Fort Bend County Car Accident Lawyer

Helping Accident Victims in Their Fight for Compensation

Proving negligence in car accidents can be a challenging task. If you’ve been injured in an accident and are interested in filing a claim for lost wages and medical expenses incurred during your recovery, the car accident attorney in Fort Bend County at The Sims Law Firm, PLLC is available to help you. 

Our experienced car accident lawyer is equipped to assess the facts of your case and build a strong legal argument to prove negligence and fight for the compensation you deserve. You don’t have to take this fight to the at-fault party alone! Our legal team is well-versed in the rules and regulations surrounding car crash claims in Texas, and Attorney Sims is skilled in applying relevant case law and precedents when necessary.

Call a trusted car accident attorney in Fort Bend County today at (713) 766-1445 or contact us online to schedule your free legal consultation.

Texas Car Accident Claims and the "At-Fault" System

Texas operates under an "at-fault" system for car accidents. This means the person who is legally responsible for causing the crash is also responsible for covering the resulting damages. Unlike "no-fault" states where each driver's own insurance covers their initial losses regardless of who was to blame, the Texas system requires a clear determination of liability.

This has several important implications for you as an accident victim:

• Proving Negligence is Key: To recover compensation, you must be able to prove that the other driver was negligent. Negligence is a legal term for failing to act with reasonable care, thereby causing harm to another person. This could involve anything from texting while driving to speeding or running a red light.
• The Role of Investigation: Because fault is the cornerstone of your claim, a thorough investigation is critical. A skilled Fort Bend County car accident attorney will gather evidence, such as police reports, witness statements, and traffic camera footage, to establish liability.

Navigating this at-fault system can be contentious, as insurance companies will often dispute liability to avoid paying a claim. This is a primary reason why having a strong legal advocate is so important.

Understanding Modified Comparative Negligence in Texas

Another critical aspect of Texas law is the "modified comparative negligence" rule, also known as the "51% Bar Rule." This rule addresses situations where more than one person may be partially to blame for an accident.

Here is how it works:

• You can recover damages from another party as long as your percentage of fault is 50% or less.
• Your total compensation award will be reduced by your percentage of fault.
• If you are found to be 51% or more at fault for the accident, you are barred from recovering any compensation at all.

For example, if you are awarded $100,000 in damages but are found to be 20% at fault for the accident (perhaps you were slightly over the speed limit when another driver ran a stop sign), your award would be reduced by 20%, and you would receive $80,000. However, if the court determined you were 51% at fault, you would receive nothing.

How to Determine Fault in a Car Accident Case

After a car crash, insurance companies will investigate to determine fault, but that doesn’t mean their report is final. According to Texas's comparative fault standard, fault can reduce compensation in a car accident personal injury claim. If the claimant is more than 50% at fault in the case, they may not seek compensation. 

Given these parameters, it’s common for insurance providers to attempt to limit recovery by attributing fault. You aren’t required to accept their reduction. Our Fort Bend County car accident attorney will investigate your case thoroughly to mitigate their reduction tactics.

Our legal staff and attorney will conduct an investigation using the following:

• Public Records
• Any emergency call recordings
• Surveillance video and information from the scene and the surrounding area
• Law enforcement body and dashcam video
• Expert testimony about the scene and vehicles
• Having an expert download the ECM (“black box”) on the vehicles involved in the collision.
• Review data from your vehicle's black box or “event data recorder”

The Fort Bend County car accident lawyer at The Sims Law Firm, PLLC will work in your best interest to ensure we have the records and evidence needed to present the best possible case on your behalf. Whether we need to go to court or negotiate a settlement with the insurance company in the case, you can trust our attorney to work diligently for you.

Compensation (Damages) in a Texas Car Accident Claim

The purpose of a personal injury claim is to make you "whole" again by providing financial compensation for your losses. In Texas, a car accident lawyer in Fort Bend County can help you pursue several types of damages.

Economic Damages: These are the direct and verifiable financial losses you have incurred due to the accident. They include:

• Past and future medical expenses (hospital bills, surgery, physical therapy, medication, assistive devices).
• Lost wages from time missed at work.
• Loss of future earning capacity if your injuries prevent you from returning to your job or require you to take a lower-paying position.
• Property damage, including the cost to repair or replace your vehicle.
• Out-of-pocket expenses, such as transportation costs for medical appointments.

Non-Economic Damages: These are intangible losses that relate to the human cost of the injury and its effect on your life. They are more subjective but are a critical component of your compensation. They include:

• Pain and suffering.
• Mental anguish and emotional distress.
• Physical impairment or disability.
• Disfigurement and scarring.
• Loss of enjoyment of life.
• Loss of consortium (the impact of the injury on your marital relationship).

Exemplary Damages (Punitive Damages): In rare cases where the at-fault driver's conduct was particularly reckless or malicious (e.g., a drunk driver with multiple prior offenses), a court may award exemplary damages. These are not intended to compensate you for a loss but to punish the wrongdoer and deter similar behavior in the future. A Fort Bend County car accident attorney can assess whether these damages may be applicable to your case.

The Texas Statute of Limitations: A Critical Deadline

In Texas, you have a limited window of time to pursue a legal claim after a car accident. This deadline is known as the statute of limitations. For most personal injury claims, you must file a lawsuit within two years of the date of the accident.

If you fail to file a lawsuit within this two-year period, you will almost certainly lose your right to seek any compensation for your injuries, no matter how severe they are. While there are a few very narrow exceptions, it is extremely risky to assume they will apply to your case.

This two-year deadline is one of the most compelling reasons to contact a Fort Bend County car accident attorney as soon as possible after a crash. This provides ample time to investigate the accident, gather evidence, negotiate with the insurance company, and, if necessary, file a lawsuit before the deadline expires.