How Do Car Accident Lawsuits Work in Houston Texas?
Feb 12, 2021
Texas car accidents are the leading cause of preventable injury throughout the state. According to the Texas Department of Transportation, there is a car accident every 58 seconds, someone is injured every two minutes, and a motorist is killed every 2.5 hours. Texas car accidents are a serious problem that affect tens of thousands of families each year.
When someone is injured in a car accident, they can hire a Houston car accident lawyer to bring a personal injury claim against the party or parties they believe to be responsible for the collision. Not every car accident will result in liability. To successfully bring a car accident claim, an injured motorist must present evidence showing each of the following:
- The other driver owed the accident victim a duty of care;
- The other driver violated, or breached, that duty of care;
- The other driver’s breach of duty resulted in the accident victim’s injuries; and
- The accident victim suffered economic and/ or non-economic damages.
All motorists owe others on the road a duty to operate their vehicles safely and responsibly and in accordance with the rules of the road. This element becomes disputed with conflicting versions of what transpired by parties involved and witnesses. It is in these situations that a personal injury attorney can be most helpful with the ability to call on experts in the field or accident reconstruction to clarify what happened and who was at fault.
After the responsible party’s duty is clearly established, experts, as well as evidence collected by personal injury attorneys and their staff, can set forth how these duties were breached. This often comes in the form of cell phone records establishing that a driver was distracted by texting at the time of the collision, or witness statements that set forth in an affidavit the number of drinks a driver had consumed just prior to a collision, or how the driver passed them at a high rate of speed moments before the collision.
Once an injury attorney establishes the at-fault driver caused the collision by breaching a duty to the victim, the next hurdle they can assist with is the link between the victim’s damages and the collision. In Texas, there are two types of actual or “compensatory” damages: economic and non-economic. Economic damages are meant to compensate a claimant for actual economic or pecuniary loss and can often be determined by presenting receipts, medical bills or through the testimony of an expert witness. Examples of economic damages include the following:
- Medical expenses in the past and future
- Loss of earning capacity in the past and future
Non-economic damages are more subjective in nature. Examples of non-economic damages include the following:
- Physical pain in the past and future
- Mental anguish in the past and future
- Physical impairment in the past and future
Both economic and non-economic damages are crucial to ensuring that an accident victim is fully compensated for their physical and emotional injuries resulting after a car accident.
Reach Out to a Houston Injury Lawyer at The de la Garza Law Group
At The de la Garza Law Group, we know that no two cases are the same. Every client is special. Every case is personal. We know that in order to help our clients obtain the justice they deserve, we must get to know our clients and how the accident has impacted their lives. For this reason, we spend significant time getting to know the details of each client’s case and always maintain awareness of the client’s goals for the representation.
If you were recently injured in a car accident, contact The de la Garza Law Group today. We offer a free, no-obligation case evaluation. To learn more, call 713-784-1010, or call toll-free at 844-784-1010.
We proudly represent clients throughout Texas, including all major metropolitan areas. We represent many clients throughout the greater Houston area, including Harris County, Fort Bend County, Galveston County, Brazoria County, Jefferson County, Chambers County, Waller County and Montgomery County, including The Woodlands, Pearland, Pasadena, Baytown, Clear Lake, Galveston, Conroe and Sugar Land.