filing suit shows the insurance company that you are serious about getting justice and not willing to back down. Once in litigation, both sides will go through a process called discovery (exchanging evidence, taking depositions of parties and witnesses, etc.). Sometimes new evidence uncovered in discovery can motivate a settlement. If not, the case would proceed to a trial where a jury (or judge in some instances) decides the outcome.

Throughout this process, having a lawyer is invaluable. For instance, responding to insurance company letters, completing legal paperwork, knowing how to draft a persuasive demand letter – these are things our firm handles routinely. We also ensure that the claim is filed within the statute of limitations (generally 2 years in Texas for personal injury cases, as mentioned earlier). Missing that deadline would bar you from recovery, so we are very mindful of all timelines.

The compensation you can seek in a car accident claim generally falls into a few categories:

• Medical Expenses: This includes all hospital bills, doctor visits, physical therapy, medications, medical devices, rehabilitation, and any future medical treatment you’ll need related to the injury.
• Lost Income: If you missed work due to the injury or treatment, you can claim your lost wages. If the injury affects your ability to work in the future (either limiting your hours or forcing you to take a lower-paying job or retire early), you may claim loss of earning capacity.
• Pain and Suffering: This covers the physical pain and emotional distress you’ve endured. It’s harder to put a dollar value on these, but they are a crucial part of making you whole. Serious injuries that cause long-term pain, disability, or loss of enjoyment of life warrant significant compensation in this category.
• Property Damage: If you were in a vehicle that was damaged (for instance, if you were driving and your car was hit, or if it was a bicycle that got wrecked), you can claim repair or replacement costs. This is often handled separately from the injury claim, but it’s part of the overall aftermath of the accident.
• Other Expenses: Any other out-of-pocket costs caused by the accident can be included. For example, if you need to hire help for household chores you can’t do while injured, or you had to cancel a trip and lost money, or you require modifications to your home due to a disability from the accident – these are compensable losses.

Insurance companies in Texas, especially those dealing with a high volume of claims in big cities, might try to rush the settlement process or use pressure tactics. Our job is to slow things down to the proper speed and ensure we have a complete understanding of your injuries and losses before settling. We don’t accept a settlement offer unless it truly reflects your needs and the harm you suffered. If a fair settlement cannot be reached, we are fully prepared to take the case to court. Having a reputable law firm on your side can also signal to the insurer that you mean business, which often encourages them to offer a more reasonable amount to avoid a trial.

Settlement Process for Car Accident Cases in Texas

The majority of car accident claims in Texas (and elsewhere) are resolved through settlements rather than jury verdicts. A settlement is essentially an agreement where the at-fault party’s insurer pays the injured person a sum of money, and in exchange the injured person releases them from further liability. But how much should that sum be? The answer varies widely depending on the specifics of the case. Here are some key factors that influence settlement values and what you can generally expect:

• Severity of Injuries: This is often the biggest driver of a settlement amount. If you sustained minor injuries (say, some bruises and a temporary sprain), your case might settle for a few thousand dollars to cover your urgent care visit and a little extra for the inconvenience and any brief time off work. On the other hand, if you suffered life-altering injuries – for example, a traumatic brain injury, a spinal cord injury resulting in paralysis, multiple fractures requiring surgeries, etc. – the settlement could reach into the hundreds of thousands or even millions. The settlement must account for extensive medical treatment, possible lifelong care, significant lost earnings (or loss of earning capacity if you can’t return to your old job), and considerable pain and suffering.
• Clarity of Fault: When it’s very clear that the other party was 100% at fault (such as a drunk driver who hit you, or a situation caught on video where you did everything right and the other driver ran a red light), the insurance company knows they will likely lose if it goes to trial. This often leads to a higher settlement offer. If there’s ambiguity or a dispute about who was to blame, the insurer will be more aggressive in negotiating, possibly offering less or even denying the claim, arguing you were at fault. We then have to present strong evidence to convince them (or a jury) otherwise.
• Insurance Policy Limits: Sometimes, the settlement amount is capped by how much insurance coverage is available. For example, if you have $200,000 in damages but the at-fault driver only carries $30,000 of liability insurance (the Texas minimum), getting more than $30,000 from that insurer will be tough unless there’s an additional policy or the driver has significant personal assets (which is rare). This is why we look at all possible avenues – like your own UIM coverage or other parties – to increase the pool of funds. In cases with commercial policies (like trucking companies or businesses), the limits are often much higher, so policy limits might not be an issue.
• Quality of Evidence: Strong, well-documented cases tend to settle for higher amounts because the insurance company doesn’t want to risk losing big at trial. If we have clear medical records linking all your injuries to the accident, testimony from your doctors about future medical needs, and evidence of the other driver’s fault, we’re in a good position. Conversely, if someone delays medical treatment or has gaps in care, insurers may argue the injuries weren’t serious or weren’t caused by the accident, which can lower value. Part of our job is to counter those arguments by highlighting evidence or obtaining expert opinions.
• Negotiation and Legal Representation: Insurance companies have more respect (and frankly, more fear) when a claimant is represented by a reputable attorney known for taking cases to trial if necessary. The Adley Law Firm has a strong track record of fighting for our clients. If an insurer lowballs our client, we’re not afraid to push back or litigate. Many times, simply having a well-prepared case file and demonstrating that we’re ready to go to court will bring the insurer to offer a fair settlement. They usually prefer to avoid the expense and uncertainty of trial.

As you go through medical treatment and recovery, our legal team is already planning ahead for settlement negotiations. We often wait until you either finish treatment or at least know the prognosis before trying to settle – that way we don’t miss including future costs. In some instances, we can negotiate partial settlements (for example, property damage earlier, and bodily injury later once you’re healed). We keep you informed of any offers we receive and provide guidance, but the decision to accept a settlement is always yours. We’ll give you our honest recommendation based on experience, but ultimately you decide if an offer is satisfactory.

Our goal is to ensure you receive an amount that truly helps you rebuild your life after the accident. That includes compensating not just the bills you’ve accumulated, but the less tangible losses too – the pain you went through, the experiences you missed out on, the stress and anxiety caused by the accident, and any long-term changes to your lifestyle. Once a settlement is reached, your attorney will handle the paperwork to finalize it and distribute the funds (paying off any medical liens, then getting the remaining money to you as quickly as possible). If a fair settlement cannot be achieved, remember that you have the option to take the case to court and let a jury decide. We will be with you every step of the way to advise you on the best path forward.

Why Choose The Adley Law Firm?

After a serious accident, choosing the right attorney can make all the difference in the outcome of your case. The Adley Law Firm has built its reputation on fighting for injury victims and supporting them through every step of the recovery process. Here’s what sets our team apart:

• Over 30 years of experience successfully helping injury victims in Houston and across Texas.
• Proven track record with thousands of cases handled and millions of dollars recovered for our clients.
• Personalized attention and compassionate support – we treat our clients like family, not case numbers.
• Bilingual legal team – our attorneys and staff can assist you in English or Spanish, ensuring clear communication and comfort throughout your case.
• No fees unless we win – we work on a contingency fee basis, so you owe nothing upfront and we only get paid when you get paid.
• Based in Houston and proudly serving clients across Texas – whether your accident happened here in Houston or anywhere in the state, we have the knowledge and resources to help.

Contact The Adley Law Firm today for a free consultation about your car accident case. There’s no obligation, and you’ll be able to speak directly with an experienced Houston personal injury attorney about your situation. We’ll listen to what happened, answer your questions in plain language, and explain how we can assist in seeking justice and compensation for you. Remember, time is important – the sooner you get legal help, the better we can protect your rights and gather critical evidence. Don’t go through this alone. Call to get started, and let our team fight for the compensation you deserve while you focus on healing.