Houston Car Accident Lawyers

Houston's extensive roadway network, heavy traffic congestion, and reckless driving habits of many motorists create ripe conditions for serious car accidents in the city. Distracted driving, particularly due to smartphone usage, is a rampant issue in Houston that diverts drivers' attention from the road. Speeding is another common concern, often triggered by the long stretches of highways and freeways that traverse the city. Drunk driving remains a persistent problem, with Houston's nightlife contributing to a higher incidence of impaired driving.

Car accidents can result in a cascade of consequences for the personal injury and wrongful death victims, including mounting medical bills, lost wages, and prolonged pain and suffering. If you or someone you love has been injured or killed in a car accident, your road to recovery begins with a simple step – reaching out to Miller Weisbrod Olesky. By choosing our dedicated Houston car accident lawyers, you are partnering with steadfast legal allies who will relentlessly pursue justice on your behalf and recover the highest possible financial compensation for your injuries and losses.

Houston Car Accident Lawyers
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Our Houston Car Accident Lawyers are led by a Personal Injury Law Specialist, Certified by the Texas Board of Legal Specialization. This Board-Certification requires numerous trials in the personal injury field and then a rigorous testing regimen showing expertise in the field. Less than 3% of all Texas lawyers have any board-certification and even fewer have the unique board-certification in the Personal Injury Trial law field.

It is important to know you and your family do not have to deal with your losses and attempts to recover from the insurance company alone. Miller Weisbrod Olesky, the leading car accident lawyers in Texas are here to provide you the guidance, support, and aggressiveness you need to secure the maximum financial compensation you deserve for your injuries and losses so you can focus on recovery and your family.

Our client was a passenger in truck that lost control due to a company van swerving into their lane. Our client was a U.S. Marine veteran and suffered a serious traumatic brain injury (TBI) that resulted in a lifetime of challenges. After a heavily disputed litigation course, just before the jury trial was to begin the insurance company met our settlement demand.

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In 2022, Houston witnessed a total of 308 fatal accidents, resulting in the loss of 326 lives, according to data sourced from the Texas Department of Transportation's Crash Records Information System. Across Harris County, the toll was even more distressing, with 540 fatal crashes and 571 lives lost.

The surge in car accidents and fatalities in Houston is a cause for deep concern. Notably, the city experienced one of the most significant spikes in traffic-related deaths between 2020 and 2021. The numbers tell the story: fatalities surged from 275 in 2020 to 332 in 2021, marking a 20% jump. The overall number of accidents rose by 14% during the same period.

Houston witnessed 253 fatal crashes (with 266 lives lost) in 2019 — the same year when the Vision Zero policy was introduced in the city. Among these incidents, 106 occurred on state-controlled roadways, and 147 took place on city streets. No wonder, Houston consistently ranks among the deadliest cities for Texas motorists.

Wrongful death laws in Houston govern cases where a person's death is caused by the negligence, recklessness, or intentional actions of another party, including car accidents. These laws are primarily outlined in the Texas Civil Practice and Remedies Code, Title 4, Chapter 71. Here's an overview of wrongful death laws in Houston:

• Who Can File a Wrongful Death Claim (Section 71.002): In Houston, the surviving spouse, children, and parents of the deceased individual have the right to file a wrongful death claim. If none of these parties file within three months of the death, the executor or administrator of the deceased's estate may bring the claim.
• Statute of Limitations (Section 71.003): Wrongful death claims from car accidents in Houston must generally be filed within two years from the date of the deceased's death.
• Damages (Section 71.004): The damages that may be recoverable in a car accident wrongful death claim include economic losses such as medical and funeral expenses, loss of financial support including loss of earnings, and non-economic losses like mental anguish, loss of companionship, and emotional pain and suffering.
• Punitive Damages (Section 71.009): In cases where the responsible party's actions were grossly negligent, reckless, or intentional, punitive damages may be awarded as a form of punishment and deterrence in a wrongful death car accident lawsuit.
• Survival Actions (Section 71.021): Texas law also allows for survival actions, which are separate from wrongful death claims after a car accident. Survival actions enable the estate to pursue damages that the deceased individual would have been entitled to had they survived, including compensation for pain and suffering.

The statute of limitations for personal injury claims including car accidents in Houston, as well as the rest of Texas, is primarily governed by Texas Civil Practice and Remedies Code, Title 2, Chapter 16, Section 16.003.

The statute of limitations is essentially a time limit within which you must file your lawsuit in court. If you fail to do so within this timeframe, you may lose your right to pursue a claim for compensation after a car accident. Here are the key details regarding the statute of limitations for car accident personal injury claims in Houston:

• Statute of Limitations Duration: In Texas, the statute of limitations for personal injury claims, including those resulting from car accidents, is generally two years from the date of the accident. This means you have two years from the date of the accident to file a lawsuit in court.
• Exceptions: While two years is the general rule, there can be exceptions and nuances based on specific circumstances. For instance, if the injured party is a minor (under 18 years of age) at the time of the accident, the two-year clock typically starts running on their 18th birthday, giving them additional time to file a claim. Additionally, in cases involving government entities or employees (like police or fire department vehicles), there may be different notice requirements and shorter timeframes to initiate a claim after a car accident.
• Importance of Timely Action: It is important to understand and adhere to the statute of limitations. Failing to file a lawsuit within the prescribed timeframe can result in your car accident lawsuit being dismissed, and you may lose your opportunity to seek compensation for your personal injuries and damages.

Given the time-sensitive nature of car accident claims and lawsuits, we encourage you to reach out to our Houston car accident lawyers at Miller Weisbrod Olesky as soon as possible. We will lose no time in putting together a robust legal strategy to identify the liable parties, find evidence to prove their negligence, and aggressively pursue the maximum compensation you deserve for your personal injuries and losses.

The Modified Comparative Negligence Law in Houston is governed by Texas Civil Practice and Remedies Code, Title 2, Chapter 33 – Proportionate Responsibility. Under this legal framework, the degree of fault or negligence assigned to each party involved in a car accident plays a key role in determining the injured party's ability to recover damages.

Here's why the Modified Comparative Negligence Law can be harsh for personal injury car accident victims and why having our seasoned car accident lawyers in Houston on your side can help maximize your compensation:

In Houston, the Modified Comparative Negligence Law follows a 51% rule. This means that if you are found to be 51% or more at fault for the accident, you may be barred from recovering any compensation from other parties involved, even if they share some level of responsibility. This can be particularly harsh for injured victims, as it places a significant burden on proving minimal fault to avoid losing the right to compensation. This fault is only determined by the jury or judge that hears your case. But the insurance company will often argue that your percentage of fault will be higher than it is likely to be determined at trial.

Complex Assessment of Fault

Determining the degree of fault in an accident can be complex and contentious. Insurance companies and the defendants will attempt to shift a greater share of the blame onto the injured victim to minimize their own liability. Our experienced Houston car accident attorneys at Miller Weisbrod Olesky are skilled at conducting thorough investigations, gathering evidence, and presenting a compelling case to establish that the other party's negligence was the primary cause of the accident and reducing the percentage of fault (if any) assigned to our clients. This assessment only comes into play when there are some facts to support a claim of comparative fault on our client---in many cases our clients have zero fault at all.

Maximizing Compensation Requires Legal Expertise

To navigate the nuances of the Modified Comparative Negligence Law and recover the maximum compensation available, you need experienced legal representation. Our lawyers understand how to build a robust case that minimizes your share of fault while establishing the negligence of the other party. We will work tirelessly to ensure that you receive the compensation you deserve for your injuries, medical expenses, lost wages, and pain and suffering.

Speeding significantly increases the risk of catastrophic personal injuries in car accidents in Houston, and the consequences can be severe for everyone involved.

• Increased Collision Force: When a vehicle is traveling at high speeds, the force of impact in a collision is substantially greater. This means that even a seemingly minor car accident can result in severe damage to vehicles and extensive personal injury or even wrongful death to occupants due to the force of the crash.
• Reduced Reaction Time: Speeding reduces a driver's ability to react quickly to changing road conditions, obstacles, or the actions of other drivers. This reduced reaction time can lead to more significant and catastrophic car wreck collisions.
• Extended Braking Distances: Vehicles traveling at high speeds require more time and distance to come to a complete stop. Speeding drivers may not have sufficient space to brake safely, leading to rear-end collisions, pedestrian accidents, and car accidents at intersections.
• Increased Severity of Injuries: Speeding can elevate the severity of injuries sustained in a car accident. Occupants may experience more extensive trauma, including head injuries and traumatic brain injuries, spinal cord injuries, broken bones, and internal injuries due to the greater force of impact.
• Ejection Risk: Speeding increases the likelihood of vehicle rollovers and ejections. Ejected occupants are at a significantly higher risk of catastrophic personal injuries, including traumatic brain injuries and fatal injuries.
• Seatbelt Effectiveness: Seatbelts are less effective in high-speed collisions. Even when seatbelts are worn, occupants may still experience severe injuries due to the tremendous force generated by speeding vehicles in a car accident.
• Collateral Damage: Speeding not only endangers the driver but also poses a threat to other road users, including pedestrians, cyclists, and occupants of other vehicles. Car Accidents involving high-speed vehicles can result in multiple injuries or fatalities among those involved.
• Delayed Medical Attention: In catastrophic car accidents, immediate medical attention is critical. However, speeding accidents can sometimes lead to complex rescue operations and extended response times for emergency services, potentially exacerbating injuries.
• Psychological Impact: Catastrophic injuries can have long-lasting psychological effects on survivors and their families, leading to emotional trauma, post-traumatic stress disorder (PTSD), and the need for ongoing mental health support.

At Miller Weisbrod Olesky, our dedicated team of Houston car accident lawyers will evaluate and address all the short- and long-term financial damages associated with serious personal injuries resulting from car accidents. We understand the extensive and often life-altering nature of these injuries, and we are here to fight for your rights and secure the compensation you deserve. Here's how we approach the assessment of damages:

• Medical Expenses: We meticulously assess all medical costs related to your personal injuries, including hospitalization, surgeries, rehabilitation, physical therapy, prescription medications, medical equipment, and ongoing medical care. Our goal is to ensure that you are fully compensated for the present and future medical expenses associated with your injuries.
• Lost Income and Earning Capacity: We understand the significant impact of car accident catastrophic injuries on your ability to work and earn a living. Our team calculates your lost wages and potential future earning capacity, factoring in the extent of your injuries and how they may affect your ability to return to your previous occupation or engage in gainful employment.
• Pain and Suffering: Catastrophic injuries caused by car accidents can lead to prolonged and severe physical pain and suffering. We will consider the physical and emotional toll these personal injuries have on your life and fight for full compensation for the pain, discomfort, and reduced quality of life you experience.
• Emotional Distress: Car accidents resulting in catastrophic injuries can have a lasting impact on your emotional well-being. We assess emotional distress, anxiety, depression, and other mental health issues stemming from the accident and pursue compensation for these damages.
• Home Modifications and Accommodations: Depending on the nature of your serious personal injuries after a car accident, you may require home modifications or accommodations to facilitate your daily life. We account for these expenses in our assessment of damages.
• Loss of Consortium: If your car accident injuries have affected your relationships with loved ones, leading to the loss of companionship and support, we pursue damages for loss of consortium.
• Long-Term Care: Long-term care costs in catastrophic personal injuries caused by car accidents can place an immense financial burden on individuals and their families. These injuries may require ongoing medical supervision, rehabilitation, physical therapy and personal assistance to address daily living challenges. The expenses associated with long-term care may include home health care, specialized medical equipment and prosthetics, modifications to living spaces for accessibility, and the cost of caregivers or skilled nursing facilities.

We work closely with medical experts, economists, life care planners, and other professionals to build a comprehensive case that accurately reflects the full scope of your losses caused by a car accident. Our goal is to secure the maximum compensation possible to support your recovery and ensure a better quality of life for you and your loved ones.

Proving liability in a car accident related to tire blowouts or brake failures in Houston requires a scientific and multi-faceted approach. Our tenacious car accident attorneys in Houston are well-prepared to undertake such cases and will employ various strategies to establish liability on behalf of our clients.

• Expert Analysis: We engage the services of qualified experts, such as mechanical engineers, accident reconstruction specialists, and automotive technicians, to conduct in-depth investigations into the tire blowout or brake failure. Their expertise is essential in identifying the root causes and contributing factors to the accident.
• Vehicle Inspection: Our legal team ensures that the involved vehicle, including its tires and braking system, undergoes thorough inspection and evaluation. This includes examining the condition of the tires, brakes, brake lines, and other relevant components.
• Maintenance Records: We scrutinize the vehicle's maintenance records to determine if proper maintenance and repairs were conducted. Negligent maintenance practices or failure to address known issues can contribute to tire blowouts or brake failures.
• Product Liability Assessment: In cases involving defective tires or brake components, we investigate whether there were defects in design, manufacturing, or labeling. We analyze recall information, industry standards, and historical data related to the products.
• Manufacturer Negligence: We assess whether the tire or brake manufacturers acted negligently by not adhering to industry safety standards, regulations, or quality control measures. Any deviations from these standards can be a crucial factor in proving liability.
• Recalls and Warnings: We investigate whether the manufacturer issued recalls or warnings related to the tires or brake components involved in the accident. Failure to communicate known safety issues can contribute to liability.
• Prior Incidents: We search for evidence of previous accidents or incidents associated with the same tire or brake components, which can demonstrate a pattern of negligence or a history of product problems.
• Documentation and Witnesses: We gather and preserve all relevant evidence, including product manuals, accident reports, witness statements, and communication between the injured party and the manufacturers. This documentation helps strengthen our case.
• Expert Testimony: We rely on expert witnesses to provide specialized technical testimony that can clarify complex issues and establish the connection between the tire blowout or brake failure and the accident.
• Compliance with Laws: We ensure that all parties involved, including the vehicle owner and maintenance providers, complied with Texas state and federal laws and regulations governing vehicle maintenance and safety.

• I-610 (The Loop): The Interstate 610 Loop, which encircles much of central Houston, can be particularly challenging for drivers. It experiences heavy traffic, especially during rush hours, and its numerous exits and merges can lead to congestion and accidents.
• I-45 (North Freeway): I-45, especially in the area where it converges with I-610 near downtown Houston, is prone to traffic jams and accidents. This interchange is often congested and known for its complex lanes.
• I-10 (Katy Freeway): I-10, particularly the stretch known as the Katy Freeway, is one of the widest and busiest freeways in the country. Its high traffic volume and intricate interchanges can lead to accidents.
• US-59 (Southwest Freeway): The Southwest Freeway, another major artery in Houston, experiences heavy traffic and congestion, contributing to a higher risk of accidents, especially during peak travel times.
• Loop 610 and US-59 Interchange: This interchange is known for its complexity, with multiple lanes and merges. Navigating this area can be challenging and increase the risk of accidents.
• Westheimer Road: Westheimer Road, a major east-west thoroughfare, sees a significant number of accidents, often due to congestion and the large volume of commercial and residential traffic.
• Bellaire Boulevard: Bellaire Boulevard, especially in heavily populated areas of Houston, can experience congestion and a higher frequency of accidents.
• FM 1960: FM 1960, particularly in the northern suburbs of Houston, is known for its heavy traffic and accident-prone areas.
• Gulf Freeway (I-45 South): The Gulf Freeway, especially as it approaches Galveston, can be congested and experience accidents, particularly during holiday weekends.
• Shepherd Drive and Washington Avenue Intersection: This busy intersection is known for heavy traffic and a higher risk of accidents, including those involving pedestrians.

Remember, time is of the essence when it comes to car accident claims in Houston. Evidence can disappear, witnesses can become harder to reach, and insurance companies can gain higher negotiating power when time is running out. So, don't wait. Take action today by scheduling your free consultation with our trusted Houston car accident attorneys at Miller Weisbrod Olesky. Let us handle the legal complexities while you focus on your recovery and well-being.

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Clay is regularly invited to speak to Trial Lawyer Groups around Houston and across the state of Texas on the topics of motor vehicle accident laws, trial tactics and techniques, and how to prepare evidence and a winning legal strategy in Car Accident Cases throughout Texas. Clay was the featured speaker for the Texas Trial Lawyers Association on the new changes to trucking laws passed by the state of Texas.

Our car accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.

We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.

Led by a formidable legal team with an extraordinary record of court verdicts and settlements in car accident cases, Miller Weisbrod Olesky is regularly recognized by the US News and World Report as one of the top injury law firms in the United States.