Auto Accident Lawyer
in Houston, Baytown and Galveston, Texas

Auto accidents comprise one of the largest practice areas at Marc Whitehead & Associates, and our auto accident lawyers have all the important information at our fingertips. If you have been involved in a car accident and need to know more about the Texas laws, you can schedule a free consultation with us.

The basic steps that need to be taken in a successful auto accident lawsuit are:

1.  Establish Negligence
The law states that all Texas drivers must exercise reasonable care and avoid doing things that they should know will probably cause injury to a person, or to property. Failure to comply with this is defined as negligence. That is, you are being negligent if you drive in such a way that anybody could predict you would cause harm. Some obvious examples would be speeding or driving at night without your headlights on.

Proper Lookout
The Proper Lookout standard was developed to pinpoint negligence more clearly. A driver’s proper lookout is his duty to be observant and careful, keeping an eye on nearby vehicles and their speed, obeying the basic rules of the road, and being aware of the general situation in which he’s driving. Failure in Proper Lookout constitutes legal negligence.

2.  Establish Causation
The next step is to show that the other driver’s negligence caused the accident in which you were injured. This is known legally as causation, and can sometimes be difficult to establish. If, at the time of the accident, you gathered information such as phone numbers of nearby witnesses, the causation step will be easier. Perhaps you took photos of skid marks, positions of vehicles, vehicle damage, or lighting and weather conditions. These would be very useful in proving the circumstances of the accident.

3.  Establish Your Damages
In this chain of legal thinking, the third step is to prove that your damages were the result of the other person’s negligence. The term damages includes:

Comparative Negligence
If the defendant in your lawsuit can prove to the court that your own actions contributed to the accident, the court may reduce your damages. It will establish a percentage of responsibility for you and reduce your award by that percentage. This is known as your comparative negligence.

Who Can be Sued?

Statute of Limitation
Texas law imposes a two-year period within which you may file a personal injury lawsuit. Once that period of time has elapsed, you are not able to file any claim. That means that the sooner you get started on obtaining legal assistance and gathering information, the better your chances are of a successful lawsuit. You can begin by scheduling a free consultation with one of our auto accident lawyers. He or she can then assess your situation, start gathering more facts, and get the ball rolling for you. If you’re too injured to come to our office, we can go to you. Call or email us today.

Contact us today.

For injury accident assistance in Houston or anywhere in Texas, call or email the personal injury experts at Marc Whitehead & Associates today. We'll do everything we can to make sure our clients get the compensation and the service they deserve.