Car Accidents

Overview: Car accidents are one of the most common causes of injury and death in our society. In fact, tens of thousands of people lose their lives in U.S. traffic crashes each year, and hundreds of thousands more are injured. Behind these statistics are real individuals and families suddenly confronted with pain, medical bills, vehicle damage, and the frustrating process of dealing with insurance companies. Most car accidents are preventable, caused by human error – studies have shown that about 94% of serious crashes are attributable to driver mistakes or misbehavior.

At RHC Law, we recognize that if you’ve been hurt in a car accident, you’re going through a difficult time. Our goal is to handle the legal complexities of your case so you can concentrate on recovery. We approach every auto accident case with compassion, detailed attention, and a determination to hold negligent drivers (and other responsible parties) accountable for the harm they’ve caused.

Typical Causes: Car crashes occur under countless scenarios, but some causes are especially common:

Distracted Driving: In today’s world, driver distraction is a leading cause of accidents. Distractions can include texting or using a smartphone, adjusting the GPS or radio, eating or drinking, or even conversations with passengers. Taking one’s eyes or mind off the road for just a few seconds (the time it takes to read a short text) can be the difference between a near-miss and a collision. For example, at 60 mph a car travels 88 feet per second – a lot can go wrong in those seconds a driver’s attention is diverted. Our firm frequently handles cases where the at-fault driver admits to “looking down for a moment” or where phone records show they were texting at the time of the crash.

Speeding and Reckless Driving: Speeding not only makes accidents more likely (because it’s harder to stop or react in time), but also makes the impact more severe when a collision does occur. Other forms of reckless driving include aggressive maneuvers like tailgating, weaving in traffic, illegal passing, or street racing. These behaviors greatly increase the risk to everyone on the road. We often work to obtain evidence of speeding – such as skid marks, vehicle black box data, or surveillance video – to prove when a driver was operating recklessly.

Driving Under the Influence: Despite public awareness campaigns, drunk driving and drug-impaired driving remain major causes of crashes. Alcohol and drugs slow reaction times, impair judgment, and can cause drivers to fall asleep or make erratic decisions. According to the NHTSA, thousands of people are killed each year by impaired drivers. If you were hit by a drunk driver, we can pursue not only compensatory damages but possibly punitive damages to further hold the driver accountable for reckless endangerment.

Failure to Obey Traffic Signals and Laws: Many accidents happen simply because someone ran a red light, rolled through a stop sign, failed to yield when turning left, or ignored other rules of the road. Intersection collisions (from running red lights or stop signs) often result in T-bone impacts, which are especially dangerous for occupants of the struck vehicle. We gather police reports and witness statements to establish when a driver ran a signal or violated a right-of-way, clearly demonstrating negligence.

Following Too Closely (Tailgating): Rear-end collisions are extremely common in urban and highway settings. Often, the trailing driver was following too closely to stop in time when the car ahead braked. This can be due to inattention or intentional aggressive driving. Even low-speed rear-enders can cause injuries like whiplash; higher-speed ones can push the lead car into others or into oncoming traffic, causing major harm.

Weather and Road Conditions Combined with Driver Error: Slippery roads, fog, or poor lighting can contribute to accidents, but usually it’s a driver’s failure to adjust to conditions that is the true cause. For instance, in rain a safe driver will slow down and leave more following distance. If they don’t, and hydroplane into another car, it’s considered negligence (driving too fast for conditions). Similarly, hitting a pothole or debris might be unavoidable, but losing control afterward can relate to how the driver reacted or the condition of their vehicle (e.g., bald tires). In some cases, a government entity could be partly liable for dangerous road conditions, but generally drivers are expected to be cautious when weather or roads are bad.

It’s worth noting that in many crashes, multiple factors play a role – for example, a driver might be slightly speeding and also momentarily distracted. Our attorneys examine all possible causes, including less-obvious ones (like a defective car part that caused a brake failure, or a poorly placed road construction sign), to ensure every contributing factor is considered and every liable party is identified.

Common Injuries:

The forces involved in car accidents can injure virtually any part of the body. Some of the most common injuries we see in car accident cases include:

Whiplash and Neck Injuries: Whiplash is a soft-tissue injury to the neck caused by the rapid back-and-forth “snapping” of the head in a collision (especially common in rear-end impacts). It can cause neck pain, stiffness, headaches, and sometimes cognitive symptoms or chronic pain if not properly treated. Related injuries include cervical spine strains, herniated discs, or nerve impingement that can lead to radiating arm pain.

Back and Spinal Injuries: The impact of a crash can compress or twist the spine. This may result in herniated discs in the back, fractured vertebrae, or serious spinal cord injury. A spinal cord injury is among the most devastating, potentially causing partial or full paralysis (paraplegia or quadriplegia) depending on the injury location. Even less severe back injuries can lead to long-term pain or mobility issues.

Head and Brain Injuries: A blow to the head (hitting the steering wheel, window, or headrest) can cause a traumatic brain injury (TBI). Concussions are a form of mild TBI and are quite common in crashes – symptoms can include confusion, memory problems, dizziness, or nausea. More severe brain injuries can cause extended loss of consciousness, cognitive deficits, personality changes, or coma. Even if you felt only “dazed,” it’s important to get evaluated for concussion after a collision. We often work with neurologists to substantiate head injury claims.

Facial Injuries: Deployed airbags, shattering glass, or collision with steering wheels can result in facial injuries – cuts and lacerations (sometimes leaving scars), broken noses, dental injuries (chipped or lost teeth), and eye injuries. These injuries can require plastic surgery or dental reconstruction, and scars on the face can be compensable as disfigurement.

Chest and Rib Injuries: The force of a seatbelt restraining you can bruise ribs or even fracture them in a high-impact crash. Steering wheel impacts can break ribs or the breastbone. Such injuries are painful and can also lead to internal injuries (e.g., a rib puncturing a lung causing a pneumothorax, or heart contusion).

Internal Organ Injuries: The blunt trauma from seatbelts or hitting interior parts of the car can cause internal injuries like a ruptured spleen, liver laceration, kidney injury, or internal bleeding. These are life-threatening and sometimes not immediately obvious, which is why it’s critical to get checked by a doctor after a serious crash.

Leg, Knee, and Foot Injuries: In many crashes, especially frontal impacts, occupants suffer injuries to their lower extremities. Knees might hit the dashboard, causing ligament tears (like ACL or meniscus injuries) or patella fractures. Ankles and feet can be crushed or twisted, leading to fractures or sprains. Broken legs (femur, tibia, fibula) are common in head-on collisions or side impacts. These orthopedic injuries can require surgery and extensive rehab.

Psychological Injuries: Surviving a violent car accident can be an emotionally traumatic experience. It’s not uncommon for victims to develop PTSD – feeling anxious while driving, having flashbacks or nightmares about the crash, or avoiding driving altogether. Depression and anxiety can also result, especially if the injuries cause chronic pain or lifestyle changes. Emotional distress is a compensable harm, and at RHC Law we take care to document and claim these damages when present.

Each person’s injuries and recovery are unique. Some may walk away from a high-speed crash with minor scrapes, while others suffer greatly from a “minor” fender-bender due to pre-existing vulnerabilities or just bad luck in how they were hit. We encourage clients to seek prompt medical attention for any pain or unusual symptoms after an accident – both for your health and to create a medical record connecting the crash to your injuries.

Legal Challenges:

While on the surface a car accident claim might seem straightforward (usually one driver is at fault for breaking a traffic law), several challenges often arise:

Dealing with Insurance Companies: Texas (and most states) follow an “at-fault” insurance system.

  

This means the at-fault driver’s insurance company is responsible for paying the damages. However, insurance adjusters are skilled at minimizing payouts. They may contest who was at fault, argue that your injuries aren’t as severe as claimed, or try to get you to settle quickly for a low amount before you understand the full extent of your injuries. One common tactic is to contact you soon after the accident, appearing sympathetic, and ask for a recorded statement or offer a quick check – these statements or quick settlements often end up hurting your case. RHC Law shields you from these tactics. Once we represent you, insurance companies must direct communications through us. We know the true value of claims and won’t let an insurer undervalue your pain, lost wages, or future medical needs.

Disputed Liability: Sometimes fault is not clear-cut. Perhaps each driver blames the other, or there was a multi-car chain reaction where everyone points fingers elsewhere. Texas follows a modified comparative negligence rule (shared fault), meaning you can still recover damages if you were less than 51% at fault, but your compensation is reduced by your percentage of fault. Insurance companies love to allege the victim was partly at fault – even something like “you were driving slightly over the speed limit, so you’re 20% to blame for the injuries” – to reduce what they pay. We combat these claims by gathering concrete evidence: skid mark measurements, vehicle damage analyses, any available video, and witness statements to establish the truth of what happened. If you did have some minor fault, we work to keep your percentage as low as possible.

Extent of Injuries and Causation: Another frequent battle is proving that the accident caused your injuries to the extent claimed. Insurers sometimes argue that your injuries were pre-existing or are exaggerated. For example, if you have any degenerative changes on an X-ray or MRI (which many adults do), they might claim your back pain isn’t from the crash but from a prior condition. Or if you delayed seeking treatment (“I was sore but hoped it would get better on its own”), they might argue you weren’t really hurt. Our job is to counter these arguments with solid medical evidence and expert opinions. We often use your treating doctors’ testimonies or independent medical experts to explain how the accident caused new injuries or aggravated an asymptomatic condition. We’ll also document your treatment diligently – from emergency room records and diagnostic imaging to physical therapy notes – to show the progression of your injury and the necessity of the care you received.

Calculating Future Damages: In cases of serious injury, a major challenge is determining and proving future losses. If you have a permanent injury or long-term impairment (say a brain injury or a fused spine from surgery), you may incur future medical costs (rehabilitation, surgeries, medications) and have diminished earning capacity. We routinely work with life care planners and economic experts who help quantify these future needs in dollar terms. Insurance companies often undervalue these future damages or argue that you won’t actually need certain treatments; expert analysis helps us claim a fair amount to cover what lies ahead.

Hit-and-Run or Uninsured Drivers: If you were injured by a driver who fled the scene or someone who has no insurance (or not enough insurance), it complicates matters. In hit-and-run scenarios, we’ll assist in trying to identify the culprit (through police, surveillance footage, etc.). But if that fails or an at-fault driver is truly uninsured/underinsured, we turn to your own UM/UIM coverage (uninsured/underinsured motorist) if you have it. These are essentially claims against your own insurer, and unfortunately, sometimes your own insurer can be as tough as an opposing company. We are adept at handling UM/UIM claims and ensuring your insurer treats you in good faith. If you don’t have UM coverage, other potential avenues include personal injury protection (PIP) benefits or med-pay benefits on your policy, which we can also help you claim.

Litigation and Trial: While many car accident claims settle out of court, some require filing a lawsuit and potentially going to trial – for instance, if liability is hotly contested or the insurance company refuses to offer a reasonable settlement for a major injury. Litigation brings its own challenges: depositions, expert witness battles, and possibly a jury trial. At RHC Law, we prepare from day one as if we will go to trial. Our thorough preparation often leads to better settlements (since the other side sees we’re ready to present a compelling case). And if a trial is necessary, we are seasoned trial attorneys who will present your case persuasively to a jury, never backing down from a fight for justice.

Potentially Liable Parties: In a standard two-car accident, the liable party is usually the other driver who violated a traffic law or drove carelessly. However, there are scenarios where additional parties may be liable:

Negligent Driver(s): The driver who caused the crash by speeding, texting, DUI, etc., is the primary liable party. If more than one driver was negligent (e.g., a three-car pileup where two drivers made mistakes), each can be held proportionally liable.

Vehicle Owner: If the at-fault driver does not own the car, the vehicle’s owner might be liable under certain circumstances. For example, if the owner knowingly allowed an unlicensed or incompetent person to drive their car (negligent entrustment), the owner can be held responsible for resulting accidents.

Employers (Commercial Vehicles): If you were hit by someone driving a company vehicle or a commercial truck on the job, that person’s employer is likely liable as well. Employers are responsible for accidents employees cause in the course and scope of employment. So if a delivery driver, sales rep, or trucker caused the accident while working, the employer or company’s insurance will be involved.

Manufacturers or Repair Shops: If a vehicle defect contributed to the crash (such as brake failure, tire blowout due to a defect, or a faulty accelerator), the manufacturer of the car or component can be liable under product liability law. Similarly, if a mechanic’s negligent repair led to a failure (for instance, improperly installed brakes), that repair shop could be liable.

Bar or Alcohol Provider (Dram Shop): In drunk driving cases, some states (including Texas) have dram shop laws that allow victims to hold a bar or restaurant accountable if they overserved alcohol to a visibly intoxicated patron who then caused an accident. These cases are complex but are an important avenue, especially if the drunk driver lacks sufficient insurance; a bar’s insurance can provide additional recovery for the victim.

Government Entities: If poor road design or maintenance was a major factor (e.g., obscured stop sign, malfunctioning traffic light, lack of proper road markings in a construction zone), the city or state could share liability. Also, if a government employee driving a government vehicle caused the crash, the government could be liable (though as noted, special rules apply).

Passengers or Pedestrians: This is rarer, but there are instances where a passenger’s actions (grabbing the steering wheel, for example) cause an accident, or a pedestrian’s negligent actions (darting into traffic unlawfully) contribute. Those parties can be held liable for the portion of fault they represent.

In every case, RHC Law performs a comprehensive investigation to identify all contributing causes and liable parties. This ensures you have the best chance to recover full compensation, especially if one party’s insurance isn’t enough to cover all your damages.

Why Choose RHC Law for Car Accident Cases: RHC Law has a proven track record of successfully handling car accident claims of all types – from straightforward fender-benders to multi-car highway disasters. Here’s why clients entrust their cases to us:

Experience and Expertise: Our legal team understands the nuances of auto accident law, insurance negotiation, and litigation. We stay up-to-date on traffic laws, vehicle technology (like using black box data), and medical issues common in car crashes. Whether your case involves a drunk driver, a rideshare vehicle, or a complicated dispute about who ran the red light, we have likely handled a similar scenario before and know how to proceed.

Thorough Investigation: We don’t cut corners. Our firm will gather police reports, scene photos, and witness statements, and if liability is contested, we may hire accident reconstruction experts early on. We also secure any available video evidence (dashcams, surveillance cameras) before it’s overwritten. This thorough approach often uncovers key evidence that others miss – for example, discovering that a traffic camera caught the other driver running the red, or finding witnesses through canvas of nearby businesses. Insurance companies have teams to investigate accidents; we level the playing field by conducting an even more rigorous investigation on your behalf.

Skillful Negotiation: Insurance adjusters recognize which law firms are serious and which just settle quickly. RHC Law has a reputation for fighting hard for our clients, which often leads to more respectful and fair treatment from insurers. We know the tactics adjusters use and we counter them with solid evidence and clear advocacy. When we enter settlement talks, we come prepared with a detailed accounting of all your damages – medical bills, wage loss documentation from your employer, future care cost projections, etc. – and we’re not afraid to demand the compensation you truly deserve. Our attorneys are shrewd negotiators who won’t be intimidated or fooled by lowball offers.

Trial-Ready Representation: While many cases settle, some must go to court. We prepare each case as if it will be presented to a jury. That means from day one, we gather and preserve evidence, and we plan our legal strategies around what a fact-finder would need to see and hear. Our attorneys are experienced trial lawyers who have successfully litigated personal injury cases. If a fair settlement isn’t offered, we will file a lawsuit and zealously represent you through every step – including discovery, motions, and trial. Insurance companies know which firms actually go to trial; our readiness often encourages better offers to avoid facing us in court. If we do try your case, rest assured we will compellingly tell your story and persuasively argue the law to achieve justice for you.

Personalized Client Care: At RHC Law, you’re not just a case number. We pride ourselves on treating clients like family. We will listen to your concerns, answer your questions promptly, and keep you updated on progress. Our team helps with more than just legal filings – we can assist in arranging medical care if you’re struggling to find a specialist, or help get your car repaired through the property damage claim. During what is often a stressful and painful time, we aim to be a source of comfort and confidence. You’ll find our attorneys and staff to be approachable, empathetic, and genuinely invested in your well-being.

No Fee Unless We Win: We handle car accident cases on a contingency fee basis, meaning you pay nothing upfront and no attorney’s fee at all unless we recover money for you. This arrangement allows you to access top-quality legal representation without worrying about costs. It also aligns our interests with yours – we are motivated to maximize your recovery.

In the aftermath of a car accident, you have enough to deal with – injuries, doctors, car repairs, missed work. Let RHC Law take on the burden of dealing with insurance companies and legal claims. Our combination of legal savvy, aggressive advocacy, and heartfelt client service is what sets us apart. We will fight for full compensation for your losses and walk beside you every step of the way. Your fight is our fight, and we’re here to win it for you.

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