Cypress Car Accident Lawyer : Injured in a Car Crash? Stano Law Firm Can Help!

If you were to make a list of risky and potentially life-threatening activities, driving your car might not be the first thing that comes to mind. Yet every year there are thousands of motor vehicle accidents on Texas roads, requiring hundreds of thousands of drivers and passengers to seek medical treatment. And based on official statistics from the Texas Department of Transportation (TDOT), 1 person is killed an average of every 1 hour and 57 minutes in the state in a motor vehicle crash. So while driving may be a normal, everyday activity for you, the reality is that you take your life into your hands every time that you get behind that wheel.

Fortunately, most car accidents only result in minor injuries. But any injury can lead to substantial medical bills and a loss of income if you are forced to take time off from your job to seek treatment. There is also the damage to your property–such as your car–and the emotional trauma of the crash itself. All of these damages can quickly add up. And under Texas law, you can hold the negligent driver who caused these damages responsible for their actions.

Our Cypress personal injury lawyer can help. At the Stano Law Firm, our team of Cypress personal injury lawyers can review your car accident and help you develop a plan for seeking full and fair compensation under Texas law. Our personal injury attorneys have the expertise to navigate complex legal processes and insurance negotiations on your behalf. We can assist you in filing an auto insurance claim and, when necessary, a personal injury lawsuit. While most car accident claims are resolved through settlement rather than courtroom litigation, having an experienced attorney at your side can significantly improve your chances of a favorable resolution. That is why our team focuses exclusively on personal injury claims, with a particular emphasis on car accidents.

How Common Are Car Accidents in Texas?

The majority of car accidents do not make the news. Many are what people often call “fender benders.” But anytime there is a collision or crash involving a motor vehicle, there is a significant risk of serious injury or death. And in a state like Texas that is known for its love of cars, trucks, and other vehicles, accidents occur far more often than you may realize.

Based on 2022 statistics compiled by TDOT, the number of car accidents in Texas is staggering. Here are just a few key highlights:

• There were 18,880 people who sustained “serious injuries” in 15,299 auto accidents during 2022.
• At least one person was killed in an auto accident every day of 2022.
• There were 4,481 car accident deaths in 2022, with roughly one-fourth of those fatalities occurring in crashes at or near an intersection.
• There were 224,092 reported car accident injuries in 2022.
• Roughly 26 percent of car accident deaths in 2022 were caused by a drunk driver.
• There were 484 people killed in car accidents caused by a distracted driver. Distracted driving is a critical factor contributing to these accidents.

So as you can see, car accidents are not a rare occurrence. And your likelihood of being involved in a crash increases when you live in a densely populated area such as Harris County. Even the most careful driver is susceptible to another motorist’s reckless and irresponsible behavior.

The Role of Negligence in Texas Car Accidents

Negligence is a term used to describe a person’s failure to exercise a duty of care imposed on them by law. When it comes to car accidents, negligence occurs when a driver either fails to obey the rules of the road or acts in a reckless manner that puts other people at risk of injury or death. Negligence does not require intent. Put another way, you can sue and collect damages from a negligent driver without having to prove they intentionally injured you. The firm is dedicated to helping injury victims secure the compensation they need.

Navigating the legal process to prove these elements can be complex and challenging, making it crucial to engage a personal injury attorney. Their expertise can help clients navigate complex legal processes and insurance negotiations, ensuring that victims receive the compensation they deserve.

Proving negligence in a Texas car accident lawsuit requires the plaintiff–i.e., the victims of the car accident–to prove four things:

1. The defendant–the driver being sued–owed the plaintiff a duty of care under Texas law.
2. The defendant breached that duty, either by inaction or inaction.
3. The defendant’s breach was the “cause in fact” of some injury to the plaintiff.
4. The plaintiff can show they suffered actual damages as a result of that injury.

In many Texas car accident cases, proving negligence is not that difficult. If a driver runs a red light and strikes another vehicle that was lawfully in the intersection, that is generally a clear-cut case of negligence. That said, many defendants will dispute the issue of negligence. They may even try to shift blame onto the plaintiff for the car accident.

This is more than just defense posturing. Like most U.S. states, Texas follows a “modified comparative fault” rule in personal injury lawsuits, such as claims arising from car accidents. This means that if a case goes to a judge or jury, they must apportion relative fault for the accident among all of the parties involved. If the plaintiff is found partly at-fault, that will reduce the amount of damages they receive accordingly. For example, if a plaintiff sustained $100,000 in damages from a car accident but is found 15 percent at-fault, the defendant would only have to pay the plaintiff 85 percent, or $85,000, as compensation. But a plaintiff cannot recover any compensation if their share of the fault exceeds 50 percent.

What Damages Can You Seek Following a Car Accident in Cypress, Texas?

Personal injury cases are civil in nature. This means that if a defendant is found liable for causing a car accident, they can be required to pay financial compensation known as damages to the plaintiff. Broadly speaking, there three categories of damages available under Texas law for injuries sustained in a car accident:

• Economic Damages: Any “out of pocket” loss that can easily be quantified in terms of dollars falls within the heading of economic damages. For most car accident cases, this will include medical expenses, medical bills, and lost wages, as well as estimated future losses in these areas. Economic damages can also include any long-term rehabilitation costs or the replacement of damaged property.
• Non-Economic Damages: Often called “pain and suffering” damages, this category covers losses that do not carry a fixed bill or dollar amount, such as emotional trauma and a general loss of enjoyment of life. As non-economic damages are inherently subjective, it is generally left to a jury to decide how much compensation is appropriate. Texas has no formal “caps” on non-economic damages in car accident lawsuits. However, in 2023 the Texas Supreme Court held there must be a “rational basis grounded in evidence” for a specific award of non-economic damages.
• Exemplary Damages: Also known as punitive damages, exemplary damages are meant to punish defendants for acts of fraud, malice, or gross negligence. This means that exemplary damages are not available in every car accident lawsuit. And Texas law further caps the maximum amount of exemplary damages a court may award, except in certain cases, such as accidents caused by drunk driving.

What Happens If Someone Dies in a Texas Car Accident?

Fatal car accidents are handled differently under Texas law than cases where the victim survives. A deceased person cannot file a personal injury lawsuit. Instead, state law provides for what is known as a wrongful death claim. Only the victim’s spouse, children, or parents, and the personal representative of their estate, may file a wrongful death lawsuit. The standard for proving a defendant’s negligence is the same as any other personal injury claim. But the family members may seek damages as compensation for their own losses arising from the fatal accident, such as the loss of the victim’s financial support and their grief and mental anguish.

The firm also handles truck accidents as part of their personal injury practice.

In addition to the family’s wrongful death damages, the estate may also pursue a survival action against the negligent defendant. This effectively takes the place of the personal injury claim the victim would have filed had they survived the car accident. Damages in survival actions may include the victim’s pain and suffering before they died.

Why You Need to Speak with Our Cypress Personal Injury Lawyer

Following a car accident, the negligent driver’s insurance company may approach you with an initial settlement offer. This is almost always not enough to fully compensate you for your losses. But the insurer is betting on the fact you are desperate for any amount of money and will gladly sign away your right to sue in exchange for a pittance.

It is crucial to contact emergency services immediately after an accident to ensure your safety and document the incident properly.

Do not fall into this trap. You should never attempt to resolve a potential personal injury claim arising from a car accident without first speaking to a personal injury attorney. Hiring personal injury attorneys is essential as their expertise can help you navigate complex legal processes and insurance negotiations. An experienced attorney can help you recover compensation for various damages, including medical expenses and emotional distress. The Stano Law Firm can sit down with you and provide you with information about your rights under the law and whether it makes sense to settle or file a lawsuit. So if you need to speak with a qualified Cypress car accident attorney, call us today at (832) 722-0390 or contact us online to schedule a free consultation. We proudly serve clients throughout Harris County, Texas.

FAQs for Car Accidents in Cypress

1. What Are My First Steps After a Car Accident in Cypress?

After a car accident in Cypress, your safety is the top priority. Move to a safe location if possible, call 911 to report the accident, and check for any injuries among all parties involved. Document the scene with photos and collect contact details from witnesses. This will help protect your interests during any insurance claims or legal proceedings.

2. Is It Necessary to Call the Police for All Accidents in Cypress?

While not legally required for very minor accidents without injuries, it’s often a good idea to call the police in Cypress. An official police report can be a critical piece of evidence when filing insurance claims or if disputes arise about who is at fault.

3. What Should I Do If the Other Driver Flees the Scene in Cypress?

If you’re involved in a hit-and-run in Cypress, try to note the fleeing vehicle’s license plate number, make, model, and color. Report the incident to the police immediately. Your insurance policy may include uninsured motorist coverage, which can help cover your losses.

4. Can I File a Claim If the Accident Was Partially My Fault in Cypress?

Yes, in Texas, you can file a claim even if you were partially at fault. However, your compensation will be adjusted based on your percentage of fault. For instance, if you were 30% responsible, your total compensation would be reduced by that percentage.

5. How Long Does It Take to Settle a Car Accident Claim in Cypress?

The time to settle a claim varies depending on the complexity of the accident, the extent of injuries, and the cooperation of the insurance companies involved. It can take anywhere from a few weeks to several months. Consulting with an attorney can help expedite the process and ensure you receive fair compensation.

6. What If I Wasn’t Wearing a Seatbelt During the Accident in Cypress?

Not wearing a seatbelt may complicate your claim but doesn’t automatically bar you from recovering damages. Texas law still allows you to pursue compensation, although the insurance company may argue that your injuries were more severe because you were not wearing a seatbelt.

7. How Is Fault Determined After a Car Accident in Cypress?

Fault in a car accident is determined based on evidence such as police reports, witness statements, and any available video footage. Texas uses a comparative fault system, so if both drivers share responsibility, the percentage of fault will be assigned accordingly, impacting any compensation.

8. Do I Need an Attorney for a Minor Car Accident in Cypress?

While it’s possible to handle minor accidents on your own, having an attorney can be beneficial, especially if there are injuries, significant damages, or disputes over fault. An attorney can help ensure that your rights are protected and that you receive fair compensation.

9. What Role Does Insurance Play After a Car Accident in Cypress?

After an accident, insurance companies are responsible for covering the costs of damages and injuries based on the policyholder’s coverage. However, insurers often aim to minimize payouts, so it’s important to understand your policy and potentially consult with an attorney to advocate on your behalf.

10. What If the At-Fault Driver’s Insurance Isn’t Enough to Cover My Damages?

If the at-fault driver’s insurance is insufficient, you can seek compensation through your own underinsured motorist coverage if you have it. Additionally, you may have the option to sue the at-fault driver personally for the remaining costs, although collecting those funds can be challenging.

These FAQs are crafted to provide clear, relevant information specifically for individuals dealing with car accidents in Cypress, Texas, and aim to address common concerns that might arise after such an incident.