Car Accident Attorney in Houston
When you are in a car accident, Attorney Andrew Cobos has the experience you need to receive justice and fairness in the State of Texas. At our Houston Personal Injury Law Firm, we dedicate ourselves to helping clients in auto accidents pursue the highest monetary compensation possible.
When injured in a car accident, you have the right to compensation that covers your pain and suffering, injuries, and damages. Personal injury attorney Andrew Cobos hopes to help clients attain these resources to carry on with life with as much fulfillment as possible.
Thousands of vehicle accidents happen across Texas every day. While some minor accidents are simple to resolve, other wrecks cause much more serious damage. These can lead to medical treatment, extensive physical therapy, and potentially even lifelong injuries.
As Houston personal injury lawyers, we know that insurance companies will undervalue your claim. That’s how their business model works, more money in through premiums than paid out for claims.
Were You in a Car Accident?
When you are in a serious car wreck, you need a serious car accident attorney. The Cobos Law Firm believes in filing lawsuits quickly and resolving them in litigation. While other attorneys work to resolve a claim before they file a lawsuit, we know that this often leads to a less favorable outcome.
As one of the largest cities in the country, Houston is incredibly congested. Due to this, the odds of a car accident in the Houston area are quite high. At our personal injury law firm, we have helped thousands of injured individuals across Houston.
When you or a family member receive an injury from a car wreck, you will undoubtedly have questions about filing a personal injury claim. If you are not sure what to do next or how to handle property damage claims, a Houston car accident attorney can act as your advocate.
Before you talk to an insurance adjuster, we recommend speaking with a lawyer who understands the intricacies of a car accident as well as the insurance system.
At our personal injury law firm in Houston, we offer free consultations to victims of car accidents. When you want to discuss your rights, call our attorneys at (713) 234-5860 or contact us here.
We never charge for a consultation. Should we accept your case, please understand that we work on a contingency fee basis. This means that there is no upfront fee and no cost to you for our representation unless you win.
Should I Hire A Lawyer After a Car Accident?
When you have a car accident attorney on your side, they are there to advocate for your best interests. Some people feel that they can handle claims themselves and save on fees. Oftentimes, these people find that they are unable to settle in litigation for a reasonable amount. Moreover, at this point, it’s often too late for an attorney to turn things around.
While not every accident requires an attorney, it’s important to understand that insurance companies typically don’t want to pay out fair compensation. Their priority is their profit, and they want to save as much money as possible. For this reason, finding legal counsel before you discuss your claim is beneficial.
As a general rule, know that the more serious the wreck, the more likely an attorney should represent you.
Houston Car Accident Attorneys to Advocate For You
While minor claims do not require an attorney, a lawsuit is an entirely different beast. When you wish to file a lawsuit, we highly recommend working with a lawyer in Houston. Personal injury lawsuits often become incredibly complex to navigate, and an attorney will know how to handle these complexities.
We often find that those who believe they can handle cases on their own believe that the insurance company will be fair to them. Oftentimes, the truth is that people without legal representation do not have the same leverage in litigation or in a trial. When it comes to profit, fairness often goes out the window.
An adjuster may indicate that they accept liability, but that does not mean they will offer you the compensation you need or deserve. When monetary compensation becomes the subject, people often realize that the companies do not intend to offer reasonable damages.
How Much Time Do I Have to File a Car Accident Lawsuit?
For your free consultation with our Houston car accident attorney, we recommend having as much information available as possible. This will help us in filing your car accident claim as well as assessing potential damages for different types of injuries you might sustain in car crashes.
- The date of the car accident
- General location
- Police report information, including the case number
- The information of the negligent driver, including type of car
- Any photographs of the incident
- A summary of car accident injuries sustained
- A list of medical treatments for those injuries
- Information about your car insurance
- Details of any discussions with an insurance adjuster
- Whether you gave a recorded statement to the adjuster
Oftentimes, a straightforward traffic accident is more complex than it seems. In Houston, Texas, the local precinct or Houston Police Department investigates accidents. On occasion, Texas Highway Patrol investigates more severe crashes. When you work with our Houston Personal Injury Law Firm, we work to obtain the accident report and can provide you with a copy.
What Do I Need for My Free Consultation?
It is important to remember that there are time constraints on when a car accident lawsuit can be filed. This time period, called a “statute of limitations” refers to the point at which you will no longer be able to file a viable lawsuit following your Houston car wreck. These statutes of limitation concerning car accident cases vary from state to state. When it comes to personal injury and property damage claims, Texas gives you two years to file a claim with the court. While there are some exceptions to this period, it is important that you do not procrastinate.
Houston drivers contact the experts at Cobos Law Firm when they need to work with a car accident attorney. If you suffer because of a car wreck, your first instinct might be to take care of your health and mend. Oftentimes, individuals don’t bring in a car accident lawyer because the legal process sounds stressful.
The sooner you act, the better. Remember that when you hire a Houston car accident attorney our job is to REDUCE your stress. As your advocate, our goal is to relieve the stress that the legal process would put on you. Let us handle the process on your behalf so that you can take the time you need to heal.
How a Houston Car Accident Lawyer Helps You
Working with a qualified car accident attorney, Houston drivers have an advocate who takes the fight to the insurance companies. When individuals try to do this on their own, it often spells disaster for their case. Insurance companies thrive when they pay out as little as possible in car accident claims. If you sustain a serious injury in a Houston car wreck, you should not rely solely on the insurance companies to honor your situation.
Reach out to a Houston car accident attorney like Andrew Cobos. With legal representation, you gain guidance throughout the process, from claims and negotiations to lawsuits and trials. An experienced car accident lawyer can also work to reduce your medical bills, if possible. A trip to the emergency room can cost more than $20,000. If you require surgery and a hospital, these costs can skyrocket. It is crucial to hire a knowledgeable and experienced car wreck attorney to guide you through this challenging situation.
Is It Worth It to Get a Car Accident Lawyer in Houston, Texas?
If you’ve been in a car accident where you’ve suffered a serious injury, you absolutely should engage a Houston car accident attorney. In fact, you should do so before talking to any insurance company representative or adjuster.
For those who have been injured in an accident and who need a car accident lawyer, Houston area residents have the Cobos Law Firm to turn to. We understand intrinsically that insurance providers make their money from premiums, not by paying out claims. If their insured is responsible for an accident, the insurance company’s focus will be on minimizing the payout.
As a car accident lawyer in Houston, Andrew Cobos’s focus will be on you and getting you the full compensation you deserve.
Here’s How Our Personal Injury Firm Can Help
- We listen to your concerns and answer your questions.
- With your information, we determine who is liable for your pain and suffering.
- We work to file claims on your behalf.
- We investigate and provide the evidence required to prove injuries and damages.
- Our team presents this evidence in negotiations with the insurance company.
- If necessary, our team takes your case to trial to get you the compensation you deserve.
As your advocates, we take on the burden for you, using our strategic mindset to fight for the care you deserve so that you can move on with your life. While we handle the investigation and negotiations, you have the time you need to rest, heal, and endure any medical treatments you need without the added stress of the legal process.
When you work with the Cobos Law Firm, you gain peace of mind knowing that we have your best interests in mind. When the settlement offered by an insurance company doesn’t meet your needs, we are not afraid to take your fight to court. Our Houston car accident attorneys have the knowledge and expertise you need to attain the compensation you deserve.
Causes of Car Wrecks in Houston, Texas
If you don’t think car wrecks are a serious problem in Texas, think again. According to the Texas Department of Transportation, 256,338 people were injured in motor vehicle traffic crashes in Texas in 2019.
That’s one person being injured every two minutes and three seconds. Of all these injuries, nearly 16,000 were considered serious. Not surprisingly, a fair number of these wrecks can be attributed to a handful of causes.
Motor vehicle accidents have an array of causes that lead to a plethora of personal injury claims. Car accidents involve massive machines that can do a ton of damage, even leading to a wrongful death case.
Rear-end Collisions
Rear-end collisions are the most common kinds of car crashes often resulting in injuries to the neck and back. A rear-end collision may cause mild or severe whiplash. Crashes at higher speeds may result in spinal cord injuries, fractured vertebrae, or paralysis.
If you’ve been in an accident, even if you aren’t experiencing any pain, it’s best to be examined by a doctor. Not every injury makes itself known immediately, and if you do have a problem later due to the accident, your Texas auto accident lawyer will want documentation to tie the two together.
Drunk Driving
Texas is a proud state and number one in so many things, including oil and natural gas, livestock production, and higher education. It also has the unfortunate honor of having the greatest number of drunk driving accidents in the country. A 2017 report from the National Highway Transportation Safety Administration named Harris County as the Texas county with the most DUI fatalities. That same year Houston took the award as the number one city for DUI fatalities.
We sincerely hope that people never end up crossing paths with a drunk driver, but for those who have and who need a car accident lawyer, Houston has a friend in the Cobos Law Firm. When you engage Andrew Cobos as your Houston car accident attorney, you can count on him to go the distance for you and aggressively pursue compensation for damages sustained due to a negligent driver.
Speeding
It should go without saying that driving at excessive speeds is dangerous, and the risks only increase when speeding in heavily congested areas like Houston. Those who significantly exceed the posted speed limit or drive too fast in inclement weather increase the risk of losing control of their cars.
Additionally, if they don’t allow for a greater stopping distance and they rear-end a driver ahead of them, the crash is highly likely to be more severe. If you’re the victim of a car wreck caused by a speeding driver and are in need of a car accident lawyer in Houston, call the Cobos Law Firm, the very best in personal injury representation.
Distracted Driving
Distracted driving has always been a problem. Laughing, chatting or arguing with others in the car can pull a driver’s attention away from where it should be–on the road. The advent of cell phones and the ability to text has only made matters worse.
Since 2017 it has been illegal in Texas to read, write, or send an electronic message while driving. That means no texting. Period.
That law was created for the safety and protection of all drivers and passengers on the road, and juries don’t tend to look kindly on those who disrespect it. However, it isn’t always easy to prove a distracted driving allegation. If you’ve been in a car accident and suspect the offending driver was distracted by texting, it is possible to find out.
A good Texas auto accident lawyer can subpoena that driver’s phone records to see if it was in use when you were hit. When looking for an aggressive and experienced car accident lawyer Houston residents can turn to Attorney Cobos to get results.
Distracted Driving
Distracted driving has always been a problem. Laughing, chatting or arguing with others in the car can pull a driver’s attention away from where it should be–on the road. The advent of cell phones and the ability to text has only made matters worse.
Since 2017 it has been illegal in Texas to read, write, or send an electronic message while driving. That means no texting. Period.
That law was created for the safety and protection of all drivers and passengers on the road, and juries don’t tend to look kindly on those who disrespect it. However, it isn’t always easy to prove a distracted driving allegation. If you’ve been in a car accident and suspect the offending driver was distracted by texting, it is possible to find out.
A good Texas auto accident lawyer can subpoena that driver’s phone records to see if it was in use when you were hit. When looking for an aggressive and experienced car accident lawyer Houston residents can turn to Attorney Cobos to get results.
Head-on Collisions
There’s a reason median strips are installed between opposing lanes of traffic. All car wrecks are unwanted, but those caused by head-on collisions are often the most catastrophic. Common injuries from such collisions include brain and spinal cord injuries, multiple broken bones, and paralysis.
If you or a loved one have been injured in a head-on collision and you’re in need of the best car accident lawyer Houston has to offer, contact Andrew Cobos at the Cobos Law Firm right away. He can help get you the compensation you deserve.
Steps to Take After a Car Wreck: Tips from a Houston Car Accident Attorney
Being involved in a car accident is like having the rug pulled out from under you. You may feel frightened or distressed or be confused about what to do. When you need straight advice from a car accident lawyer Houston area residents know Attorney Cobos will offer sound judgment. Here are a few tips:
Seek Medical Attention
If your injuries are serious, an ambulance will be employed to whisk you off to the hospital. However, not all injuries are immediately evident and the attending police officer may only ask if you want medical attention. Even if you’ve only sustained a minor injury, it’s best to have yourself checked by a doctor.
A small ache in your back that you originally thought would disappear after a hot bath, might turn out to be more serious. Put your mind at ease and take the extra step to document any and all injuries with a medical professional. Your Texas auto accident lawyer may need that information later.
Take Photos
Cell phones and driving are not a good mix. However, cell phones can be absolutely helpful after an accident for taking pictures at the scene. If you are able, take as many pictures as you can and from a variety of angles. These could prove to be very useful to your Houston car accident attorney when putting together your case and recreating the accident scene.
Exchange Information
This is another good reason to call the police. They will obtain insurance information from all parties and include it in the filed report. Additionally, if the offending driver had passengers, be sure that the police include their names and contact information in the report. If a suit is filed, your Texas auto accident lawyer may need to reach them for witness statements.
Car accident claims should be filed. However, it is important to discuss your case with your legal representation before you talk to the other person’s insurance adjuster.
Call 911
In the aftermath of a car wreck, it’s not uncommon to be in denial and think a situation isn’t quite as bad as it is. The offending driver might also try pushing you to settle things privately without involving the police or insurance companies.
However, no matter the intensity of the accident, it is always best to call 911 and involve the police. They will investigate the scene and file an accident report, which will be available to all parties. If that nice, apologetic driver suddenly disappears, you’ll be glad you took this necessary step.
Safety First
Following a car wreck, you’ll want to get to safety as immediately as you are able. If you’re in a traffic lane and can move your car onto the shoulder, you should do so. Check to see if your passengers and the people in the other vehicle are okay or if anyone needs medical attention. There will be plenty of time later to hash out what happened.
Call Andrew Cobos: Car Accident Lawyer in Houston, Texas
Andrew Cobos is the best car accident lawyer Houston has to offer and is well-respected for his successful track record with personal injury cases. That success is largely due to his personal involvement in every one of his firm’s cases.
Oftentimes, attorneys at other firms will try to settle claims out of court, but Andrew Cobos takes a tougher stance preferring to quickly file lawsuits and litigate. That aggressive approach has served his clients well often leading them to far more satisfactory results. When you want the best car accident lawyer in Houston, call Andrew Cobos at the Cobos Law Firm.
What Is the Average Settlement Offer for a Car Accident?
This is a question with no simple answer. There are simply too many variables. While damages to your car and costs for a temporary vehicle, while it is being fixed, can be easily determined, a settlement for medical costs, ongoing care, and your substantial pain and suffering can be far more complicated to determine.
There will also be present and possible future lost wages to consider. A good Houston car accident attorney will aggressively tackle all of these issues to get you the best settlement possible. Consider some of the costs:
Long Term Considerations
Serious car accident cases sometimes result in permanent injuries or disfigurement. They may limit your ability to advance in your job or even work at all. You might experience chronic pain.
You may need long term treatment and care. The mental anguish and loss of ability to live your life as you had previously can be debilitating.
All of these issues will play a role in the settlement of your case. When you need a serious car accident lawyer Houston is fortunate to have Andrew Cobos to turn to. He works hard to get his clients a settlement that can best help them get on with their lives.
Hospital Admission
Once you’re formally admitted to the hospital, your bed alone can cost you around $2,750 per night or more. Services like x-rays, lab fees, and pain medications will be additional. And then there are surgeries.
Whether you need one or multiple surgeries, these costs can run into the tens of thousands of dollars. You may also need physical therapy, which can cost as much as $350 per session.
Emergency Room
If you’ve been severely injured in a car accident, the costs start mounting from the moment you are put into an ambulance. Even a short ride in an ambulance can run about $1,000. There’s a reason why health care costs are so high in the United States. When you’re transported to a hospital emergency room, several medical personnel will become immediately involved in your care and that care will be reflected in costs ranging anywhere from $1,000 to $20,000 or more.
Personal Injury Lawsuits with A Car Accident Lawyer Houston
If you’re concerned about the costs of hiring a Texas auto accident lawyer, understand that at the Cobos Law Firm, we take cases on a contingency fee basis, meaning you don’t pay any attorney fees or expenses until you choose to settle your case. If you’ve been injured in a car accident and need to find the very best car accident lawyer Houston has to offer, speak to Attorney Andrew Cobos now. He will be in your corner every step of the way.
Car Wrecks and Texas Insurance Laws
In the State of Texas, drivers must carry a minimum amount of liability car insurance. When someone drives without auto insurance, they face fines up to $1,000 as well as the suspension of their driver’s license for up to 2 years. There are the car liability insurance minimums in Texas:
- $60,000 per accident
- $30,000 per injured victim
- $25,000 for property damage
When someone drives without insurance, the State also has the option to add administrative fees to their license renewal. After a ticket for driving without insurance, people face a maximum surcharge of $250/year on top of the fees they pay for renewal.
Additionally, after someone is caught driving without insurance, their rates for purchasing plans rise. That’s why, as your Houston car accident attorney, we recommend that you at least carry the minimum in car insurance coverage.
Car insurance in Texas is based on fault. This means that they victim of a car accident has the option to hold the liable party accountable for property damage, injuries, and other losses. In a car accident case, you file a claim against the other driver’s liability insurance policy and recover damages from that policy.
Still, when the insurance does not cover your losses or when the at-fault driver is uninsured, you have the option to seek additional compensation in court. Should the court hold the at-fault driver accountable, it can order these payments regardless of their insurance limitations. When working with our car accident lawyers, Houston car wreck victims have an advocate who understands how to hold negligent drivers accountable.
Common Types of Car Accidents
Every day in Houston, car accidents occur. Studies show that these accidents tend to happen within five miles of someone’s home, when then feel more relaxed. As experienced Houston car accident attorneys, we’ve heard far too many stories about car collisions in our city.
Below are a few of the most common types of car accidents.
Side Impact or T-Bone Collisions
Also known as a “T-Bone” collision, these side-impact accidents occur when someone’s car impacts another or a fixed object. T-bone collisions often result in severe damage to the vehicle, and the personal injuries are often far worse than other types of accidents.
Rear-end Collisions
Causes of rear-end collisions vary, but most commonly they occur when there’s a sudden change in speed while a driver is following someone too closely. Typically, the driver who hits the car in front of them is at-fault, unless there is evidence to suggest intent of the driver in front.
Rollover Accidents
In a vehicle rollover accident, a vehicle flips over onto the side or roof. This often happens in SUVs or vehicles with a high center of gravity during a sharp turn at a high speed.
Single Car Accidents
This occurs when a negligent driver strikes an object or a person.
Sideswipe Collisions
A sideswipe collision happens when two parallel cars collide. Oftentimes, the damage and injuries are limited in these accidents.
Hit and Run Accidents
In a hit-and-run accident, the negligent driver immediately flees the area without themselves.
Head-on Collisions
This type of collision occurs when two cars’ front ends collide. Oftentimes, these car accidents are fatal.
Multiple-Vehicle Collisions
Commonly referred to as “pile-ups,” these collisions often occur on busy freeways and highways. They tend to involve multiple impacts between vehicles unable to avoid each other.
No matter what type of car wreck you experience, you need an experienced, aggressive attorney on your side. At Cobos Law, our Houston car accident attorney has the strategic mindset required to hold negligent drivers and their insurance companies accountable. Contact us today to schedule your free case evaluation and see how our team can help you.
Speak to a Houston Car Accident Attorney Now
When looking for an experienced and serious car accident lawyer Houston area residents place their faith in the Cobos Law Firm. We are selective with our cases, but if we take on yours, you can trust we will dedicate substantial time and resources to your lawsuit and get you the maximum compensation you deserve.
When you call our office for a free consultation, be prepared to share details of your car accident such as the date and location, the police report information, and information on the negligent driver including their type of car. We’ll also want to know about your injuries and the medical treatment you received, damages to your car, and any details or discussions you had with an insurance adjuster. If you took photos of the incident, we’d like to see those too.
How Does a Houston Car Accident Attorney Investigate a Car Wreck?
While some collisions are straightforward, many Houston car accidents are more complicated. When a driver runs a red light, fails to yield to the right-of-way, or collides with a vehicle from behind, the case is often clear cut. In recent years, distracted drivers contribute to a larger portion of car accidents. Oftentimes, this is because people have their eyes on their phones instead of on the road.
When we suspect distracted driving to be the cause of an accident, the investigation often includes obtaining the cell phone records of the negligent driver. In a personal injury lawsuit, this is part of the discovery process. Additional information from the scene might also be necessary.
When you work with our Houston car accident attorneys, we often examine security cameras in the area that may have documented the collision. Similarly, dash cameras and police body cameras can be prominent evidence in car wrecks that involve commercial vehicles, such as 18-wheelers. Our investigation depends on the specifics of your case. However, a car accident investigation might include any of the following:
Documentation of Crash Site
When necessary, our car accident attorneys hire investigators and accident, reconstruction experts. Houston drivers know how dangerous the roads can be, but our team understands exactly what to look for at the crash site. Our inspection of the site might include measuring skid marks, documenting debris in the road, looking for additional relevant evidence, and documenting the scene via photographs.
Interviews
Our attorneys and investigators conduct interviews with witnesses to ensure that all Defendants are held accountable. An eyewitness can be vital to your case, and for this reason, you should gather the contact information of anyone at the scene of the crash.
Witness Identification
People often rely upon the police to complete a report that documents the names, addresses, and observations of individuals who witness a car wreck. Often, however, a police officer will unintentionally overlook a witness or document incorrect information. For this reason, our Houston car accident attorneys seek out witnesses of benefit to your case, particularly in the case of a severe loss such as wrongful death.
Determining Shared Responsibility
Our attorneys seek out any potential parties that may share responsibility or liability in causing the injuries sustained in your accident or the accident itself.
Researching Negligent Driver
Our Attorneys seek out prior convictions, records of car accidents, and results of citations or tickets issued previously to the negligent driver.
Determining Job Status
In certain cases, the driver is “on the job” at the time of the collision. Such a status has the potential to alter the course of your case and may even cause the driver’s employer to have liability. As with any personal injury claim, it is important to consider the amount of insurance coverage available. When the negligent driver was on the job at the time of the crash, they might be covered by the company’s commercial insurance.
The presence of a commercial policy means that insurance policy limits are far higher than the statutory minimum in the state of Texas. At the Cobos Law Firm, we strive to discover all possible ways for our clients to make a full recovery.
Catastrophic Injury or Wrongful Death
In cases that involve wrongful death or catastrophic injury, we might pursue a detailed evaluation of the vehicles involved in the collision. For our Houston car accident attorneys, these inspections may uncover yet another avenue for claims should there be a design or manufacturing defect in one of the vehicles. Examples of product defects include airbags not deploying or the recall of a defective car.
A significant aspect of hiring a Houston car accident attorney is the potential to uncover multiple claims in a single case. When you have an experienced personal injury attorney as your advocate, you are on the right path to protect your future.
Car Accident Attorney FAQs
If you are involved in an accident with an uninsured motorist, you will need to find insurance coverage to assist with medical bills and other damages. Some insurance companies offer coverage for uninsured or underinsured motorists.
People are not always aware of what insurance coverage they have. Always check with your insurance for details on your coverage and contact an attorney for questions regarding your accident.
If there is evidence to show your mechanic is at fault for your car accident and you sustained injuries because of their negligence, then you can file a lawsuit. This type of case often arises when a mechanic says that they replaced a defective part of the car, such as used brake pads, but it did nothing.
Talk to a Houston Car Accident Attorney Immediately if You Made a Mistake While Driving
If you made a mistake while driving it could a very serious mistake. Oftentimes, what seems like a simple traffic accident quickly becomes a complex problem. The complications mount when multiple vehicles are involved, or when the responsible party is underinsured. After a car accident, you feel upset, stressed, and drained—these reactions multiply when you realize how expensive and time-consuming these situations are. That is why you need a Houston car accident attorney who is compassionate, understanding, and experienced.
At our personal injury law firm, we strive to make your legal process pain-free and stress-free so that you can focus on healing. Let us fight on your behalf to help you attain the best results possible for you and your loved ones.
Andrew Cobos and his team believe in treating people with the respect and dignity that they deserve. We understand how vulnerable people feel after an accident and how stressful mounting medical costs can feel. That’s why we put our strategic mindset to work for you. We use our experience to fight tirelessly and recover as much as possible for your claim. And you don’t have to pay us a dime unless and until we win for you!
Insurance companies often use the complexity of car collisions to deny liability or to underpay medical costs. Dealing with insurance companies can be a nightmare because their primary goal is to pay out as little as possible. After you make a mistake while driving, causing a car wreck in Houston, it is essential that you do not sign anything until you have consulted with a trusted car accident lawyer. Houston drivers risk losing the compensation they deserve when they don’t have an advocate on their side.
If you don’t want to deal with the headache and prefer to settle, call our team! We offer free case evaluations to personal injury victims. Your free consultation is an opportunity to share your story and see how our team can help you get more from your claim.
What if I made a mistake while driving?
As Houston car accident attorneys, we often meet drivers who know they made a mistake while on the road. Too often, they assume this means they have no right to compensation. Sometimes, they don’t even file a claim. Don’t make this mistake.
In Texas, a driver who is partially responsible for a car accident can still recover some compensation due to a “comparative fault.” This legal concept applies to situations in which an injured victim may hold some fault in the accidents. In such cases, Texas applies a “modified comparative fault” standard. This allows car accident victims to recover partial compensation even though they made a mistake while driving on the road.
Comparative fault recognizes that, while you share fault, someone else is MORE at fault. In turn, they can still be held partially liable for losses you endured. Following the 51% bar rule, a person does not have the right to seek compensation when they are at least 51% responsible for the accident. However, 49% fault or lower means you have the right to recover damages.
The degree of fault if you made a mistake while driving can lower the recovery amount, but it does not prevent a recovery completely. The degree of fault is a determination made by a jury following the presentation of evidence and arguments by the lawyers. You need an experienced advocate on your side, which is why you should call the Cobos Law Firm.
A Houston car accident attorney will understand how difficult the legal process can be following a car wreck. Regardless of fault, the other party’s insurance company may reach out to you. This is because they want to gather additional information about your case, but also so that they can frame what happened in a light that works best for them. For these reasons, it is best for you to direct those insurance adjusters to an experienced car accident lawyer like Andrew Cobos.
When you discuss the accident with the liable party’s insurance representative, you risk jeopardizing your compensation for damages. No matter how clear fault may seem, insurance companies want to minimize payouts. Some may even try to shift fault to you, depending on how you speak about the collision.
With our car accident legal team, you gain advocates who take on the burden of these matters for you. Call us today to schedule a free consultation, and don’t speak to anyone about the accident aside from your doctor and attorney.
You Bear No Obligation to Speak to Other Insurance Companies
There is no Texas law that obligates you to speak to the liable party’s insurance company after a car accident. Instead, seek out legal representation from an experienced Houston car accident attorney like Andrew Cobos.
With our lawyers on your side, we guide you through the process and handle the negotiations on your behalf to pursue your best interests. Let us help you determine when and why it is necessary to speak to insurance representatives.
What to Do
When you sustain a car accident injury, it’s fine to allow the other driver to contact their insurance company. However, your priority is to seek medical care. It is essential that you take care of yourself first. Additionally, a doctor will be able to determine the extent of your injuries and determine a treatment plan. Your Houston car accident attorney can then build a case for damages based upon current and future medical costs.
If possible, at the time of the accident, document the accident scene by taking pictures and obtaining witness information. Also be sure to give a clear, concise statement to the police. However, you should not speak to any insurance providers at this time aside from your own. Even then, they can wait.
That’s why you should work with a car accident lawyer in order to shift the weight of this responsibility. Let our team speak with any insurance companies involved and fight to protect your future.
When Is It Okay to Talk to Insurance Companies?
It’s rare that you would need to engage with another person’s insurance company. If the other driver is at fault and unwilling to participate in the process, you may need to explain your side of the story. However, your car accident lawyer will help you manage this process and make sure you know what to say and what not to say.
Without the other driver’s cooperation, the process can become a bit more complicated. As your lawyers, however, we engage the insurance company on your behalf. If you ever feel the need to talk to another person’s insurance company or feel pressure for them, you can redirect them to your Houston car accident attorney. Once you provide our team’s information, they should no longer contact you directly.
Houston Car Accident Attorney: Tips for Speaking with Insurance Companies
It is important to remember that the liable party’s insurance company wants to lower their payout for your damages. Their team may seek out evidence that shifts liability and fault to you. Should they succeed, it lowers your chances of gaining the compensation you need for proper recovery.
When you talk to an insurance representative, avoid saying anything that may sound like you were at fault. Additionally, do not minimize your injuries. Oftentimes, car accidents result in injuries that reveal themselves after time passes, called latent injuries. That’s why it is key to continue with recommended medical treatments and keep your doctor and car accident lawyer informed.
Be sure that you do not provide any information outside of what the representative asks. Give your account of the car wreck without speculation and try to be confident in your statements. Avoid claims that you cannot prove. If they ask for any critical or sensitive information, be sure to direct them to your car accident attorney.
It’s normal for people to feel overwhelmed after any type of accident. When you enter panic mode, it’s easy to misspeak or let something slip. If you’re in a confused or concussed state, your account of the accident might even change. That’s why it is essential to have a Houston car accident attorney on your side to act as your advocate.
5 Things Insurance Adjusters Don’t Want You to Know
As Houston car accident attorneys, we know that being in a car wreck is hard enough in itself. When you have to deal with an adverse insurance adjuster, the frustration only mounts. Unfortunately, it also has the potential to hurt your case. Here are five tips for dealing with the other person’s insurance company.
#1 Taking Responsibility Doesn’t Mean Paying Fair Compensation
One common adjuster trick companies use to deter people from hiring a Houston car accident lawyer is accepting responsibility or acknowledging that their insured driver was at fault. Oftentimes, they admit this early on because they believe that you will handle the case on your own without hiring an experienced personal injury attorney.
Once they convince you that they accept responsibility, the company wants you to assume that they’ll offer a fair settlement. However, this is a mistake. Insurance companies regularly underpay when they make their first offer.
Unfortunately, when you don’t hire a car accident attorney early on, it does damage to your case. A good rule to follow is this: The more severe your injury, the more likely it is that you need a Houston car accident attorney. When you have an advocate on your side, you have a much better chance to gain a full, fair settlement.
#2 You Are Not Obligated to Provide a Recorded Statement
Oftentimes, adjusters tell car accident victims that they have to make a statement in order to provide compensation. Typically, this is when they’re handling a property damage claim. They want you to feel pressured to provide a recorded statement.
While there are some instances where you might need to give a statement, such as dealing with YOUR insurance company, it’s important to consult with an attorney before you speak to anyone. Your auto accident lawyer will tell you when it’s necessary to provide a statement. Moreover, we’ll handle the communications on your behalf.
#3 They Will Use Your Statement Against You
Providing a statement to the other person’s insurance company is often a mistake. Insurance adjusters are well-versed in taking statements in a way that elicits admissions from innocent victims.
Their goal is not to learn your side of what happened or even about your injuries. They want information – on the record – that undermines your case. If you speak to an insurance adjuster, expect questions about how the accident happened that veer towards your potential responsibility.
- Did you hit the brakes?
- Where were you looking?
- Do you have a phone? Were you using it?
- Did you have your seatbelt on?
- When did you notice the other vehicle?
These questions are a clear attempt to elicit responses that help them defend their case. Oftentimes, they throw in questions that serve no purpose aside from potentially throwing you off-balance.
#4 They Will Target Your Medical Treatment
Oftentimes, people are surprised to learn that insurance companies will target the medical treatment that their doctors provide. This is especially surprising when they feel like the insurance company already accepted responsibility.
- “We don’t allow that.”
- “That’s not included.”
Likely, you’ll hear phrases like these directed towards your treatment, which your doctors deemed necessary. They want to make it seem as though it’s not satisfactory to their settlement or claim. Through this method, they attempt to reduce what they cover when they pay you – if they pay you at all.
When you hire a Houston car accident attorney, you have someone to protect your rights against these adjusters. We use our strategic mindset to work around their petty attempts to conserve profit. These statements don’t mean your medical treatment is unreasonable or unnecessary. It only means they are willing to use whatever tactics they have to reduce your compensation.
This tactic is particularly vile because it leaves victims footing the bill for their medical treatment. The best way to combat this is to have an aggressive car accident lawyer on your side to fight them off.
#5 Severe Injuries Require Aggressive Representation from a Houston Car Accident Attorney
Oftentimes, the truth of the matter comes down to the fact that severe injuries require aggressive representation. When your case involves surgery, a permanent disability, or a wrongful death, you need a Houston car accident attorney who knows how to get full and fair value for your case.
The more serious the case, the more likely it is you need a personal injury attorney.
Insurance companies become large corporations because they know how to avoid fair payouts. In addition, there are numerous other issues to deal with in order to maximize your settlement.
With a serious injury, you need a serious car accident lawyer. At Cobos Law, we help victims throughout the process, acting as their advocates to protect their rights and pursue better compensation. When the insurance companies refuse to pay a fair settlement, we are not afraid to take them to court.
Call 713.234.5860 now to schedule a free case evaluation. Share your story with us, and let us show you that we are the aggressive advocates you deserve.
When to Seek Medical Attention After a Car Accident
With a car accident attorney, Houston drivers who experience a collision should seek prompt medical attention. This is essential for both your personal health but also your personal injury claim. Oftentimes, people mistakenly believe their injuries will go away and don’t seek medical attention.
Later, they realize the extent of the injuries is more far-reaching than they thought. When you sustain an injury in a car wreck, insurance companies look for any excuse to reduce your payout. If they are able to discount your medical treatment or call it into question, it leaves you with a mountain of debt.
You can expect an insurance adjuster to question just about anything related to your claim. They might think it was too long after the accident or too soon after the wreck. Adjusters tend to indicate that people waited too long to get treatment or a proper diagnosis. They use this to claim that they aren’t sure whether the injury was sustained in the accident at all.
Moreover, adjusters often indicate that certain treatments aren’t medically necessary because the right amount of time hasn’t passed. For instance, if you can an MRI after an accident, the insurance company would rather you wait until later to get the necessary tests.
No matter what they say, it’s vital that you follow whatever treatment your doctor recommends without worrying about what the insurance company believes. While adjusters might prefer their judgment, they are not doctors, and your health is far more important than what they think.
You Might Need Advanced Testing
Oftentimes, people are “discharged” from emergency care and instructed to follow up with a doctor. However, only an MRI or CT scan provides a proper diagnosis of your condition. Typically, emergency care centers only run these tests when they suspect severe injury.
If you have health insurance, be sure to submit any bills to your provider for payment. If your provider does not want to cover injuries caused by a car accident, contact the Texas Insurance Commissioner to file a complaint. Your Houston car accident attorney is available to advise you throughout this process.
For those without health insurance, you may need to pay out-of-pocket, visit a hospital emergency room, or locate a medical provider willing to let you pay them from the proceeds of your settlement. If you have an issue locating a physician, contact our personal injury team immediately.
Prompt Care Is Essential
As your Houston car accident lawyer, we want you to understand how important it is to seek out prompt medical attention. As we stated above, delays in medical treatment allow the adverse insurance company to claim the accident was not the cause of your injury. This is something they may attempt regardless of what the facts of your case are.
Oftentimes, the defense teams for insurance companies have doctors who testify before insurance companies regularly. Typically, they retain them because these doctors state that medical treatment was unnecessary or excessive. This is what is known as a defense medical examination.
The doctors who perform this service for insurance are infamous for their opinions that victims of car accidents are exaggerating about their injuries. For example, a highly used doctor in the Greater Houston Area once claimed that the victim required no further treatment after they left the emergency room.
It is rare that a visit to an emergency room requires no follow-up, but the insurance companies are not on your side. Their job is to preserve their profit. When you have questions about a personal injury claim or just want to understand your rights, contact our Houston car accident attorneys as soon as possible.
Schedule a free case evaluation, and let us show you our personal injury firm will fight to protect your future.
- DO: Seek immediate medical care for all injuries incurred during the accident.
- DO: Contact an experienced and trial-tested personal injury lawyer as soon as possible after the incident.
- DON’T: Admit that you were responsible for causing the accident, or even apologize, even if you are unsure who caused the accident.
- DO: Photograph the scene of the accident including the scene, vehicles, and any other significant evidence.
- DO: Gather contact information from observers and other potential witnesses.
- DON’T: Speak with any insurance adjustors before speaking with a personal injury attorney first.
- DO: Call the police and request a police report.
We encourage our clients to cooperate with their insurance company but suggest that they do wait to provide any type of statement until they have spoken with an attorney first. This includes discussing any injuries or details about the accident. Call our office for a free consultation!
The Cobos Law Firm is known for its successful record in personal injury cases and is always striving to achieve full compensation for our clients. Attorney Andrew Cobos is involved in each case and works closely with his clients. The personal involvement of Andrew Cobos is a differentiator when compared to other law firms that only have associates or even case managers responsible for the case.
Texas personal injury protection (PIP) is coverage that must be offered to you by your auto insurance company. This coverage can be rejected if you so wish. Personal Injury Protection provides extra coverage regarding medical bills, lost wages, and other damages.
Personal Injury Protection is referred to as a “no-fault” coverage meaning the client should be covered regardless of whether they caused the accident or not. Contact our office with any questions regarding a car accident or personal injury protection claim!
When looking for an attorney to represent you, experience, as well as success, should be your top priority. You should verify that your attorney has experience with cases like yours and ha a track record of obtaining compensation for their clients in personal injury cases.
Most car accidents cause some type of disagreement between the parties involved especially when questioning who is at fault for the accident. We recommend documenting all possible information at the scene of the accident to prevent any later confusion. This will also help to prevent the Defendant from changing their story after you have left the scene of the accident.
Photos or videos of all vehicles, physical damage, and positions of vehicles following the accident are all very helpful in a personal injury case. In addition, make sure to record the contact information of any witnesses to the accident.
When handling an intoxication wreck case (also known as a Dram Shop case), all information can be relevant and helpful as evidence. The location of where the defendant got drunk, witnesses at the bar, and who provided alcohol to the intoxicated driver are all important elements in Dram Shop cases.
Many intoxication wreck cases have the possibility of exemplary damages. These damages may not be covered by insurance, but in such cases, the bar owner will likely have insurance.
In the state of Texas, a lawsuit involving a car accident will be filed against the driver and not against the driver’s insurance company. Some insurance companies offer uninsured or underinsured motorist coverage which can provide extra coverage if the defendant’s insurance will not cover all of the damages from the accident.
Contact Andrew Cobos, Houston car accident attorney, today for a free case evaluation.