Car Accident Lawyers

Let our car accident lawyers help you recover everything you are entitled to under the law.  Whether you have been injured in a car accident, truck accident, pedestrian accident, motorcycle accident, or bicycle accident, or if your loved one was killed as a result of a motor vehicle accident, we can help.  From minor to life-altering injuries, our attorneys will personally handle your case from beginning to end.  Don’t be overwhelmed by all the intricacies of the insurance, legal, and medical systems after a car accident.

While you focus on getting your life back together, we will deal with the insurance adjusters, coordinate your auto repairs, get you a rental car, and get you a top-dollar settlement. Our legal team is available 24/7. Call us at (855) 545-1777.

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We specialize in auto accidents. Whether you were struck on a bike or while in a car,

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MEET MANAGING ATTORNEY

Anthony Milano

Anthony is a dedicated personal injury attorney that handles auto accidents, truck accidents, motorcycle accidents, pedestrian accidents, wrongful death cases, and other personal injury cases. Anthony provides a hands-on approach to each case that comes through the door and is intimately involved in each and every case, no matter the size or seriousness of injury. From engagement to handling the property damage to settlement or verdict, Anthony personally manages each case to the finish line.

Anthony obtained a bachelor’s degree in business economics from the University of Arizona Eller College of Management. He went on to attend South Texas College of Law in Houston, where he received his Doctor of Jurisprudence. Anthony is licensed to practice law in Arizona, Florida, and Texas.

Types of Compensation in Car Accident Cases

There are two types of damages available in car accident cases in Texas: compensatory damages and punitive damages.

These compensate you for financial losses caused by your accident. There are several types of compensatory damages, including:

Medical expenses: Common auto accident medical expenses include hospital stays, doctor visits, physical therapy, surgeries, medications, and ambulance fees.

Lost wages: If you’ve missed work due to your injuries, you may be eligible to obtain compensation for the wages lost during your absence.

Loss of future income: Car accident injuries may prevent or diminish your ability to earn money in the future. If this applies to your situation, you may be able to recover compensation for the loss of earning capacity resulting from your car accident injuries.

Pain and suffering: Finally, you may be entitled to compensation for the physical, emotional, and mental distress you’ve suffered due to your car accident.

Punitive damages: Punitive damages punish defendants whose egregious conduct results in another’s injuries. If your personal injury attorney can prove that your injuries are the result of the defendant’s gross negligence or malicious behavior, then you may be entitled to punitive damages.

Common Causes of Auto Accidents

Although every auto accident is unique, there are a few common behaviors that lead to the majority of car crashes. Common causes of auto accidents in Houston include:

Distracted driving: Distracted drivingis the leading cause of car accidents. Forms of distracted driving include texting, applying makeup, eating, and using electronic devices.

Intoxicated driving: Driving while under the influence of illegal drugs, alcohol, and certain prescription medications should always be avoided. Although intoxicated driving isn’t the top cause of car accidents in the U.S., it is the deadliest.

Speeding: Driving over the speed limit drastically increases the odds of being involved in an auto accident. Not only are collisions more impactful at higher speeds, but speeding makes it more difficult to react appropriately to unexpected road conditions.

Reckless driving: Speeding, weaving in and out of traffic, and aggressive behaviors behind the wheel all routinely lead to car accidents.

Running traffic signals: Drivers who fail to obey traffic signals routinely cause auto accidents. By failing to stop at a red light or stop sign, drivers put themselves and others in danger.

Tailgating: It’s imperative to always maintain a safe distance from other vehicles while driving. Unfortunately, some drivers fail to adhere to this rule, and this can result in rear-end collisions. By driving too closely to another vehicle, the tailgating driver lacks the time to react when the other driver brakes suddenly.

Improper turns and wrong-way driving: Finally, many accidents are caused by drivers who make improper turns or drive in the wrong direction. Often, such behaviors occur when drivers fail to remain alert or pay attention to street signs.

What to Do if You’ve Had a Car Accident

After a car accident, you should take the following steps to ensure that you remain safe and to improve your odds of a successful outcome in a subsequent legal claim.

Call 911: After being involved in a car accident, the first thing you should do is call 911. Calling emergency services achieves several objectives following an accident in Houston. First, it causes law enforcement to respond to the scene of the accident. Next, it ensures that you receive immediate medical attention. In addition, the responding law enforcement officer will write an accident report that documents the details of the accident and identifies all parties involved. This information can be crucial if you file a claim later. Finally, Texas law requires you to report any accident that results in a severe injury, death, or damage to an automobile that renders it unsafe to operate.

Take pictures and videos: If you are physically capable of doing so safely, you should take photos and videos of the scene of your accident. Pictures and videos can serve as valuable evidence in a future legal claim. When documenting the accident, you should take photos and videos from multiple angles. In addition to documenting the scene of the accident, you should take pictures of any resulting property damage and injuries.

Gather information: After an accident, you should collect the name, contact information, vehicle registration number, vehicle make and model, insurance policy number, and driver license number of all other drivers involved in the accident. You should also collect the contact information of anyone who witnessed your accident.

Seek medical attention: Depending on the severity of your accident, you may or may not receive immediate medical attention at the scene of the accident. However, even if you are checked out by responding medical personnel at the scene, you should promptly schedule a follow-up appointment with a doctor. Car accident injuries can sometimes take days or even weeks to manifest, so it’s always a good idea to receive a thorough medical examination even if you don’t have any immediate injury symptoms. A doctor can ensure that you don’t have any internal or head injuries, both of which may not be readily apparent to medical personnel who respond to the scene of your accident.

Notify your insurance company: Be sure to notify your insurance company of your accident as soon as possible. However, don’t discuss the details of your accident with the other driver’s insurer. The other driver’s insurer will not have your best interests in mind. Don’t speak to the other driver’s insurance company until you’ve first discussed the matter with a Houston car accident lawyer.

Contact a car accident lawyer: Finally, if you’ve been involved in a car accident, you should contact a car accident lawyer as soon as possible. Legal representation is almost always necessary following an accident, so it’s imperative that you contact an experienced and knowledgeable auto accident attorney. As we discuss below, there are several ways that an auto accident lawyer can help you following an accident.

How a Houston Car Accident Lawyer Can Help You

Following a car accident in Texas, the other driver’s insurer will often do everything in its power to deny your claim. If you’ve been hurt in a Texas car accident, it can be difficult to take on a powerful insurance company by yourself. When you hire a Houston car accident lawyer, you drastically improve your odds of success.

At Milano Legal Group, our experienced personal injury lawyers have years of experience defending the rights of car crash victims just like you. When you hire us to represent you in your Houston auto accident case, we’ll use our experience and knowledge to fight for your right to obtain financial compensation for your injuries. Specifically, when you come to us for assistance, our Houston personal injury attorneys will:

  • Collect the evidence necessary to improve your chances of a successful outcome.
  • Defend you against the efforts of other parties to minimize the extent or seriousness of your injuries.
  • Aggressively seek financial compensation on your behalf.
  • If necessary, hire professionals such as accident reconstruction specialists, investigators, and expert witnesses to ensure that your car accident case is as strong as possible.

Get in Touch 24/7 for a Free, No-Obligation Consultation

If you are ready to seek compensation for your Houston car accident injuries, the experienced auto accident lawyers and Houston truck accident lawyers at Milano Legal Group are here for you. To get started, please fill out our Contact Us form, or enter a message in the chat box to speak to a live person anytime of day or night. We look forward to assisting you with your Houston car accident case.

FAQs

What does a personal injury attorney do?

Personal injury lawyers help their clients obtain financial compensation for their injuries. To do so, they use their knowledge and experience to navigate the legal system. Although this process has many moving parts, it can be separated into three stages: (1) investigation and initial demand, (2) litigation, and (3) legal recovery. When you hire a personal injury attorney, he or she will walk you through each step of the process, ensuring that you are fully informed of your rights along the way.

Investigation and Initial Demand

During the investigation and initial demand stage of your case, your lawyer will gather as much information as possible about your accident. Using this information, he or she will then make a demand to the defendant or the defendant’s insurer. If this initial demand results in a satisfactory settlement offer, then your attorney will ensure that you receive the amount you are owed. If, however, the other party declines to settle or makes a lowball offer, your attorney may proceed with a lawsuit.

Litigation

Personal injury litigation is extremely complicated, so your attorney will handle all aspects of it for you, including filing documents, conducting discovery, and gathering evidence. And although most cases settle during the litigation phase, your attorney will be ready and willing to fight for you at trial, if necessary.

Legal Recovery

Finally, whether you win at trial or obtain a settlement, your attorney will ensure that you receive the money you are owed. This may include coordinating payment through the defendant’s insurance company, filing post-trial motions to collect the judgment, or taking any other measures necessary to obtain what is rightfully yours.

How much does it cost to hire a car accident attorney?

Car accident attorneys work on a contingency fee basis. This means that they only receive payment if they negotiate a settlement on your behalf or win at trial. In other words, you only pay if your case is successful. Contingency fees typically range anywhere from 33 1/3% to 40% of the gross settlement before a lawsuit is filed and 40% to 45% of the gross settlement or verdict after a lawsuit is filed.

How do I know if I have a case?

Although every personal injury case is different, there are a few factors that, if present, are a good indicator that you have a case. You may have a case if:

  • You have an injury;
  • Your injury was caused by another party’s negligent behavior;
  • Your injury had financial consequences; and
  • Your injury happened within the applicable statute of limitations for filing a personal injury claim. (In Texas, the statute of limitations for a personal injury claim is two years from the date of the accident.)

What types of vehicular accidents can a personal injury attorney help me with?

A personal injury attorney can help you with any accident involving a motor vehicle. Common types of vehicular accidents include:

How should I choose a personal injury lawyer?

Following an injury, choosing the right personal injury lawyer is imperative. With the right attorney on your side, your odds of success increase drastically. When choosing a lawyer, you should do the following:

Choose a lawyer who exclusively practices personal injury law: Following an injury, you need an attorney who specializes in personal injury law. For example, you shouldn’t hire an estate planning attorney to handle your personal injury case.

Choose a lawyer who has experience handling cases like yours: Not only should the attorney you choose specialize in personal injury law, but he or she should have ample experience handling cases similar to yours. For example, if you’ve been injured in a truck accident, you should hire an experienced truck accident attorney. And if you were injured while riding a bicycle, you should choose an experienced bicycle accident attorney. The more specialized experience your attorney has, the better.

Choose a lawyer who has a history of taking cases to trial when necessary: Although most personal injury cases settle before trial, you need an attorney who is ready and willing to take your case to trial if necessary. 

Choose a lawyer with a proven history of success: Although an attorney should never guarantee a certain result in your case, lawyers are free to share their past successes with you. When choosing a lawyer, a long track record of success is always a good sign.

Choose an attorney who is happy to provide you with the contact information of past clients: A good lawyer will be eager to share his or her past successes with you, and part of this should include providing you with the contact information of previous clients.

My injuries aren’t severe. Do I still need an accident attorney?

Following an accident, especially a car accident, it can be difficult to gauge the severity of your injuries. Often, people eschew medical care following an accident when they don’t believe they’ve been seriously hurt. Unfortunately, the symptoms of certain types of injuries, such as internal and head injuries, can take days or even weeks to manifest. In other words, your injuries may be more severe than you realize. Therefore, in addition to seeing a health care provider following an accident, you should contact an accident attorney.

What does “negligence” mean in a car accident case?

Negligence may be the most important concept in personal injury law. Broadly, negligence refers to a party’s failure to meet a certain duty of care for a specific situation. When an injured party files a personal injury lawsuit, he or she must prove that the defendant’s negligence caused his or her injuries. Negligence in Texas consists of the following five elements:   

Duty: The first step in proving negligence in Texas is demonstrating that the defendant had a legal duty to behave or not behave in a certain way toward you. For example, if you were injured by a car while traveling on foot, your pedestrian accident lawyer must prove that the driver who caused your accident had a duty to pay attention to the road and obey traffic laws.

Breach: Next, you must prove that the defendant breached his or her duty to you. Using the example above, proving this element in a pedestrian accident case would require your Houston auto accident lawyer to demonstrate that the other driver failed to pay attention to the road and obey traffic laws.  

Cause in fact: After demonstrating that the defendant breached his or her duty, you must prove that the defendant’s breach was the actual cause of your accident and resulting injuries. For example, if you were hit by a car while riding a motorcycle, your motorcycle accident lawyer must prove that the accident itself—and not some other event—was the cause of your injuries.

Proximate cause: Not only must you prove that the defendant actually caused your injuries, but you must successfully argue that a reasonable and prudent person acting under similar circumstances would have known that his or her breach could result in injuries.

Damages: Finally, succeeding on a negligence claim requires you to prove that the defendant’s actions caused you specific and actual damages. In other words, the accident must have resulted in compensable losses, such as lost wages, medical bills, and pain and suffering.

How long will it take to resolve my accident case?

The amount of time it takes to resolve an accident case depends on the facts of the case. In other words, without knowing the details of your case, it is difficult to predict a timeline for resolution. Factors that can affect the time it takes to resolve your accident case include:

  • The value of your case
  • The severity of your injuries
  • The number of parties involved
  • The insurance company involved
  • The case load in your jurisdiction

How long do I have to file a personal injury claim?

Every state sets a deadline by which you must file a lawsuit after you have suffered an injury. This statutory deadline is called the statute of limitations. In Texas, the statute of limitations for a personal injury lawsuit is two years from the date of the injury. In other words, after suffering an injury in Texas, you have two years to file a lawsuit in court. If you miss this deadline, you will be barred from recovering for your injury. That’s why, if you’ve been injured in an accident, you should contact our team of experienced accident lawyers in Houston as soon as possible.

From The Blog

Auto accidents are destructive and complicated. We are here to answer all of your questions about police reports, insurance claims, settlements, and more.

What to Do if You’re Involved in an Accident With a Rideshare Car

Jul 1, 2021 | By Anthony Milano | Read Time: 2 minutes

Ridesharing is so popular that the chances are high of being involved in an accident with one of these drivers. After a collision, the next steps you take are critical to obtaining the compensation you deserve. Stop everything and try not to panic. Check if anyone is injured and, if possible, move yourself to safety or stay in your vehicle. Call 911. Emergency responders can attend to anyone injured, and the police will fill out an accident report. This report will play a vital role in proving liability when filing an accident claim. Even if everyone’s injuries were minor, it is in your best interests to have the accident officially investigated, especially when a rideshare driver is involved. Gather information. Ask for the names, contact information, and insurance details of everyone involved. If there are any witnesses, ask how you can get in contact with them as well. Eyewitnesses can have a significant bearing on how an insurance provider will treat your claim. Don’t admit fault. Choose your words carefully when you’re interacting with the other parties involved. Saying something as simple as “I’m sorry” can imply guilt, which can possibly be used against you when you file an insurance claim. Take pictures and/or videos. Photos and videos of the scene, the damage to the vehicles, their positions, and your injuries can be beneficial. Along with witness accounts, photos and video can help you prove liability when it is being disputed. Seek medical care. If you were not immediately transported to the hospital, see a doctor as soon as possible. There must be medical records linking your injuries to the accident for you to obtain compensation. Call your insurance provider. After collecting all the required information on the other parties, you can notify your auto insurer of the accident and discuss your coverage options. Speak to a car accident lawyer. As soon as you can, call a trusted Houston Car Accident Lawyer who is experienced in rideshare accidents specifically. These cases and figuring out which insurance policies apply can be complicated. An attorney will immediately begin investigating to gather the evidence you need to prove liability and obtain compensation to cover your losses entirely. Can You Sue a Rideshare Company after a Car Accident? Rideshare companies such as Uber and Lyft consider their employees independent contractors, making suing them for liability very challenging. As of now, legal issues on rideshare company liability are being worked out in the courts, but you do have the right to file an insurance claim. Uber and Lyft carry commercial insurance coverage with a maximum liability limit of up to one million dollars. However, these policies will only kick in if the driver was on duty at the time of the accident. If the driver did not have an active ride at the time, you can only recover up to $50,000 per injured person, up to two people. Any additional compensation would come from the at-fault driver’s personal insurance policy. Accidents caused by off-duty rideshare drivers must be covered by their personal insurance. Contact Us Today If you or a loved one has been severely harmed in a rideshare accident, contact Milano Legal Group. Our Houston Car Accident Lawyer can help you navigate this process and protect your best interests. Schedule your free consultation today.

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Who is Liable in a Self-Driving Car Accident?

Jun 30, 2021 | By Anthony Milano | Read Time: 2 minutes

Car accident claims are already complex, but when a self-driving or autonomous vehicle is involved, the level of complication rises significantly. Who is responsible for damages after a crash with a driverless car is an ongoing legal debate and the subject of many lawsuits. What is Considered a Self-Driving Car? A vehicle that is equipped with advanced technology and software systems so that it requires little to no effort by a human driver to operate. These vehicles have various levels of automation, from level one that requires driver assistance to level five, which is full automation. Potentially Liable Parties Concrete liability laws do not exist yet, but various factors unique to each collision will determine who is liable for a self-driving car accident. However, self-driving technology has not been perfected to where the car does not require some human assistance. In March 2018, a self-driving Uber car struck and killed an Arizona pedestrian, making it evident that autonomous vehicles could not sense, react to, and avoid unexpected danger. What this means is the human in a self-driving car involved in an accident, whether they are driving or remotely operating the vehicle, can be held liable if they cause an accident. If the driver or remote operator is an employee and working at the time of the accident, their employer could be vicariously liable for damages. Driver Liability Self-driving vehicle manufacturers are likely to blame a human driver in the event of an accident. On many autonomous vehicles, the software alerts the driver when they must take over the wheel. If the driver failed to take over when warned to do so, they can be held responsible. Manufacturer Liability There can be instances of a technological failure or the software failing to alert the driver quickly enough to avoid danger, making the manufacturer liable. In some cases, multiple parties will be liable, but it will depend on which parties were considered negligent and caused the accident. Texas’ Negligence Law Texas operates under the rule of modified comparative negligence. This law applies to self-driving accident cases and allows multiple parties to be responsible for damages resulting from a collision. However, each party’s percentage of fault will directly impact their recovery, and they must be 50% or less at fault to receive compensation. This is known as the 51% bar rule, which bars a claimant from recovering compensation if they are 51% or more to blame for an accident. Example: If you are awarded $100,000 and found 25% responsible because you were not wearing your seatbelt, you will receive 75% of your award or $75,000. On the other hand, if the jury determines you are 51% percent responsible, you will not receive compensation. Contact Milano Legal Group The manufacturers of self-driving vehicles or employers of those operating them will have teams of attorneys to help them devalue or invalidate your claim. When your health and financial future are on the line, you need an experienced Houston Car Accident Lawyer to help you hold the liable parties accountable. Contact us online or call (713) 489-4270 today for your free consultation.

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The Most Important Pieces of Evidence to Collect for a Car Accident Claim

Jun 29, 2021 | By Anthony Milano | Read Time: 3 minutes

When another driver is clearly at fault for your car accident, that doesn’t mean their insurance company will accept liability. There is evidence that is vital to supporting your accident claim, and here are some examples of what you need to obtain the compensation you are entitled to. Evidence from the Accident Scene The evidence you can gather from the crash scene includes photographs and videos, any available video surveillance, measurements of skid marks, the contact and insurance information for the people involved, and any witnesses. The positions of the vehicles after impact should also be noted, as well as the weather conditions and any surrounding factors that could have contributed to the collision. Police Report The police should always be called after a car accident so an official report can be made. The report will contain contact and insurance information for the parties involved if you were unable to obtain it. It will also include the position of the vehicles, how the officer believes the accident happened, who they believe caused it, and if any drivers were cited for a traffic offense that will also be noted. Although police reports are generally inadmissible in court, they will typically hold considerable weight with an insurance adjuster when determining who is liable. Eyewitness Statements Eyewitness statements or their evidence recordings can be an invaluable resource because they do not have their own interests in mind or care about the case’s outcome. However, it can be challenging to obtain a record of eyewitness testimony, so you likely need an experienced car accident attorney to help. Medical Records Medical records are vital to a car accident claim. They link your injuries directly to the accident and also testify to the severity of your harm and required future care. Information on your injuries can also possibly confirm the speed and position of the vehicles at the time of the crash. Documentation of Other Losses You will need to provide records and receipts to obtain compensation for any other financial losses related to the accident. For example, repair or replacement invoices for the damage to your vehicle and other property, a receipt for a car rental, etc. To show evidence of lost income, you can provide pay stubs and W-2s and any records of missing work. Expert Testimony Depending on the circumstances of your car accident, your case may require expert testimony. For instance, your attorney may hire a medical expert to testify to the extent of your injuries and how they will impact you in the future, a forensic accountant to calculate future losses, or an accident reconstructionist to gather additional evidence on how the accident occurred and who caused it. How Negligence is Proven in a Car Accident Case With the evidence you have gathered, you must be able to establish the following four elements to successfully hold another party liable for your car accident in court: Duty. The driver owed you a duty of care. (e.g., drivers have a legal obligation to follow traffic laws and exercise reasonable caution) Breach of Duty. The driver breached their duty by failing to use reasonable care. (e.g., texting and driving, running a stop sign, speeding, etc.) Causation. The driver’s negligence directly caused your injury. (e.g., medical records of treatment right after the crash) Damages. The last element you must prove is damages or financial losses. (e.g., medical bills, lost income, etc.) Proving negligence can be complex, and your actions immediately following a car accident are critical. Milano Legal Group Can Help You Our highly experienced Houston Car Accident Lawyer can help you preserve the critical evidence you need to prove fault and obtain the compensation you deserve. Message us online or call (713) 489-4270 today for your free consultation.

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