Car Accident Attorney
in Missouri City, Texas

According to the recent statistics from Missouri City Open Data Initiative, there were over 2,000 automobile accidents across the city in 2019 alone. With a population of about 75,000, that means that about 2.7 percent of all citizens in Missouri City, Texas, have been involved in an accident. Of course, residents are mobile and can be subject to roadway accidents anywhere throughout the areas of Houston, The Woodlands, and the Sugar Land metropolitan region.

Injuries and fatalities are, unfortunately, often the result of automobile accidents, and those who are injured or have lost loved ones are often left wondering what their options are for obtaining just compensation. Are they bound by whatever their insurance providers offer them?

If you or someone you love has been injured or lost their life in an auto accident in Missouri City, or the surrounding communities of the Greater Houston area including Sugar Land, Katy, or Pearland, Texas, contact my firm, K.E. Bradley Attorney & Counselor at Law. I have spent years helping victims who have been injured in car accidents receive the just compensation they deserve.

Who Is Liable for an Auto Accident in Texas?

Texas is considered an at-fault state. No-fault states require you to recover claims from your own insurer unless special circumstances allow you to sue the other driver. However, in an at-fault state like Texas, when you have been injured by the negligence of another driver, you have three options:

  • Report the accident to your insurance company, which will then seek a subrogation claim against the at-fault driver’s insurer
  • Report the accident and file your claim with the other driver’s insurance company
  • File a personal injury lawsuit against the other driver

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Injured in an Accident?

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Successfully Proving Liability

To win your claim against the other driver, whether through an insurance settlement or lawsuit, you, your insurer, or your attorney must show that:

  • The other driver had a duty of care toward you (by law, all drivers must exercise reasonable care and attention toward others)
  • The other driver breached their duty of care (that is, they failed to exercise reasonable care and attention)
  • This breach of care resulted in your injury

Texas Insurance Requirements

Texas law requires all drivers to carry minimum liability insurance known as 30/60/25 coverage. The 30 stands for a personal injury limit of $30,000 for one person injured in an accident, while the 60 refers to the total personal injury cap of $60,000 for all persons injured in an accident. The 25 refers to $25,000 of liability coverage for damages to the other driver’s vehicle and property.

If an accident results in claims exceeding these limits, the driver will be responsible for making up the difference. Therefore, it is always a wise choice to purchase higher limits.

State Laws Affecting Personal Injury Claims

You should be aware that the Texas statute of limitations for a personal injury legal claim is two years from the date of the accident. Insurance companies, however, are unlikely to honor a claim that is not filed within a few days of the accident. Their policies contain stipulations about timely reporting, which can void your claim if you wait too long to inform them of your accident or injuries.

Modified Comparative Negligence

You must also take into consideration the Texas legal standard of modified comparative negligence. While the other driver may have ostensibly caused the accident resulting in your injuries, you too can be held liable for any part you played in the accident.

Say, for example, you have been rear-ended at a stoplight, but at the time of the accident, one of your brake lights was not functioning. The insurance claims adjuster, or jury in a trial, will use the modified comparative negligence standard to assess your level of fault in the accident. 

If you are found to be 20% at fault for the accident, your insurance settlement or court reward will be reduced by 20% to account for your level of fault for the accident. If you are awarded compensation for medical expenses and lost wages in the amount of $100,000, and you’re judged to be 20% at fault for the accident, you will only be eligible to receive $80,000 — as the $100,000 settlement will be reduced by 20%.

Additionally, if you are found to be more than 50% at fault for the accident, you will not be allowed to recover any compensation.

Filing a Wrongful Death Lawsuit

In Texas, wrongful death is said to have occurred under any of the following circumstances:

  • An injury causes another person’s death or a fetus’s failure to be born alive
  • The injury is caused by another person's or entity's "wrongful act, neglect, carelessness, unskillfulness, or default"
  • If the deceased had survived, they would have been eligible to file a personal injury lawsuit.

State laws allow the deceased person’s surviving spouse, children, or parents to file a wrongful death lawsuit within three months of the person’s death. After that, the deceased’s personal representative, who has been named in that person’s will or trust, must file the lawsuit on behalf of the survivors entitled to compensation.

Work with an Experienced Personal Injury Attorney

If you file a claim with your insurance company or with the other driver’s insurance company, you will soon be contacted by those companies’ claims adjusters. Claims adjusters are professionally trained to protect the parent company’s bottom line. They have been known to use every trick in the book to get you to say or do something that they can use to pin the blame on you — in whole or in part — so they can reduce your settlement or deny your claim altogether.

Don’t go it alone. Let me handle the big insurance companies and their adjusters. I will be able to investigate and assess fault in the accident to determine if you’re better off filing a claim with insurance or a personal injury lawsuit. No matter what your circumstances may be, I’ll do everything I can to fight for the compensation you need and deserve. Don’t wait. Call or reach out to my office today to schedule a free consultation.

Car Accident Attorney
in Missouri City, Texas

If you have been injured in a car accident and live in Missouri City or in the nearby areas of Sugar Land, Katy, or Pearland, Texas, rely on my firm, K.E. Bradley Attorney & Counselor at Law, to work toward obtaining just compensation for you. Contact me immediately if you’ve been injured in an auto accident, or worse, lost a loved one. I will help you assert your full rights and work to bring you the justice you deserve. Call today to schedule your own free case evaluation!