CAR ACCIDENTS - ANGELTON, TX
Angleton, TX Car Accident Lawyer
At West & West, we understand that being involved in a car accident can be a traumatic experience, possibly leading to serious injuries, mounting medical bills, extensive damage to your vehicle, and even the inability to work or enjoy time with your family. Car accident claims may be complex and involve numerous parties, from the other driver to insurance agents to defense attorneys. If you have been seriously injured in a car accident caused by another driver, our Angleton, TX car accident lawyers can help protect your rights and fight for the compensation you need and deserve.
- Frequently Asked Questions
- Gathering Evidence Following a Car Accident
- Talking to Insurance
- Biggest Mistakes to Avoid After a Car Accident
- Filing a Claim
Recovering Your Damages
A person can recover damages for their vehicle, medical expenses, and economic loss including missed time from work or missed business opportunities. They can also recover non-economic damages, which are pain and suffering damages. If they are hit by a drunk driver, they may be entitled to further damages.
The drivers involved in a car accident are most typically responsible for the damages caused, with the at-fault party and their insurer owing compensation to the other party. The at-fault part is likely the person who caused the accident. We at West & West are especially experienced in assisting our clients claim all possible damages from a car accident.
If your accident involved an uninsured or underinsured driver, your own insurer has a duty to cover your costs, depending on the terms of your policy. Your auto accident lawyer in Angleton, TX can negotiate with both your own insurer and that of the other party.
If an accident involves a commercial driver or large truck, the parent company may bear liability, in addition to the insurer and the driver himself.
While there are limits to when a government or state body may be sued, your Angleton, TX car accident attorney can analyze the circumstances that led to your injuries and determine which parties may be liable and how to proceed.
Here is an idea of the kinds of insurance-related issues you may run into after a car accident.
Determining Damages
An attorney can first determine what damages a person may be entitled to and then ensure that they recover all of them following a car accident. Oftentimes, people who handle car accident cases on their own without an attorney miss certain damages that may be important to them and are allowed in their case.
Additionally, a car accident lawyer can retrieve all medical records and all medical bills documenting injuries sustained in injuries. He or she can seek information from the individual’s employer to determine lost wage information and documents the individual’s pain and suffering damages by asking an individual to keep a journal so that they can understand the impact in that life based on the damages. In serious injuries that are life-altering, the car accident lawyer can find expert opinions about future medical care, economic loss, and any other damages that an individual may be entitled to when they have been seriously hurt in an auto accident.
Common Types of Car Accidents
Our car accident attorneys in Angleton, TX handle all types of vehicle accidents and related liability, including but not limited to:
- Drunk Driver Accidents
- Large Truck Accidents
- Motorcycle Accidents
- Rear-End Collisions
- Texting and Driving
- Hit & Run/Leaving the Scene
- Failed Airbags
- Pedestrians
- Head-On Collisions
- Failure to Yield
Ensuring a Fair and Reasonable Outcome to a Car Accident Case
When filing a claim for damages, the plaintiff should be aware of the various routes they could take to ensure their case is resolved in a favorable manner. One method of doing so is through a settlement with the other driver’s insurance company. The settlement process begins as soon as the plaintiff’s attorney gets in contact with the other party informing them of the damages owed to them and their desire to formally file an injury claim. If the insurance company finds the plaintiff to have a valid claim for compensation, they would typically offer a settlement that is usually lower than the initial claim for damages. At this point, both parties could enter into mediation to try to resolve the case that favors both sides. If an agreement cannot be made regarding a settlement, the victim would have no other choice than to take the case to trial.
Consult an Experienced Angleton, TX Car Accident Attorney
It is important to consult an experienced Angleton, TX car accident attorney as soon as possible if you have been in a car accident. Your car accident lawyer can advise you regarding obtaining and preserving evidence of the crash, including photos of the scene, witness statements, police reports, and road and weather conditions. Here are some general tips on what to do after an accident.
If you are injured or believe you may be injured, it is best to seek medical treatment immediately to obtain necessary care and to create records of your condition following the accident.
Your auto accident lawyer can then examine your medical records to determine the damages you are owed. Please do not hesitate to reach out to our experienced attorneys at 713-222-9378 for a free consultation today!
Frequently Asked Questions About Car Accident Cases
The total cost of a Alvin, TX car accident, in terms of the damages it causes, depends on the type of accident, whether any injuries were involved, and how long it takes any injured persons to heal.
As for the cost for you, as an accident victim, most vehicle accidents involving injuries will be paid for by one party or another’s liability insurance coverage. This insurance coverage is mandatory in Texas. Every vehicle owner is required to carry $30,000 in liability insurance coverage per-injury, and $60,000 per-accident.
If you cause an accident and injure someone else, your liability insurance coverage pays for those costs, up to the policy limit. Your liability insurance also covers the costs of vehicle repairs for the other individual(s) you’ve hit. The only cost to you would be an increase in your liability insurance premiums. Compared to someone with an accident-free driving record, insurance premiums in the state will rise by as much as 75% after the policyholder causes a collision. The total cost of insurance premiums for someone with a recent accident on their record is $3,112 per year, on average.
If you sustained injuries caused by someone else in a car accident, then their liability insurance is supposed to pay for your injury treatment and repair costs, as well as lost wages and any other damages you have suffered.
There are only a few scenarios where a car accident will cost you money. They include:
- You caused the car accident, and you injured yourself/ caused damage to your vehicle, and you don’t have collision insurance/medical insurance/PIP.
- Another driver hit you, they don’t have liability insurance, they fled, or their insurance information could not be obtained, and you do not have adequate uninsured/underinsured motorist coverage on your policy.
- You hit someone else, and you do not have the legally required minimum liability insurance.
- If your injury costs exceed the limits of the at-fault driver’s liability policy, and you do not have applicable underinsured motorist coverage.
- If another driver’s injury costs exceed your liability policy limits, and they decide to pursue you for the remaining damages.
After you have been hurt in an accident, working with a car accident attorney team in Alvin, TX ensures that you are able to calculate the full value of your damages, document them, and demand repayment from liability insurers. This representation increases the chances that you won’t be left on the hook paying for the costs of your own injury, especially when considering long-term costs.
In the event that you are injured and your injuries exceed the liability policy coverage — or no liability coverage is available — you can work with an Alvin car accident lawyer to seek possible claims against other parties involved. Possible liable parties can include other drivers, the employer of a driver who hit you, and the manufacturer of a vehicle component that failed to protect you, among others.
An experienced Alvin, TX car accident lawyer can provide beneficial services even in the context of a “minor” car accident.
Many people can underestimate the long-term costs of treatment. They can also tend to underestimate the difference in income they will experience as a consequence of the injury. Additionally, some “minor” car accidents can result in injuries that are diagnosed later, if the accident victim neglects to get a full medical diagnosis immediately after their wreck.
Services provided by a car accident attorney in Alvin, TX include investigation of your accident, calculation of your damages, documentation of your injury costs, proof of the other party’s liability, and negotiation in the event of partial or total denial of insurance coverage. All of these services may increase the value of settlements offered compared to individuals who are not represented, though this result is not guaranteed.
With all this said, some car accidents involve minor damages and an insurance company that is eager to offer a reasonable settlement. In this scenario, the benefits of hiring an attorney may be relatively minor.
On the other hand, even a simple accident can become complicated quickly. If you suddenly realize your injuries are worse than you thought, an insurance company denies your claim, the other driver denies they were responsible for the accident, or you are being accused of being at-fault for the accident, then you may want to contact a car accident lawyer in Alvin, TX immediately. Their services reduce the risk that you will be required to pay out of pocket for damages that resulted from an accident you did not cause.
In most contexts, a legal settlement is an agreement made between two parties where one party agrees to waive their right to pursue a lawsuit if the other party agrees to provide reasonable compensation for their damages (or demands).
After a typical car accident where someone is injured through the fault of another driver, the at-fault driver’s insurance company will offer a settlement in response to the injury victim’s claim. This settlement value is calculated by insurance actuaries using complex formulas, following an investigation by an adjuster. Insurance companies include hundreds of possible variables in these calculations, including the likely cost of a jury verdict against their favor if they decide to deny the claim.
The injury victim can also decide to calculate their own total damages with the help of a car accident lawyer in Alvin, TX. They can then disclose these damages in a demand letter, which requests compensation for all of their losses. When the insurance company receives the demand letter, they can compare the amount demanded with the amount they were prepared to offer. Negotiations may ensue, and a compromise can be made.
Once someone agrees to receive an insurance settlement, they waive their right to pursue the matter any further, with very few exceptions. This risk is why it is important to review your damages with the assistance of an experienced Alvin, TX car accident legal team. Otherwise, you may agree to a settlement that seems fair at first, only to realize you have uncovered costs later on.
In the event that you and the insurance company aren’t able to come to a reasonable settlement agreement, you and your attorney may decide to file a lawsuit demanding compensation. While this lawsuit works its way through the courts, there is still the possibility that a settlement agreement can be reached. Otherwise, the injury victim will have to convince a jury to rule in their favor and award them the damages they sought.
After a hit and run accident, there is no one there to provide a statement or hand you their insurance information. You have to hope you either:
1. Can identify the driver after an investigation;
2. Have uninsured/under-insured motorist (UM/UIM) coverage, or;
3. Have collision insurance, and are willing to accept fault.
Drivers flee the scene of an accident for a variety of reasons, and they may not always be technically at-fault for the accident they fled. It is always illegal to flee the accident scene before determining if someone was hurt or if you were responsible for vehicle damages (Texas Transportation Code - TRANSP § 550.022). However, someone fleeing the accident scene is not automatically an indicator that that person was at-fault for the crash.
Always report a hit-and-run to the police. They will take down a statement of details you can provide them, potentially including the make and model of the vehicle and any identifying traits of the driver. They will also note the conditions of the accident scene. If they can reasonably determine that the other driver was the one who likely caused the accident, they will not the causal factors in their crash report.
If you have uninsured/under-insured motorist (UM/UIM) coverage, it may be able to provide you compensation for your injury treatment costs and vehicle repairs if the other driver was at fault. If there is no defendant, there is no one to prevent you from claiming UM/UIM and asserting that the driver who fled was at-fault.
The only situation where you might accept fault for a hit-and-run is if you do not have a UM/UIM policy that covers your accident and you wish to claim collision coverage instead. Any collision claim is an admission of fault, at least in the eyes of the insurance company, so it may cause your insurance rates to rise.
You can choose to work with a Alvin, TX car accident lawyer after your hit-and-run to investigate your accident. There is a chance you and your attorney may be able to identify and locate the at-fault driver. Even if not, your representing lawyer can increase the chances that your own insurance coverage will provide reasonable compensation for all of your damages.
You should always report your crash, no matter the circumstances. Texas law (Texas Transportation Code - TRANSP § 550.026) requires you to stop at the scene of any collision and notify police. The law states that any driver, “in an accident resulting in injury to or death of a person or damage to a vehicle to the extent that it cannot be normally and safely driven shall immediately by the quickest means of communication give notice of the accident.”
Even if the law allowed you to not have to report certain minor crashes, reporting a Alvin, TX car accident is always a smart idea for the sake of your own insurance claim. Most insurers will not honor liability or UM/UIM claims if a police report is not filed. The police report acts as an official record of the accident, recording factors like who contributed to the crash, whether someone committed a violation, and other key factors used to prove fault and connect injury costs to the crash.
With all this said, you do have the option of dialing a police station directly instead of 911. This may only be advisable if you know no one is injured, your crash is minor, and you wish to not burden the resources of the 911 dispatcher. You have the option to call your local precinct — or, if the accident happened on the highway, the closest Texas State Highway Patrol office.
Never be hesitant to dial 911 if you think your accident may involve an emergency or you aren’t sure which local office to call instead. There is no penalty for submitting a 911 call for a crash, even if that crash involves no injuries or doesn’t technically constitute an emergency.
Yes! You should always seek medical attention as soon after your collision as possible. This is not only to reduce the risk that you have an untreated injury, but also because you need a diagnosis from a medical professional before you can claim the costs of an injury on an insurance claim.
If you have visible injuries, pain, or limited mobility after your car accident in Alvin, TX, visit the closest emergency room as soon as police investigators arriving at the scene clear you to leave. Request an ambulance when reporting your collision if you or anyone else might be seriously injured.
Do not refuse an ambulance if you think you might be seriously injured and paramedics suggest you use medical transport. Refusing an ambulance may potentially be used by insurers later on as evidence that you are not as injured as you claim.
If you think you have only minor injuries or you think that you may not be injured, you should still seek medical attention as soon as reasonably possible after your accident. In lieu of the ER, you can choose to visit your primary care physician or an urgent care clinic in your area.
No matter what situation occurs, always report your symptoms in detail to the medical care provider during your appointment. Consent to all tests and imaging needed to confirm a complete diagnosis of your condition. Review your medical documentation prior to discharge to reduce the risk that someone left out a critical piece of information. Save all of your discharge information, billing information, and receipts for out-of-pocket purchases, such as prescriptions or over-the-counter medicines recommended.
Follow your doctor’s orders to the letter, and attend all necessary follow-ups.
Failing to perform any of these actions can jeopardize your ability to obtain full compensation for all of your accident damages, let alone aid your healing. If you have any questions about seeking compensation or are worried that insurers are going to attempt to deny your claim because you haven’t gotten a full diagnosis, contact an experienced Alvin, TX car accident lawyer today.
What Is the Difference Between Bodily Injury and Personal Injury Protection (PIP) Payments?
Both bodily injury liability (BIL) insurance and Personal Injury Protection (PIP) insurance pay for the costs of your injury treatment after a car accident. The key difference is that every vehicle owner in Texas is required to carry BIL, which pays for the costs of injuries resulting from an accident the policyholder caused. PIP coverage is an optional supplement, which pays for the costs of injuries to yourself or passengers regardless of who was at-fault for an accident.
PIP acts as a “first payer” after an accident, meaning it provides the first round of coverage for damages, up to its policy limit. Once the PIP policy limit is reached, the injury victim can seek compensation through other types of insurance claims, including BIL claims against any at-fault drivers. PIP insurance is also handy because it can cover your passengers, and it can also cover you in many contexts outside of times you are driving. For instance, if you are hurt in someone else’s vehicle during a collision or hurt during a bicycle accident, there is the possibility that your PIP policy will cover it.
Because BIL insurance is mandatory in most states, more people are familiar with it, and far more people tend to have it compared to PIP coverage. However, obtaining PIP coverage can be beneficial since it can cover you in a variety of situations, regardless of who was at fault for your accident.
First, always report the accident to the police. While it may be unfortunate that the uninsured driver will get a citation and a fine for not having the minimum insurance, you are obligated by law to report any accident resulting in injury or property damage (Texas Transportation Code - TRANSP § 550.026). In lieu of exchanging insurance information, be sure to get the driver’s contact information, including their home address, where they work, and a good daytime phone number to contact them.
You should still get a full diagnosis after your accident, too. Visit the emergency room or a nearby urgent care clinic, describe your symptoms, and consent to all necessary tests. You want to be sure you don’t have any hidden injuries, and you want specific instructions from the doctor on the fastest way for you to recover.
Liability insurance helps protect drivers from exposure to lawsuits. This means that if someone does not have their legally required minimum liability insurance, they can potentially be sued. However, someone who does not carry liability insurance is likely to be economically disadvantaged, which means they will likely have little in the way of assets to repay the costs of your medical treatment and other losses.
Your best bet for recovering compensation after a car accident involving an uninsured driver is to get in touch with an experienced Alvin, TX car accident lawyer. They can help you identify alternative sources of compensation. This may include a claim under any available uninsured/ under-insured motorist (UM/UIM) policy you have. It may also encompass a claim filed against a separate liable third-party, such as another driver involved in the collision, someone who allowed a road hazard to persist, or the manufacturer of a defective vehicle system that caused your injuries — or at very least caused your injuries to be worse than they normally would have.
What You Can Do to Prevent Car Accidents in Alvin, TX
There are some car wrecks that are simply unavoidable on your part. Maybe a drunk driver doesn’t stop in time and rear-ends you, or perhaps another driver blows through a red light and T-bones you. Though some collisions are out of your hands, there are ways you can avoid being in (or causing) car accidents, including:
- Be patient at lights to avoid red-light runners
- Always focus on the road, even if it means listening to a song on the radio you don’t like or leaving a phone call unanswered
- Pull into traffic slowly, and make sure your path is clear before entering the roadway
- Get your car tuned up regularly to make sure your brakes and other systems are working properly
- Drive defensively, always responding to other drivers’ actions. Never rely on other drivers to respond to your own actions
- Leave room between you and the car in front of you so you can brake in time if needed
Serving the Alvin, TX Community since 1992
The Alvin, TX auto accident attorneys at West & West have been successfully helping members of the Alvin, TX community involved in car accidents for 20 years. We have three offices serving Alvin, TX and surrounding areas to better serve our clients. If you cannot come to us, we will come to you. We also offer remote video conferencing meetings (Skype/Zoom) with our attorneys. We can also send and exchange signed documents via your cell phone, tablet or computer. We know how difficult it is in the weeks following the accident and want to do everything we can to relieve the stress that our clients are going through during this time period.
Your Consultation Is Free, and We Do Not Collect a Fee Unless Recovery
When you call or email the Alvin, TX car accident lawyers at West & West, your case will be evaluated by one of our lawyers. Appointments can be scheduled for evenings or even weekends, subject to scheduling and availability, and if you are unable to come to one of our conveniently located offices, we can meet you at your doctor’s office, your job, or your home.
ExcellentBased on 23 reviewsJoseph James2024-03-18I just used West and West to have a will done. I was extremely impressed with the quality of service they provided. I highly recommend them, and will return for any legal issues in the future.Hea Lea2024-01-27Attorney Michael West is outstanding. He fights hard for his clients and he gets the job done. If you have a personal injury claim you can count on him to get you the money you deserve.Laura A2024-01-19I used West & West for my personal injury claim - a slip and fall that involved a trip to the emergency room. Michael West was able to successfully get my medical bills paid and I walked away with money in my pocket. Both Michael and his paralegal were very helpful throughout the whole process.Teresa Dupuis2024-01-11West and West did an excellent job representing our family's estate settlement during the probate process. They are skilled, up to date, and were patient with us and the beneficiaries and helped us keep everything on track during our extended process. Laura and the others were always amazing with us too.Audy Trammel2024-01-10The employees here are all extremely kind and friendly, and they explain everything in a way that's easy to understand. Mr. & Mrs. West are some of the kindest people I've ever met. If I ever need a lawyer again, I have them on speed dial.Alison Thomas2024-01-07Catherine Davis, SLP2023-12-31Nicolas Rutledge2023-12-27I hired West & West back in June when I was T-boned by another driver. Hiring West & West was the best thing I could have done. They treated me like family and not just another case in the books. Michael West is an excellent attorney. I highly recommend this law firm to anyone who has been in a car accident, or anyone seeking legal help. Amazing law firm and staff!!!Sonia Emmons2023-08-12I enjoyed dealing with a local law firm with strong roots in the community. Probating my Uncle's Will was emotional and personal, but the staff made the process easier than I ever imagined. The process was smooth and easy. The care shown by the staff is knowledgeable and caring.