Following a car crash, a whole range of problems can pile up quickly. Your medical treatment may already be underway, you may be unable to work or even perform regular chores, and an insurance adjuster may be calling for a recorded statement before you fully understand your injuries. You may also be wondering who caused the collision and what you should do next. John Ghezzi is a Magnolia car accident lawyer who handles car accident claims in Magnolia and throughout Montgomery County personally. He has more than 30 years of experience in Texas courts and remains directly involved in the cases he accepts. You do not have to deal with the insurance process or legal issues alone. The firm offers a free consultation so Montgomery County car accident attorney John Ghezzi can listen to what happened, review the circumstances and explain the legal issues that may affect your Texas car accident claim.
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You Talk to the Lawyer, Not an Intake Desk
When you call the firm, you talk to Magnolia personal injury attorney John Ghezzi, not an intake specialist or case manager. He listens to your account, evaluates the circumstances and stays involved in the file rather than handing the matter through several layers of staff. That direct attorney relationship is a deliberate choice. The firm is not structured around processing a high volume of car accident claims. Seasoned car accident attorney Magnolia, TX John Ghezzi believes the lawyer handling a case should understand the facts first-hand and remain accessible as the matter develops. That can make a difference when an insurance adjuster disputes responsibility, medical treatment continues, evidence needs to be preserved or questions arise about the available insurance coverage. You know who is handling your case, and the attorney evaluating the legal issues is the attorney you speak with from the beginning.
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Types of Car Accidents Handled
Car crashes do not all happen in the same way, and the evidence used to establish responsibility can vary considerably. Experienced Magnolia, TX car accident lawyer John Ghezzi handles a range of collision claims, including:
- Rear-End Collisions: A driver who follows too closely, fails to stop or is distracted may strike the vehicle ahead. Evidence can include vehicle damage patterns, traffic conditions, photographs, witness accounts and the circumstances documented by investigating officers.
- Head-On Collisions: A head-on collision can result from crossing the center line, improper passing, impairment or loss of vehicle control. Skid marks, vehicle positions, roadway evidence and witness statements may help establish how the vehicles came together.
- T-Bone and Side Impact Crashes: These collisions frequently occur at intersections when one driver fails to yield, runs a traffic signal or disregards a stop sign. Signal timing, intersection photographs, vehicle damage and independent witnesses can help determine which driver had the right of way.
- Sideswipes: A sideswipe may occur when a driver changes lanes without ensuring the lane is clear or fails to maintain the proper lane. Damage locations, roadway markings, photographs and statements from occupants or witnesses can help establish the vehicles’ movements.
- Hit and Run: In crashes involving commercial trucks, cars, or other vehicles, if a driver leaves the scene, it can make identification and proof more difficult. Witness information, nearby surveillance footage, vehicle debris, photographs and law enforcement investigation may become important in identifying the vehicle or driver.
- Drunk Driving Crashes: Impaired driving may be supported by observations at the scene, field-sobriety evidence, chemical testing and the investigating officer’s findings. The circumstances surrounding the driver’s impairment can also become relevant to the liability analysis.
- Distracted Driving Crashes: Looking at a phone, reaching for an object, adjusting controls or simply taking attention away from driving can contribute to a collision. Witness accounts, vehicle data, phone-related evidence and the driver’s statements may help establish what happened.
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Who Is At Fault in a Texas Car Accident
Texas uses a system called proportionate responsibility when multiple parties may have contributed to an injury.
Proportionate Responsibility
Under Texas Civil Practice and Remedies Code Section 33.001, a claimant may not recover damages if the claimant’s percentage of responsibility is greater than 50 percent. When the claimant is 50 percent or less responsible, the damages are reduced according to the claimant’s percentage of responsibility under Section 33.012. That means being partly at fault does not automatically end a Texas car accident claim. The percentage assigned to each person can matter substantially, however, making an accurate investigation important.
Evidence to Prove Fault
Fault may be supported by the police or crash report, photographs of the scene and vehicles, witness accounts, traffic signals and roadway conditions. Damage patterns can help show the direction and force of impact. In more complicated collisions, crash reconstruction may provide additional analysis of vehicle movement, impact points and the sequence of events. An insurance adjuster’s initial assessment is not necessarily the final determination of responsibility. John Ghezzi examines the available evidence and the circumstances of the collision when evaluating a Texas car accident claim.
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What a Car Accident Claim Can Cover
A car accident claim may involve several different categories of losses.
- Current and Future Medical Costs: Medical expenses already incurred can be part of the claim, along with reasonably necessary future medical care arising from the injuries.
- Current and Future Lost Wages: The claim may also include lost wages when an injury prevents someone from working and lost earning capacity when the injury affects the ability to earn income in the future.
- Pain and Suffering Damages: Depending on the circumstances, compensation for pain and suffering or emotional anguish may also be available, especially in crashes involving catastrophic injuries.
- Property or Vehicle Damage: Vehicle damage is a separate practical concern that may need to be addressed alongside the injury claim.
- Wrongful Death Damages: In a fatal crash, the eligible family members of the decedent may be able to claim wrongful death damages, such as loss of income, loss of benefits, loss of inheritance, companionship loss, and funeral costs.
Insurance Coverage Available insurance coverage is an important part of the claim analysis. The responsible driver’s liability coverage may be relevant, but the available policy limits can affect what is realistically recoverable. Uninsured motorist and underinsured motorist coverage in Texas may also become important when the responsible driver has no insurance or insufficient coverage.
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What to do After a Crash in Montgomery County
- Call The Police: Report the crash and request that an officer investigate. Texas law requires certain collisions involving injury, death or significant vehicle damage to be reported, and investigating officers prepare collision reports when statutory conditions are met.
- Get Medical Attention: Seek medical care even when you initially feel fine. Some injuries may not become apparent immediately. Follow the treatment recommendations you receive.
- Photograph Everything: Take photographs of the vehicles, roadway, traffic signals, signs, visible injuries and other relevant conditions before evidence disappears or changes.
- Collect Witness Information: Get the names and contact information of people who saw the collision. Independent witnesses may have important information about vehicle movements, traffic signals and what happened immediately before impact.
- Notify Your Insurer: Report the crash to your own insurance company as required by your policy. Be careful about providing statements concerning disputed fault or injuries without understanding your rights.
- Be Careful With The Other Insurer: An insurance adjuster for the other driver may ask for a recorded statement. Speak with John Ghezzi before giving that statement so you understand how your account may affect the claim.
- Keep Every Record: Preserve medical bills, treatment records, prescriptions, wage information, repair documents, photographs and correspondence related to the crash.
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How Long You Have to File
Texas generally provides two years from the date a personal injury cause of action accrues to file suit. Texas Civil Practice and Remedies Code Section 16.003 establishes this two-year limitations period for personal injury claims, subject to statutory exceptions and special rules. The deadline for filing a lawsuit should not be confused with an insurance company’s reporting requirements. Your policy may require prompt notice of a crash, making that obligation much shorter than the statutory period for filing suit. Government claims and other circumstances can also involve different notice or limitations requirements. A prompt legal review from the experienced car accident lawyer Magnolia, TX John Ghezzi can help identify the deadlines that apply to your particular collision.
COMMON QUESTIONS
Frequently Asked Questions
Should I Accept The Insurance Company’s First Offer?
An early offer may be made before the full extent of an injury, necessary treatment and resulting losses is understood. Accepting an offer can affect the ability to pursue additional compensation. Before signing a release or accepting a settlement, have the proposed resolution reviewed in light of the available evidence and your medical circumstances.
What If The Other Driver Had No Insurance?
Uninsured and underinsured motorist coverage may provide an avenue for pursuing a claim through your own insurance policy when the responsible driver lacks adequate coverage. Whether coverage applies depends on the policy and circumstances. John Ghezzi can review the available insurance and explain the claim process.
Do I Need A Lawyer For A Minor Accident?
Not necessarily. A straightforward accident with limited damage, no disputed fault and no significant injury may not require legal representation. Legal advice becomes more important when injuries appear later, treatment continues, an insurer disputes responsibility, or the other driver’s account conflicts with the evidence. Magnolia car accident lawyer John Ghezzi will fight to recover compensation for your injuries and losses. Schedule a free consultation now.
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WRITTEN BY
Attorney John Ghezzi has over 30 years of trial experience representing injured Texans. He is a member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. View full bio →