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Unique Aspects of Car Accidents in Houston

If you have never engaged in a civil lawsuit before, you may find it more complicated than you initially thought. There are several unique aspects of car accidents in Houston that could impact your claim. Given how challenging these claims can be, it is in your best interest to move forward with help from a tenacious car accident attorney.

Common Causes of Auto Accidents

The most common types of vehicle crashes are rear-end collisions, intersection collisions where someone ran a light, and lane change accidents. At the core of any of these situations is distracted driving. It is assumed every accident was caused by distracted driving until somebody can prove otherwise.

With a rear-end collision, there could be questions about the time and distance the vehicle had to stop. With the intersection collision, witnesses are crucial because there are often two drivers saying they both had a green light, and a witness or video can confirm which party ran the red light.

The lane change cases can be difficult when there is a dispute. These days, there are a lot of video options – on a dashcam or on a traffic light or a business – and if a lawyer can obtain those videos, that will often prove the case.

Distracted driving is often the result of a cell phone, which comes with preservation of evidence issues. A Houston lawyer needs to let the other driver know not to alter or destroy their cell phone. It is important to get the record and potentially prove what the defendant was doing at the time of the crash instead of paying attention to the road.

Recovering for Medical Bills in Texas

In Texas, a plaintiff can only go to court to collect their outstanding medical bills that were “actually paid or incurred.” If their bills have been reduced because their health insurance had a negotiated rate that was far less than what they were billed, they cannot recover for the full unadjusted amount. They are not allowed to go to court with the billed amount, they only go to court with what was actually paid. If they have health insurance, they could end up in court with bills that appear to be much lower than if they did not have health insurance. This is a unique aspect of car accident claims that a Houston attorney needs to discuss with the plaintiff.

Is Houston a Contributory or Comparative Negligence Jurisdiction?

Houston is a comparative negligence jurisdiction, but if the plaintiff is more than 50 percent at fault, then they cannot recover damages at all.

An experienced lawyer who has tried many jury cases in their career knows that when a jury is given an option to put some fault on a party, they rarely put zero fault. Even at an intersection collision, it is not uncommon to see the driver who unquestionably ran the red light to be deemed 95 percent at fault; but the jury might still place 5 percent on the driver who had a green light yet did not look to see if someone was running the light.

Lawyers are always looking for aggravating factors to keep blame on the defendant. If they can absolutely prove someone was on their cell phone, then that increases the value of the case. That factor upsets many jurors, just like drinking and driving.

Learn More About Unique Aspects of Car Crashes by Calling a Houston Attorney

You need the best legal counsel on your side when you are pursuing an economic recovery for your injuries. The personal injury team at Schechter, Shaffer & Harris has years of experience in settlement talks and court litigation. Schedule a consultation with us and learn about the unique aspects that may be involved in your Houston car accident case.

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