Houston Speeding Car Accident Lawyers
Most Houstonians know a fundamental truth: you can’t speed around Houston traffic. Nonetheless, irresponsible drivers flout speed limits in an attempt to get to their destination ten minutes faster. When drivers cause a crash due to their reckless driving, they can be held liable for the damage they cause.
If you sustained injuries in a car accident caused by a speeding driver, you have the right to demand compensation from the at-fault party. The Houston personal injury attorneys of Gibson Hill Personal Injury can help you pursue a fair settlement to cover your medical expenses, missed work, and pain and suffering.
Traveling over the speed limit is reckless behavior that can lead to severe injuries and fatalities. Don’t let them get away with it.
Why Is Speeding Dangerous?
Speeding drivers can’t effectively control their vehicles. That increases the odds of a crash. If an accident does happen, the force of the impact will be greater than if the vehicle were following the speed limit.
Speeding is dangerous for the following reasons:
- Longer stopping distances
- Increased risk of road rage
- Reduced effectiveness of safety features, such as seat belts
- Increased likelihood of losing control of the car
- Greater chance of injury to drivers and occupants of other cars
- Reduced time to react to hazardous conditions
Speeding is as irresponsible as drunk or drugged driving. Driving too fast reduces reaction times, increases the chances of crashes, and diminishes good decision-making skills.
When your vehicle collides with a speeding car, the initial impact can jolt your body and cause a range of severe injuries. Unfortunately, some victims suffer fatal injuries or die instantly.
Common speeding crash injuries include:
- Traumatic brain injury
- Concussion or whiplash
- Loss of limb
- Crush injury
- Internal bleeding
- Spinal cord injury
Car Accident Laws in Texas
Texas state laws regulate auto insurance coverage and the legal process after a crash. All motorists must carry liability auto insurance with minimum limits for bodily injury and property damage. The state’s fault system allows injured victims to automatically hold the at-fault party financially responsible through an insurance claim.
Limits of liability: The injured victim can recover the value of their damages up to the limit listed on the at-fault driver’s policy. The state minimum is $30,000 for bodily injury and $25,000 for property damage.
Modified Comparative Negligence: Damages are reduced proportionately by the percentage of shared fault for the accident. A victim found at least 51% blame for their injury usually can’t pursue compensation.
Statute of limitations: The statute of limitations is a deadline for filing a lawsuit against the at-fault driver. In Texas, it’s two years from the date of the crash.
Defining Property Damage and Bodily Injury
Liability auto insurance policies feature two types of coverage for the injured party: bodily injury and property damage. The maximum compensation you could recover for both depends on the limits on the policy. There’s a state-required minimum, but policyholders have the option to purchase increased limits.
If the accident damaged your car, your lawyer could help you file a property damage claim for compensation for the following:
- Repair costs
- Fair Market Value for the total loss of your vehicle
- Personal property damaged in the accident
- Loss of use of the car
- Depreciation in the value of the vehicle
If you suffered physical or emotional harm, your attorney could file a bodily injury claim for compensation of the following damages:
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
Pain and suffering can include a variety of factors, including:
- Physical pain
- Emotional distress
- Psychological trauma, such as PTSD
- Diminished quality of life
Steps to Take After a Car Accident Caused by a Speeding Driver
Speeding accidents often cause severe injuries. When someone drives well above the speed limit, too fast on slippery surfaces, or in a construction zone, the damage they cause could be catastrophic.
If a speeding driver crashes into you, you can follow the below steps to protect your right to fair compensation.
- Go to a safe area away from the wreck and call 911. Wait for emergency responders to arrive and perform their investigation of the crash. They will document their findings in a traffic crash report that you or your lawyer can request online.
- If you’re able to move safely, take pictures of the accident scene and vehicle damage. If you see skid marks or debris on the road, take photos of them as well.
- Talk to witnesses and write down their names and phone numbers.
- Get information from the speeding motorist, including name and phone number, liability insurance carrier and policy number, insurance company phone number and mailing address, type of vehicle they were driving, and the extent of the damage.
- Go to the hospital or doctor and be honest about the symptoms you’re experiencing. They will evaluate your injuries and determine if you need further treatment. Continue seeing the doctors they refer you to until you’re released from care.
- Write down all the details you remember about the accident. Share it with your Houston speeding car accident lawyer to help them investigate the crash and locate relevant evidence.
- Keep every document you receive associated with the accident and your injuries.
What NOT to Do After a Car Accident
You might think that the driver’s speeding will be enough evidence to recover financial compensation from their liability insurance company. Unfortunately, insurance companies will do whatever it takes to save money. They’ll look for reasons to deny your claim or offer a low settlement.
The best way to protect your maximum settlement is to hire a qualified lawyer, like ours at Gibson Hill Personal Injury. In the meantime, try to follow the below recommendations.
Don’t admit any degree of fault for the crash. If the insurance adjuster determines that you share the blame, you may receive lower compensation based on the modified comparative negligence rule.
Don’t agree to a recorded statement with the liability insurance adjuster. Anything you say could shift the speeding driver’s level of fault. Reject the request and consult with your lawyer.
Don’t sign anything from the insurance company unless your Houston speeding car accident lawyer says you should. Insurance companies will try to trick you into signing away your rights. If you don’t understand the document you’re filling out, you might sign something that prevents you from pursuing the maximum settlement.
Don’t withhold medical information from your lawyer. We’ll need to request copies of your medical records from all the doctors that treated your accident-related injuries. If you start treatment with another doctor or go to a facility for imaging, share your results with your attorney.
Don’t try to handle your claim on your own. You need someone who can understand the insurance company’s legal jargon and protect your interests above all. Contact Gibson Hill Personal Injury to find out how we can do just that.
Can I Sue the Driver If My Loved One Died in a Speeding Accident?
Yes. You can file a wrongful death lawsuit against the speeding driver to recover the cost of your loved one’s medical treatment, funeral expenses, and pain and suffering. You must follow the Texas statute of limitations, which is two years. That means you have two years from the date your family member died to pursue compensation in the civil court system.
According to Texas statute 71.001, wrongful death is one party’s neglect, carelessness, wrongful act, default, or unskillfulness that leads to another party’s death.
Negligence refers to the legal duty of care individuals owe others to prevent them from harm. If they don’t take reasonable actions to prevent hurting someone, that’s a form of negligence. Speeding is a form of negligent action.
To file a wrongful death lawsuit, you must be a surviving spouse, child, or parent. You can choose to file as an individual or a group. Contact a lawyer as soon as possible, since you must pursue the case within three months of your loved one’s death. If you don’t, the responsibility will fall to the estate’s personal representative.
The damages you could claim in a wrongful death lawsuit include:
- Lost earning capacity
- Lost inheritance, including anything the deceased would have saved if they had lived
- Mental and emotional pain and suffering
- Lost maintenance, support, advice, counsel, and care the deceased would have provided family if they survived the accident
- Lost companionship, love, and comfort
Choose Experienced Representation with Gibson Hill Personal Injury
At Gibson Hill Personal Injury, our Houston speeding car accident lawyers understand the pain you’ve suffered. Someone’s carelessness injured you, and the consequences of their actions continue to affect your life.
You shouldn’t have to pay for the mistakes they made. When you hire us, we’ll fight hard to recover the maximum compensation available for your claim. You can depend on us to use aggressive tactics that get results.
If you were the victim of a car accident caused by a speeding driver, call us today at (713) 659-4000. We’ll schedule your free, no-obligation consultation and explain how our firm can help.