After a motor vehicle accident, you’re often left sorting through pain, confusion, and unanswered questions. At Omondi & Associates, our attorneys combine legal insight with a medically informed perspective. Led by founding attorney Tom, who also has a background in nursing, our team helps you understand your injuries, your rights, and the steps needed to pursue the compensation you deserve.
You Have Rights, and You
Can (And Should) Take Action
A motor vehicle accident is any collision involving cars, trucks, motorcycles, or pedestrians on Texas roads. These incidents range from rear-end crashes to serious 18-wheeler collisions on highways. Beyond vehicle damage, they often involve complex injuries, from soft tissue strain to traumatic brain injuries, something Tom understands from his years as a nurse caring for patients after accidents.
Under Texas law, these cases follow a fault-based system, meaning the at-fault driver is responsible for damages. The modified comparative fault rule (Texas Civil Practice & Remedies Code §33.001) allows recovery only if you are less than 51% at fault. You generally have two years to file a claim (Tex. Civ. Prac. & Rem. Code §16.003). Our attorneys carefully evaluate medical records, explain how these laws apply to you, and help you pursue the maximum possible compensation.
Steps to Take if You’ve Been in a Motor Vehicle Accident:
- Check yourself and others for injuries and call 911 if needed
- Move to a safe location if your vehicle can be safely relocated
- Report the accident to law enforcement as required under Texas law
- Exchange information with all drivers, including insurance and contact details
- Document the scene with photos of vehicles, injuries, and surroundings
- Gather witness names and statements if anyone saw what happened
- Seek medical attention promptly, even if injuries seem minor
- Avoid discussing fault or making statements that could be misinterpreted
- Notify your insurance company and provide accurate, factual details
- Keep records of medical visits, expenses, and missed work
- Consult with an attorney to better understand your rights and options
Types of Motor Vehicle Accident Cases
Car Accidents
Car accidents often involve rear-end collisions, intersection crashes, or unsafe lane changes. In Texas, these cases typically hinge on proving negligence, such as distracted driving or speeding, while also addressing insurance coverage limits and how fault is shared.
Truck Accidents
Truck accidents tend to cause severe injuries due to the size and weight of commercial vehicles. These cases may involve multiple parties, including the driver and trucking company, and often require reviewing federal safety regulations alongside negligence laws.
Motorcycle Accidents
Motorcycle accidents frequently result in serious injuries because riders lack protection. These cases often involve drivers who fail to yield or notice motorcyclists and may require addressing bias while clearly demonstrating the other party’s responsibility for the crash.
Pedestrian Accidents
Pedestrian accidents commonly occur at crosswalks or intersections when drivers fail to yield. Texas law requires drivers to exercise caution around pedestrians, and these cases often focus on visibility, right-of-way rules, and the extent of injuries caused.
Rideshare Accidents
Rideshare accidents involving companies like Uber or Lyft can be complex due to layered insurance policies. In Texas, coverage depends on whether the driver was logged into the app, making it important to identify which insurance policy applies at the time of the crash.
Rear-end Collisions
Rear-end collisions are among the most common accidents in Texas and are often linked to following too closely or distracted driving. While the rear driver is typically presumed at fault, each case still requires careful evaluation of the circumstances and evidence.
Motor Vehicle Accidents FAQs
How Long Do I Have to File a Claim in Texas?
In most cases, Texas law gives you two years from the date of the accident to file a personal injury claim under Texas Civil Practice & Remedies Code §16.003. Waiting too long can mean losing your right to recover compensation altogether, so it’s important to act early.
What if I Was Partially at Fault?
Texas follows a modified comparative fault rule:
- Less than 51% at fault: you can still recover damages
- 51% or more at fault: you cannot recover compensation
- Your percentage of fault reduces your total recovery
For example, if you are found 20% responsible, your compensation is reduced by 20%.
Do I Have to Go to Court to Resolve My Case?
Not necessarily. Many cases are resolved through insurance negotiations.
However, if the insurance company disputes fault, injuries, or the value of your claim, filing a lawsuit may be the next step. The goal is always to pursue the best possible outcome while keeping the process as simple as possible for you.
What Damages Can I Recover After an Accident?
You may be able to recover compensation for:
- Medical expenses, both current and future
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
Contact Us for a Free Case Evaluation
It Costs Nothing to Understand Your Options After a Motor Vehicle Accident
After a motor vehicle accident, having someone who understands both the legal and medical side can make a real difference. At Omondi & Associates, our attorneys, led by Tom Omondi, help you make sense of your injuries and your options. You don’t have to figure this out alone. Reach out today to schedule your free case review for motor vehicle accidents.
