Car Accidents

Houston Car Accident Lawyers

Auto Accident Injury Attorneys

If you have been injured in a car accident, what are your rights? While an insurance adjustor may answer your questions, the adjustor works for the insurance company and needs to protect the company's interests. As soon as you come in contact with the insurance company adjuster, they work to lessen their exposure and shift blame on to you if possible.  If you are injured in a car accident, it is important for you to have experienced car accident lawyers working for you from the moment you begin dealing with the insurance company.  It is extremely important for you to have a personal injury lawyer working for you before you give a statement to the insurance company adjuster. 

Car accidents can happen for many reasons.  The basic elements of a car or truck accident are similar to any negligence claim.  To prove somebody acted in a negligent manner causing recoverable damages (such as in an automobile accident), one must prove:

• A Duty
• Breach of the duty (negligence)
• Causation between the duty and
• Damages resulting from the breach of the duty.

 To prove that somebody was negligent (breach of a duty), it must be shown that the defendant failed use ordinary care - that which a reasonable person of ordinary prudence would have done under the same or similar circumstances.  We are all under a duty to use "ordinary care" in operating an automobile or truck.  In a personal injury claim involving a car or truck accident, negligence is generally what causes most accidents.  Some types of negligent behavior which can cause a car accident and personal injury include:

• Failure of the other car or truck driver to keep a proper lookout
• Failure of the other driver to control their speed such as speeding or driving too slowly.
• Following too closely by the other driver
• Failing to yield right-of-way
• Going through a red light or failing to stop at a stop sign
• Failure to control the vehicle
• Failure to use the brakes in the car
• Failing to use the horn
• Failing to use a turn signal correctly
• Driving in an impaired state such as under the influence of alcohol or drugs
• Driving on the wrong side of the road

This is not an exhaustive list as there can be many other ways that the car or truck driver can act negligently and cause injuries.  Furthermore, in many car accident cases, the negligent driver has failed to use ordinary care in multiple ways.

To prove that the negligent actions of the other car or truck driver is liable, we must show that they were the "proximate cause" of your injuries.  " Proximate cause" means that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom. There may be more than one proximate cause of an event.  In a car accident case, proximate cause is rarely an issue.

One negligence (duty, breach of the duty) and causation are established, it is necessary to evaluate the damages that can be recovered by somebody injured in an automobile accident.  The most common types of damages sought and recoverable in a car accident personal injury case in Texas are:

• Past and future physical pain and mental anguish 
• Past and future disfigurement
• Past and future physical impairment
• Loss of consortium
• Loss of household services
• Loss of past wages
• Loss of future earning capacity
• Past medical expenses
• Future medical expenses
• Punitive (Exemplary) damages in certain cases

Car wrecks can be the result of driver inattention, excessive speed, distractions and impairment.  Car accidents that are the result of driver impairment are quite common.  The impairment can be caused by many factors including drug and alcohol abuse.  In the event you have been injured in a car accident caused by a drunk driver, you need experienced personal injury attorneys to protect your rights from the start.  The more serious your injuries — especially if they require surgery, extended treatment, or time away from work — the more you need a personal injury lawyer to advocate for your rights.

In some cases, a claim for personal injuries from a car accident may also be brought against individuals other than the negligent driver.  If the driver was working for another company or individual then the employer may be responsible for the driver's negligence and the resulting damages.  Furthermore, even if not working, the owner of the vehicle may be liable for the negligence of the driver.  This is known as liability for negligent entrustment.  Under this cause of action, an owner of a vehicle that allows another to operate it can be held liable for his or her negligent driving.  The owner - whether friend, acquaintance, parent, brother, sister, spouse or other relative - may be liable if they negligently entrusted the vehicle to somebody they knew, or should have know, to be a reckless, incompetent or unlicensed driver.

Contact the Houston car accident attorneys at the Fleming & Palermo personal injury law firm.

Your Advocates Before the Insurance Company and in the Courtroom

At the Fleming & Palermo law firm, you will talk to Houston personal injury attorneys who are focused on your best interests. Michael P. Fleming and Sam Palermo are experienced personal injury lawyers who are board certified by the Texas Board of Legal Specialization in personal injury trial law.  Both of these Houston injury lawyers have been awarded the AV rating (highest) by Martindale - Hubbell.  Mr. Fleming is also a former Harris County Attorney with a reputation for effective courtroom skills.

Our law firm represents clients who have suffered serious or catastrophic injuries in an automobile accident, such as a spinal cord injury, traumatic brain injury (TBI), or other head, neck, or back injury. In addition, we represent families of fatal crash victims through wrongful death lawsuits. Our Houston personal injury lawyers offer experience, support, and guidance to clients following a serious motor vehicle accident, including:

• Car wrecks
• Truck Accidents
• Motorcycle Accidentsf
• DWI Accidents

What To Do After a Car Accident

• Take care of your injuries. Your first need after a car accident is to get medical treatment.  If you are injured, do not delay in seeking medical attention from a licensed medical doctor.   Some people injured in an automobile accident put off going to the doctor or emergency room.  Unfortunately, a delay in seeking medical attention for an injury sustained in a car accident can be used against you by the insurance company.  The faster you seek medical help the sooner you may be able to heal from your injuries.  Find out the extent of your injuries and follow treatment recommendations.
• Talk to an attorney, not an insurance company. Often after a car accident, victims are contacted by insurance company representatives seeking a recorded statement regarded the automobile accident.  When you are recovering from an injury, you are not in the best condition to answer an insurance company's detailed questions. Report the accident, but then talk to a personal injury lawyer immediately. At the Houston personal injury law firm of Fleming & Palermo, we are ready to listen and protect your interests.
• Act quickly. The sooner you talk to an auto accident attorney, the better. The accident evidence and witness accounts will still be fresh. There is a statute of limitations in Texas of two years. When you are the victim of a serious car accident, the insurance company will be working hard to collect facts and evidence to bolster a defense to your claim.  It is crucial that you contact experienced car accident lawyers who are board certified by the Texas Board of Legal Specialization in personal injury trial law.

The impact of lost wages, accumulating medical bills, and other expenses can be overwhelming to injured individuals and their families. If you or a loved one has been involved in a car accident, speak with a lawyer who is committed to you and your case. Contact the personal injury litigation attorneys at the Fleming & Palermo law firm.