People use their cars every single day. We go to work, run errands, and visit friends. When accidents happen, it can be a scary and confusing time. Payne Law Firm is here to help you through it.
Our Houston car accident lawyers understand the complexities involved in car accident claims, and we know what it takes to hold negligent parties accountable. We have worked with clients throughout Texas and have successfully recovered millions of dollars in compensation.
If you or someone you love was involved in a car accident in Harris County, reach out to our team today to learn how we can help. Led by founding attorney Jason E. Payne, we are committed to helping you maximize your recovery and get back on your feet after a serious accident or injury.
As part of our Houston personal injury practice, we help people hurt in rear-end crashes, T-bone and left-turn collisions, hit-and-run wrecks, and crashes caused by drunk, distracted or uninsured drivers.
For a free, no-obligation consultation, contact us online to get started with our car accident attorney in Houston. Hablamos español.
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Table of Contents
Were you hurt in a Houston wreck? Talk with our team about your options.
How Fault Is Proven in a Houston Car Accident Claim
Proving negligence requires demonstrating that a party forgot to exercise reasonable care, resulting in harm to another. To establish a successful negligence claim, four key elements must be proven:
- Duty of Care: You must show that the defendant owed a legal duty to you. Generally, people have a duty to act with reasonable care to avoid causing harm to others, and drivers owe a duty to drive safely.
- Breach of Duty: Once a duty is established, you must show that the defendant breached this duty. Examples include drunk or distracted driving (such as texting), dozing off at the wheel, crossing the centerline illegally, or heading up a ramp in the wrong direction.
- Causation: You must show that the defendant’s breach of duty directly caused your injury or harm. Actual Cause: The injury wouldn’t have occurred “but for” the defendant’s actions. Proximate Cause: The damage was a foreseeable result of the defendant’s actions.
- Damages: You must prove that you suffered actual harm (physical, emotional, or financial) as a result of the defendant’s breach. Without damages, there’s no basis for a negligence claim.
Evidence like eyewitness testimony, expert opinions, all medical records, or accident reports may be needed to strengthen a negligence claim. Our article on proving fault after a crash on a Houston freeway shows how this kind of proof comes together.
When you hire a car accident lawyer, your legal team gathers this proof and builds the claim while you focus on healing.
Our guide to the first steps after a Houston car crash covers what to do at the scene and in the days that follow, from seeing a doctor to saving photos of the damage.
Meet the Houston Car Accident Lawyer Who Leads Your Case
Attorney Jason E. Payne is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and has been named to Texas Super Lawyers from 2019 through 2026. Jason Payne, who hails from Port Arthur, shaped his practice so that injured Houstonians come away feeling respected, informed and heard. For more than 20 years, Payne Law Firm has stood beside injured people and grieving families across the Houston area.
Every client here is treated like a member of the family. Payne Law Firm has helped over a thousand injured individuals and families pursue compensation. The team understands that many clients arrive already feeling overlooked by larger institutions.
Car accident lawyers typically work on a contingency-fee basis, meaning you pay nothing upfront and the attorney is paid only if you recover compensation.
To hear how past clients felt about working with the firm, read their client reviews. You can also browse the firm’s case results to see the kinds of injury cases the team has taken on.
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Have questions about fault or insurance? Ask us in a free consultation.
Texas Fault Rules for Houston Car Accident Claims
Texas is not a no-fault state. Instead, the state follows a fault-based (or “tort”) system when it comes to car accident claims. This means that you must typically prove that another person or party was at fault for the accident and that this is what caused your injuries and resulting damages.
If your crash happened inside Houston city limits, the police report usually comes from the Houston Police Department, and insurers often look to it when they weigh fault.
Texas applies a modified comparative fault system under Texas Civil Practice & Remedies Code § 33.001, which allows an injured party to recover only if their responsibility is not greater than 50%, with recovery reduced by that percentage.
Unless you have purchased additional insurance beyond the required liability amounts, you will likely not file a claim with your own insurance provider after an accident. Instead, you must seek compensation from the at-fault party’s insurance company.
This can be difficult, as insurance companies often go to great lengths to dispute, devalue, or deny rightful claims. Their goal is to limit payouts, not pay you what you are owed. Because of this, it is important that you work with an experienced auto accident attorney in Houston, like those at Payne Law Firm, who can help you fight back against the insurance company’s efforts to undervalue your claim.
Where to Find Our Houston Car Accident Lawyers
Payne Law Firm
2100 Travis Street, Suite 800, Houston, TX 77002
Get Help From a Houston Car Accident Attorney
After a car accident, you may be dealing with physical injuries, emotional trauma, and financial stress. Our experienced car accident attorneys at Payne Law Firm are here to help you seek the compensation you deserve for your injuries and losses. Whether you have suffered from whiplash, broken bones, traumatic brain injury, or other serious injuries, we will fight for your rights.
Our team will handle all aspects of your car accident case, including:
- Investigating the accident and gathering evidence
- Handling every conversation with the insurers for you
- Filing a personal injury lawsuit, if necessary
- Representing you in court and at trial
Our Houston car accident attorneys will go over your case with you at no charge in a first consultation. Se habla Español.
Schedule your free, no-obligation consultation today.
What Sets Us ApArt
Serious lawyers for serious accidents
client Focused
We will help you every step of the way, providing answers to your questions and continuing to update you on the status of your case.
A History of Success
We have helped over a thousand injured individuals and families get the compensation they deserved.
Battle-Tested
We not only understand the complexities of insurance companies but know how to fight them.
Full Transparency
Our team knows the importance of your case and is committed to doing what is best for you.
Questions About Houston Car Accident Claims
What compensation can I claim after a car accident in Houston?
After a car accident, you may be eligible for compensation including medical expenses, lost wages, pain and suffering, emotional distress, and property damage. In some cases, punitive damages may also be awarded if the other party’s actions were especially reckless.
How long do I have to file a car accident lawsuit in Texas?
A car accident lawsuit in Texas generally must be filed within two years of the wreck, the limit set by the statute of limitations. However, starting the process sooner helps preserve evidence and strengthens your case. Talking with a lawyer early can help you avoid missing a deadline.
How much do car accident lawyers charge in Houston?
Most personal injury attorneys charge 33.3% of the settlement if no lawsuit is filed. If the case proceeds to litigation, their fee typically increases to 40% due to the additional time and resources needed. Before you sign, read about whether a lawyer’s fee contract must be in writing.
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