CAR ACCIDENT ATTORNEY
What to Do After a Car Accident
What to Do After a Car Accident in Houston or Pasadena, TX
Car accidents are sudden and stressful, but knowing what to do immediately after can make a huge difference for your health, your insurance claim, and any future legal action. Here’s a step-by-step guide:
At the Scene of the Accident
Ensure Safety: Check for injuries and call 911. Move to a safe location if possible.
Contact Police: Request a police officer to document the crash, especially if there are injuries or major damage.
Exchange Information: Get the name, phone number, insurance info, driver’s license, and license plate number from all drivers involved.
Document the Scene:
Take photos of all vehicles, damage, the road, and surroundings.
Note the time, weather, and any relevant details.
Get contact info for any witnesses.
Do Not Admit Fault: Be polite and factual, but avoid speculating or apologizing for the accident.
After Leaving the Scene
Seek Medical Attention: Even if you feel okay, some injuries appear later. See a doctor within 24-48 hours.
Notify Your Insurance Company: Report the accident, but do not give a recorded statement before talking to a lawyer.
Keep Records: Save all medical bills, repair estimates, and correspondence related to the accident.
Talk to a Car Accident Lawyer: Before accepting any settlement offer, speak to an attorney who understands Texas car accident law.
Negligence in Texas Car Accident Cases
To win compensation, you must prove the other driver was negligent. In Texas, negligence has four elements:
Duty of Care – Drivers must follow traffic laws and drive safely.
Breach of Duty – A driver broke that duty, such as speeding or texting.
Causation – That breach caused your accident and injuries.
Damages – You suffered losses (medical bills, lost wages, etc.).
Texas uses a modified comparative negligence rule. You can recover compensation if you’re 50% or less at fault. Your total recovery is reduced by your percentage of fault. If you’re more than 50% responsible, you can’t recover any damages.
Car Accident Claim Timeline in Texas
Here’s what typically happens after you hire West & West, LLP to handle your car accident case:
1. Free Case Evaluation
We review your accident details, explain your rights, and outline your options.
2. Investigation and Evidence Collection
We gather medical records, crash reports, witness statements, and expert opinions to build a strong case.
3. Medical Treatment and Documentation
You continue treatment. We track your progress and compile records to prove your losses.
4. Demand Letter and Negotiations
We send a settlement demand to the insurance company once your condition stabilizes. We handle all negotiations on your behalf.
5. Filing a Lawsuit (if Needed)
If we can’t reach a fair settlement, we file a lawsuit. Most cases still settle before trial.
6. Settlement or Trial
You receive a settlement or go to court. We fight to maximize your compensation.
How West & West, LLP Handles Your Claim
We take a personalized approach to every accident case. Here’s what you can expect:
Responsive Communication: We keep you updated at every step.
Thorough Investigation: We leave no detail unexplored.
Trusted Experts: We work with accident reconstructionists, medical professionals, and economists.
Aggressive Representation: Whether negotiating or litigating, we fight for what you deserve.
Types of Car Accident Cases We Handle
Rear-End Collisions
Head-On Collisions
T-Bone (Side-Impact) Crashes
Drunk Driving Accidents
Distracted Driving Accidents
Hit-and-Run Accidents
Rollover Accidents
Multi-Vehicle Crashes
Motorcycle-Involved Collisions
Uninsured/Underinsured Motorist Accidents
We handle claims involving both minor and catastrophic injuries, and represent families in fatal crash cases.
Common Car Accident Injuries
Physical Injuries:
Broken bones
Whiplash
Neck and back injuries
Internal organ damage
Lacerations and bruising
Neurological Injuries:
Traumatic brain injuries (TBI)
Concussions
Nerve damage
Emotional/Psychological Injuries:
PTSD
Anxiety or depression after the crash
Types of Damages Available in a Car Accident Case
Medical Expenses: Emergency care, surgery, physical therapy, prescriptions, etc.
Lost Wages: Income lost due to time off work.
Future Earnings: Loss of earning capacity if you’re disabled or unable to return to work.
Pain and Suffering: Compensation for physical pain and emotional distress.
Property Damage: Vehicle repair or replacement costs.
Loss of Consortium: If the accident affected your relationship with your spouse.
Get a Free Consultation Today
If you were hurt in a crash, West & West, LLP is ready to help. You can call our Houston or Pasadena office today to schedule a free consultation. We don’t get paid unless we win your case.
Serving Houston, Pasadena, and the Greater Southeast Texas Area
With over 30 years of experience helping injured Texans, we know how to handle insurance companies—and we know how to win. Let us fight for the compensation you deserve.
Negligence in Car Accident Cases
Texas Comparative Fault and Car Accident Liability
Texas applies a modified comparative fault rule with a 51% bar. This means that you can only recover compensation if you are less than 51% at fault for the accident. If you are found to be 51% or more responsible, you are barred from recovering damages.
Your attorney plays a critical role in investigating the crash and proving that the other party was primarily to blame. To succeed in a personal injury claim, you must establish the following elements:
Duty of care – The other party owed a legal duty to act with reasonable care (e.g., obeying traffic laws).
Breach of duty – They violated that duty through negligent or reckless actions.
Causation – Their breach directly caused your injuries.
Damages – You suffered measurable losses such as medical bills, lost income, or property damage.
Because proving fault and navigating Texas personal injury law can be complicated, it’s essential to have an experienced legal team on your side.
Call West & West, LLP at 713-222-9378 to discuss your case. Even if you’re unsure who was at fault, we’ll investigate the accident thoroughly and help you understand your legal options.
How Long Does a Car Accident Case Take in Texas?
About 90% of car accident claims in Texas are settled out of court, typically within 14 to 18 months. If a case goes to trial, it may take 16 to 24 months or longer, especially if appeals are involved. That’s why choosing the right lawyer is crucial—you need a legal team that will support you throughout the process, no matter how long it takes.
At West & West, LLP, we’re with you every step of the way. Here’s what a typical personal injury lawsuit timeline might look like:
1. Free Initial Consultation
Texas gives you two years from the date of the accident to file a personal injury lawsuit—but don’t wait. Contact West & West as soon as possible for a free case evaluation.
We’ll review the facts, help you understand your legal options, and provide a realistic outlook. Bring any relevant documents, such as:
Medical records
Police reports
Photos from the scene
Contact and insurance information
There’s no obligation to hire us, but if you do, we’ll get to work immediately. We operate on a contingency fee basis—you pay nothing unless we win compensation for you.
2. Investigation & Evidence Gathering
We conduct a thorough investigation into what happened. This may include:
Surveillance footage
Eyewitness interviews
Police reports
Expert testimony
Medical records and billing
This step is key to building a strong case and maximizing your compensation.
3. Maximum Medical Improvement (MMI)
We wait for your doctor to declare you’ve reached Maximum Medical Improvement (MMI)—the point where your condition is stable and unlikely to improve further. Only then can we accurately calculate your future:
Medical costs
Lost wages
Pain and suffering
Loss of quality of life
4. Requesting Medical Records & Affidavits
We collect all medical records, bills, and affidavits from providers. This can take time depending on how quickly each facility responds.
5. Demand Letter & Pre-Suit Negotiations
Once we have all your records and documentation, we prepare a formal demand package for the insurance company, requesting payment for your damages. Insurers typically have 30 days to respond.
Our attorneys then begin aggressive pre-suit negotiations to push for a fair settlement.
6. Filing a Lawsuit (If Necessary)
If the insurance company refuses to negotiate fairly or uses delay tactics, we file a formal complaint. The defendant has up to 30 days to respond.
7. Discovery Phase
During discovery, both sides exchange evidence, question witnesses, and build their case. This phase can last several months, depending on complexity.
8. Mediation & Settlement Negotiations
Most car accident claims settle during or after discovery. If the potential value is high, mediation may be court-ordered. Some mediations resolve in a day; others require extended negotiation.
9. Trial (If Needed)
If no agreement is reached, our trial attorneys are fully prepared to present your case in court. Settlements can still occur any time—even during trial.
10. Getting Paid
Once your case resolves, you typically receive compensation within 30–60 days, whether through settlement or jury award.
No Set Timeline—But We’re With You Every Step
Every case is different. Some resolve quickly; others take longer due to medical treatment delays, insurance tactics, or legal complexities.
At West & West, LLP, we protect your rights and never let insurers rush you into a low-ball offer or allow delays without reason. We also work with creditors and medical providers to reduce your financial stress while your case is pending.
📞 Call 713-222-9378 or [contact us online] to schedule your free consultation today.
How We Handle Your Claim
Gathering Evidence
Once you sign with West & West, LLP, we immediately begin a thorough investigation of your accident. Our goal is to build a strong, evidence-backed case from day one.
We collect all critical information from the scene, including:
Police and accident reports
Security and traffic camera footage
Eyewitness statements
Vehicle electronic data (black box records)
When necessary, we also work with accident reconstruction experts to provide clear, credible analysis that strengthens your claim. Our team leaves no stone unturned in the pursuit of justice for our car accident clients.
In addition to evidence from the scene, we identify all potentially liable parties and explore every avenue for compensation. Whether the crash involved a single driver, a commercial vehicle, or multiple parties, we work tirelessly to maximize your recovery.
Dealing with the Insurance Companies
Handling the insurance companies is one of the most critical aspects of your case—and one you shouldn’t have to do alone. Our experienced legal team takes over all communication with insurers and medical providers, so you can focus on healing.
We gather and organize:
All medical records and itemized bills related to your injuries
Proof of lost wages and other out-of-pocket expenses
Documentation of pain and suffering, future care needs, and diminished quality of life
Once all supporting documents are in-house, we prepare and send a comprehensive demand package to the insurance adjuster, outlining the full extent of your losses and requesting appropriate compensation.
Negotiation and Litigation
At this stage, your claim enters the negotiation phase. Our attorneys aggressively pursue the maximum settlement available under the law. We aim to resolve your claim efficiently—without compromising your rights or the value of your case.
If the insurance company refuses to negotiate in good faith or undervalues your claim, we are fully prepared to take your case to court. With decades of trial experience, West & West, LLP is equipped to fight for you before a judge and jury.
💼 We Don’t Back Down. We Build Strong Cases. We Deliver Results.
📞 Call 713-222-9378 to get started with your free case evaluation.
Car Accident Types and Injuries We Handle at West & West, LLP
At West & West, LLP, we understand that no two car accidents are the same. Every case involves a unique set of facts, circumstances, and legal challenges. Our experienced Texas car accident attorneys are here to help you pursue justice—no matter how your crash occurred.
Common Types of Car Accidents in Texas
We routinely handle cases involving:
Blind Spot Accidents
Often caused when drivers fail to check their blind spots before changing lanes, despite signaling. Drivers must look over their shoulders in addition to using mirrors.Distracted Driving Accidents
Includes texting, using GPS, changing the radio, eating, or any activity that diverts attention from the road.Drunk Driving Accidents
Texas law prohibits driving with a BAC of 0.08% or more (0.04% for commercial drivers). In 2019, 914 people died in Texas drunk driving crashes—accounting for 25% of all traffic fatalities.Fatigued Driver Accidents
Drowsy driving impairs reaction time, often mirroring drunk driving. Commercial drivers are bound by strict hours-of-service laws to prevent these crashes.Head-On Collisions
Among the deadliest types of accidents, often caused by distracted or impaired drivers crossing into oncoming traffic.Hit-and-Run Accidents
Leaving the scene without offering assistance or contact info is a crime, but victims also have civil remedies for financial recovery.Intersection Accidents
In 2019, 735 people were killed at Texas intersections due to running red lights, failing to yield, or improper turns (TXDOT).Rear-End Collisions
Typically the rear driver is at fault, but in multi-vehicle pileups, fault may be more complex.Reckless Driving Accidents
Defined in Texas as operating a vehicle in “willful or wanton disregard” for others’ safety. Includes speeding, tailgating, and illegal passing.Rollover Accidents
Especially common in SUVs. Rollovers can result from crashes or vehicle design defects.T-Bone (Side-Impact) Collisions
Common at intersections when one driver ignores a red light or stop sign. These crashes are often serious due to minimal side protection.Speeding Accidents
Speed is a factor in roughly 25% of all Texas traffic deaths. Slower speeds save lives.Tailgating Accidents
Following too closely is both illegal and dangerous. These crashes often result in whiplash and other serious injuries.Texting While Driving
Texting and driving is illegal in Texas and can lead to devastating, often fatal, accidents.Uber & Lyft Accidents
Rideshare accidents are legally complex. We help you navigate liability issues and access the full compensation available through both driver and company policies.
Common Car Accident Injuries in Texas
Since opening in 1998, West & West has handled thousands of injury claims involving:
Broken bones
Lacerations and contusions
Soft tissue damage
Concussions and head trauma
Traumatic brain injuries (TBI)
Neck and back injuries
Spinal cord damage
Internal bleeding or organ damage
Shoulder and chest injuries
Burn injuries
Amputations
Paralysis
PTSD and emotional trauma
Wrongful death
We Handle All Types of Vehicle-Related Accidents
Our firm handles far more than just car crashes. We represent clients injured in:
Truck and tractor-trailer accidents
Motorcycle accidents
Pedestrian injuries
Bicycle, moped, and scooter crashes
Construction zone collisions
Boating accidents
And in tragic situations, our wrongful death attorneys help surviving family members seek justice for the loss of a loved one.
Types of Compensation Available After a Car Accident
If your injuries were caused by another party’s negligence, Texas law allows you to pursue the following damages:
Economic (Compensatory) Damages
Medical bills (past and future)
Lost income and reduced earning capacity
Out-of-pocket expenses (e.g., prescriptions, medical devices, home modifications)
Non-Economic (General) Damages
Pain and suffering
Emotional distress
Loss of enjoyment of life
Loss of companionship or consortium
Tip: Keep a daily journal to document how your injuries affect your daily life. This can be valuable for your non-economic damages claim.
Punitive Damages
In rare but extreme cases of gross negligence or intentional misconduct, Texas courts may award punitive damages to punish the at-fault party and deter future wrongdoing.
We Help Accident Victims Across Texas
We serve clients throughout the state, including in:
Free consultations are available by phone, email, text and video conference, and we can even come to you if you prefer. However, no in-person meeting is required in order to get started with your Texas car accident injury claim.
Fierce Advocates for Car Accident Victims Since 1992
At West & West, LLP, we’ve been fiercely advocating for injured Texans for over 30 years. Our attorneys understand the complexities of dealing with insurance companies and the emotional toll that car accidents can take. We take pride in helping our clients rebuild their lives after life-altering events.
Experienced in Insurance Negotiations — and Litigation
Our Texas car accident lawyers aim to build professional, productive relationships with insurance adjusters to streamline negotiations whenever possible. But we also know the tactics insurance companies use to undervalue claims — and we don’t fall for them.
When a settlement offer is inadequate, we don’t hesitate to push back. Our attorneys are fully prepared to take your case to trial to fight for the full compensation you deserve.
Full-Service Legal Representation After a Car Accident
From the moment you hire us, we take over every aspect of your case so that you can focus on healing. Our services include:
Investigating your accident
Preserving and collecting critical evidence
Interviewing witnesses and conducting depositions
Obtaining the official police report
Preparing you for statements to the insurance company
Hiring outside experts, such as accident reconstructionists
Calculating damages and arranging life care plans if needed
Referring you to qualified, trusted medical providers
Negotiating with insurance adjusters and defense attorneys
Filing lawsuits and handling pre-trial litigation
Representing you in court, including jury selection and trial
Drafting all necessary legal documents and court filings
Negotiating reductions in medical liens
Setting up trusts or guardianships to protect your long-term needs
Compassionate Support from Day One
We understand that this may be one of the most difficult times in your life. Our team is here to make the legal process as smooth and stress-free as possible. We’re always available to answer your questions, explain your options, and keep you updated every step of the way.
Schedule Your Free Consultation Today
Call West & West, LLP at (713) 222-9378 for a free, no-obligation consultation with one of our experienced Texas car accident lawyers. We’re here to take your call today and ready to help you take the next step forward.
