Car Accidents

LET US FIGHT FOR YOU

A car accident can quickly turn your life upside down. Many car accident victims go through a range of emotions after a traumatic experience, including disbelief, anger, confusion, denial, and frustration. They are also overwhelmed by having to deal with uncooperative insurance companies, costly medical bills, the consequences of missed work, and other out-of-pocket expenses. Many victims inevitably feel like they are alone and that no help is available.

At Potts & Wallace, you are never alone. We empathize with the stress you are experiencing and understand what needs to be done to make things better. Our primary goal is to force the at-fault driver’s insurance company to accept responsibility for the accident and provide you with the compensation you need to cover losses and get back on your feet. Our respected car accident attorneys have recovered over a billion dollars for clients in personal injury cases and are ready to put our experience and skills to work for you. Let us handle the legal process so that you can focus on getting better.

If you have suffered injuries due to the actions of a negligent driver, contact us to schedule a free initial consultation. Same-day appointments are available, and we offer our services in English and Spanish.

COMMON TYPES OF CAR ACCIDENTS

A car accident is an incident in which a motor vehicle collides with another vehicle, a pedestrian, an animal, a stationary object, or even overturns. Car accidents can result in a wide range of consequences, from minor property damage and injuries to severe injuries or even fatalities. They can occur on roads, highways, streets, and in various driving conditions.

Some common types of car accidents include:

Rear-End Collisions: These occur when one vehicle strikes the back of another. They are often caused by tailgating, distracted driving, or sudden stops.
Head-On Collisions: In these accidents, two vehicles traveling in opposite directions collide with the front ends of their vehicles. Head-on collisions are typically very dangerous and often result in severe injuries or fatalities.
Side-Impact (T-Bone) Collisions: These occur when the front of one vehicle collides with the side of another, often at intersections. T-bone accidents can result in significant injuries, particularly if the side-struck vehicle lacks proper protection.
Sideswipes: In a sideswipe accident, two vehicles traveling parallel to each other make contact with their sides. These accidents can happen when changing lanes without proper signaling or checking blind spots.
Roll-Over Accidents: These accidents occur when a vehicle tips over onto its side or roof. This type of accident is often associated with SUVs, trucks, and other high-profile vehicles.
Single-Vehicle Accidents: These involve only one vehicle and may result from various factors like losing control due to weather conditions, mechanical failures, or driver error. Single-vehicle accidents can lead to rollovers, collisions with fixed objects, or running off the road.
Multi-Vehicle Pileups: These are often large-scale accidents involving multiple vehicles, typically on highways or in low-visibility conditions. A chain reaction of collisions can occur, leading to extensive damage and injuries.
Parking Lot Accidents: These typically involve low-speed collisions, such as fender-benders, while vehicles are entering, exiting, or maneuvering in parking lots.
Hit-and-Run Accidents: In a hit-and-run, one driver leaves the scene of the accident without stopping or providing information, often leaving the other party without recourse for damages.
Pedestrian and Cyclist Accidents: Accidents involving pedestrians and cyclists can occur when a vehicle strikes a person walking or biking. These accidents can result from a driver failing to yield or not noticing the pedestrian or cyclist.

Our insurance litigation lawyers can review your case and provide detailed information regarding the types of damages you may be entitled to receive. Get in touch with us today to schedule a complimentary consultation.

COMMON CAUSES OF CAR ACCIDENTS

Car accidents can happen for a wide range of reasons. The most common reason is driver negligence. All licensed drivers are obligated to follow the traffic laws and operate their vehicles in a safe manner. Failure to do so means you could be held liable in the event of a collision.

Common causes of car accidents include:

Distracted Driving: One of the leading causes of car accidents, distractions like texting, using a smartphone, eating, or adjusting the radio divert a driver’s attention from the road.
Speeding: Driving at speeds above the posted limits or too fast for road and weather conditions can reduce a driver’s ability to react to unexpected events and stop in time to avoid collisions.
Impaired Driving: Driving under the influence of alcohol or drugs impairs a driver’s judgment, reflexes, and coordination, making accidents more likely.
Reckless Driving: Aggressive and reckless behaviors such as tailgating, weaving in and out of traffic, and disregarding traffic rules can lead to accidents.
Weather Conditions: Adverse weather conditions, such as rain, snow, ice, fog, and heavy winds, reduce road traction and visibility, increasing the risk of accidents.
Running Red Lights and Stop Signs: Disobeying traffic signals and signs can lead to intersection accidents.
Fatigue: Drowsy or fatigued driving impairs a driver’s alertness and reaction times, making accidents more likely.
Inexperienced Drivers: Inexperienced or young drivers may lack the skills and judgment needed to avoid accidents.
Failing to Yield Right of Way: Failing to yield the right of way to other vehicles or pedestrians at intersections can lead to collisions.
Tailgating: Following too closely to the vehicle in front reduces reaction time and can result in rear-end collisions.
Aggressive Behavior: Road rage and aggressive behaviors, such as confrontations with other drivers, can escalate into accidents.
Fatigue: Drowsy or fatigued driving can impair a driver’s alertness and reaction times, increasing the likelihood of accidents.
Poor Road Conditions: Potholes, uneven surfaces, and poorly marked roads can contribute to accidents.
Vehicle Defects: Mechanical failures or defects in a vehicle’s brakes, tires, steering, or other systems can lead to accidents.
Animals: Collisions with animals, such as deer or livestock, can lead to accidents, especially in rural areas.
Medical Conditions: Sudden medical episodes, like seizures or heart attacks, can incapacitate a driver and result in accidents.

FAULT-BASED VS. NO-FAULT AUTO ACCIDENT STATES

In the United States, car accident insurance claims are typically handled differently in at-fault and no-fault states. These terms refer to the way in which responsibility for a car accident is determined and how insurance claims are processed.

The following are the main differences between at-fault and no-fault states:

Fault Determination:

– At-Fault States: In at-fault states (also known as traditional or tort states), the driver responsible for causing the accident is held liable for the resulting damages. Insurance companies investigate the accident to determine who is at fault, and the at-fault driver’s insurance pays for the damages of the other party (the non-fault driver). The non-fault driver may also sue the at-fault driver for additional damages, such as medical expenses and pain and suffering.

– No-Fault States: In no-fault states, fault is generally not considered when it comes to paying for accident-related expenses. Each driver’s own insurance company pays for their medical expenses and, in some cases, other accident-related costs, regardless of who caused the accident. This is done to expedite claims processing and reduce the need for legal proceedings.
Insurance Requirements:

– At-Fault States: In at-fault states, drivers are typically required to carry liability insurance to cover potential damages they may cause to others in an accident. This insurance pays for the other party’s losses if the insured driver is found at fault.

– No-Fault States: In no-fault states, drivers are generally required to carry personal injury protection (PIP) insurance, which covers their own medical expenses and related costs regardless of fault. Liability insurance may also be required, but it is typically used to cover property damage and is not related to fault determination.
Legal Threshold for Lawsuits:

– At-Fault States: In at-fault states, a driver who sustains injuries in an accident caused by another party can sue the at-fault driver for additional damages, such as pain and suffering, if the injuries meet a certain legal threshold, such as significant and permanent impairment.

– No-Fault States: In no-fault states, the ability to sue the at-fault driver for pain and suffering is limited. Lawsuits against the at-fault driver are generally allowed only in cases of severe injuries or when specific thresholds are met.
Premium Costs:

– At-Fault States: In at-fault states, insurance premiums may be influenced by a driver’s history of accidents and claims, as well as their driving record. If you are found at fault in an accident, your premiums are likely to increase.

– No-Fault States: In no-fault states, insurance premiums may be affected less by the number of accidents and claims because each driver’s own insurance pays for their medical expenses. Premiums may still be influenced by other factors, like driving record and coverage limits.

WHAT DAMAGES CAN I RECOVER IN A CAR ACCIDENT LAWSUIT?

You only have a limited amount of time to take legal action after a car accident. The statute of limitations varies by state: You could have as little as one year, or you might have more time. Surviving relatives of a car accident victim who was fatally injured will get additional time from the date of their loved one’s passing to file a wrongful death lawsuit.

These deadlines are strict, so you will be unable to recover any damages if you miss them. Therefore, you should get legal advice as soon as you can after a crash to ensure you do not file too late.

In a car accident lawsuit, you can potentially secure compensation for monetary and non-monetary damages. Monetary damages represent out-of-pocket expenses, while non-monetary damages do not have dollar amounts associated with them and can be more challenging to calculate. A trial may not necessarily be required if the defendant agrees to a just settlement, and our team will work to negotiate a swift resolution whenever possible.

Our car accident lawyers will fight to recover compensation for all losses, including:

Past, current, and future medical expenses
Lost earning capacity
Pain and suffering
Lost wages
Property damage

WHAT IF I WAS PARTIALLY AT-FAULT?

You may be able to get some compensation even if you were partially responsible for the accident. The rules surrounding partial compensation will depend on your state, but many operate on a “comparative negligence” system, meaning any finding of partial fault will only commensurately reduce your final award. In some states, however, you cannot recover anything if you are found to be at all to blame. We can walk you through the applicable laws and how they impact your case.

Contact Us for a Free Consultation

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info@pottsandwallace.com

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3737 Buffalo Speedway St., #1917, Houston, TX 77098

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