Greater Katy Area Car Accident Attorneys

Our Firm Helps Injured People Recover After a Car Wreck

It only takes a moment for life to change forever. A car crash happens every 56 seconds in Texas. In 2019, 3,610 people lost their lives, 256,338 were injured, and hundreds of thousands of families were left reeling. It shouldn’t be that way.

People injured or killed in a crash that wasn’t their fault deserve more than the stress, pain, and frustration that life after the accident can bring. At Will Adams Law Firm, we fight to make sure that every one of our clients gets the financial resources they need to recover as fully as possible and to ensure the responsible parties are held accountable.

If you or someone you love has been hurt in a crash and doesn’t know what to do next, reach out to us. We can help you understand your options, make the best choices for your future, and help guide you through the legal process with dignity and respect.

Ready to schedule a private, complimentary meeting with one of our personal injury attorneys?

Fill out this simple online contact form or give our office a call at 1-800-559-0593.

What Causes Texas Car Crashes?

Every crash is different. The time of day, weather, and type of vehicle can all impact your car crash case. Because of these unique factors, your injuries, damages, and path to recovery will be different than anyone else’s experience.

After a crash, our highly trained team of car crash lawyers can carefully investigate its unique details and uncover hidden factors that other, less experienced professionals might miss. Some of the most common car crash causes include:

• Speeding
• Ignoring traffic signs and signals
• Unsafe maneuvering, including unsafe lane changes or failing to signal
• Distracted driving
• Driving under the influence
• Driving while sleepy, drowsy, or fatigued

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These crashes can also be influenced or made worse by other factors that are easier to miss, like:

• Driving while buzzed or on prescription medications that interfere with cognition
• Texting, messaging, or using social media while driving
• Talking on the phone
• Defective parts, like brake systems, tires, and airbags

Why does uncovering every factor in the crash matter? Because when you understand everything that contributed to your injuries, you can hold the responsible parties accountable. For example, if a drunk driver was over-served at a bar and their intoxication caused your crash, the business might owe you compensation under Texas’ dram shop laws.

A Katy, TX Car Accident Can Lead to Multiple Claims and Lawsuits

Texas operates under a fault-based system of personal injury law. This critical distinction means that if you are injured in a crash, you have the right to seek financial compensation—or “damages”—directly from the person or entity responsible for causing the accident. This is typically done by filing a third-party claim against their insurance carrier. However, the path to full financial recovery is rarely simple. Depending on the severity of your injuries and the specific insurance policies involved, a single car wreck can quickly initiate a complex web of multiple claims, and sometimes even a formal lawsuit. Understanding the different policies that may come into play is crucial for protecting your rights and ensuring you can maximize your recovery.

The At-Fault Driver’s Liability Insurance

The most obvious source of compensation is the at-fault driver’s liability insurance. Texas mandates that all drivers carry minimum liability coverage, known as 30/60/25 coverage. This means the policy must cover at least $30,000 for bodily injury per person, up to a total of $60,000 for all injuries in the crash, and $25,000 for property damage.

While this is the state-required minimum, it is often tragically insufficient, especially in cases involving severe injuries like fractures, concussions, or spinal trauma. If your damages—which include current and future medical bills, lost wages, and compensation for pain and suffering—exceed these low limits, the at-fault driver’s policy will quickly be exhausted. This reality is what makes investigating all other available insurance coverages so essential; you can’t rely solely on the minimum required coverage to pay for a lifetime of medical needs.

Understanding Personal Injury Protection (PIP) in Texas

Personal Injury Protection, commonly referred to as PIP, is one of the most important components of an automobile insurance policy in Texas. Unlike liability insurance, which is designed to protect you when you are at fault for an accident, PIP is a first-party coverage. This means it is designed to take care of you and your passengers immediately following a collision, regardless of who caused the event.

The No-Fault Benefit

The primary advantage of PIP is its no-fault nature. In many legal scenarios involving car accidents, insurance companies must conduct a lengthy investigation to determine liability. This process can take weeks or even months, during which time medical bills can accumulate and create significant financial stress.

PIP bypasses this waiting period. Because fault is not a factor, your insurance company is generally required to pay out benefits as the expenses are incurred. This provides a vital safety net that allows individuals to seek medical attention immediately without worrying about whether the other driver’s insurance will eventually accept the claim.

Legal Requirements in Texas

Under the Texas Insurance Code, every automobile liability insurance policy issued in the state must include PIP coverage unless it is rejected in writing. The law requires insurance carriers to offer a minimum of $2,500 in benefits.

While the minimum amount is helpful, many people choose to purchase higher limits, such as $5,000 or $10,000. If you do not wish to have this coverage, you must sign a formal waiver. However, from a practical standpoint, the protection provided by PIP far outweighs the modest increase in premium costs. It is often the most cost-effective way to ensure you have immediate access to funds following an emergency.

What PIP Covers

PIP is broader than simple “medical payments” coverage. While it does cover medical expenses, it also addresses the secondary financial impacts of an accident.

• Medical Expenses: This includes all reasonable and necessary costs for hospital visits, surgery, X-rays, dental work, and prosthetic devices. It also covers ambulance services and professional nursing.
• Lost Wages: If an accident prevents you from working, PIP can reimburse a significant portion of your lost income. This is particularly important for individuals who do not have separate short-term disability insurance.
• Essential Services: If the injured person is not a wage earner—such as a stay-at-home parent—PIP can pay for “essential services.” This includes the cost of hiring someone to perform tasks the injured person can no longer do, such as household cleaning, childcare, or yard maintenance.

Protection for Passengers and Pedestrians

PIP follows the policyholder. This means it does not just cover the driver; it also covers any passengers who were in the vehicle at the time of the collision. Furthermore, Texas PIP often extends to the policyholder and their family members if they are injured as pedestrians or while riding bicycles. This comprehensive scope makes it a versatile tool for family protection.

Impact on Insurance Rates

A common concern for many drivers is whether utilizing their PIP benefits will cause their insurance premiums to increase. In Texas, insurance companies are generally prohibited from raising your rates solely because you filed a PIP claim, provided the accident was not your fault. Since you are paying a premium specifically for this protection, you should feel confident in using it when the need arises.

Interaction with Other Claims

It is important to understand that using PIP does not prevent you from pursuing a liability claim against the at-fault driver. In fact, PIP can act as a bridge. While you are receiving PIP benefits to cover your immediate needs, a law firm can work on the larger liability case to recover damages for pain, suffering, and long-term financial losses.

Because PIP is a “collateral source” of benefits, the at-fault driver’s insurance company is typically not allowed to subtract the PIP payments you received from the final settlement they owe you. This allows you to effectively cover your out-of-pocket costs twice—once through your own policy for immediate relief, and again through the final settlement.

Choosing the Right Coverage

When reviewing your policy, it is worth checking your declarations page to confirm your PIP limits. If you currently have the minimum $2,500, you may want to contact your agent to discuss increasing those limits. Given the rising cost of healthcare and emergency room visits, a higher PIP limit provides significantly more peace of mind for a very low monthly cost.

By maintaining this coverage, you ensure that a sudden accident does not result in a sudden financial crisis for your family.

Uninsured and Underinsured Motorist (UM/UIM) Coverage

Perhaps the most critical, yet frequently overlooked, policy is Uninsured and Underinsured Motorist (UM/UIM) coverage. Like PIP, you must decline this coverage in writing if you don’t want it, meaning many Texans carry some level of protection. UM/UIM is specifically designed to step in and fill the gap when the party that caused your injuries lacks adequate insurance.

• Uninsured Motorist (UM) coverage applies if the at-fault driver has no insurance whatsoever, which is illegal but happens frequently, or in the case of a hit-and-run where the driver cannot be identified.
• Underinsured Motorist (UIM) coverage comes into play when the at-fault driver has minimum liability limits ($30,000) that are simply not enough to cover your devastating injuries and losses.

UM/UIM coverage can function as a crucial second layer of defense, ensuring that you aren’t left holding enormous medical debt just because the responsible driver failed to adequately insure themselves. This coverage typically mirrors the limits of your own liability policy and can pay for both bodily injury and property damage, providing peace of mind in the event of a catastrophic crash.

Collision Coverage and The Claims Complex

Beyond coverages for personal injuries, your own policy includes resources for vehicle damage. Collision coverage pays for the repair or replacement of your damaged vehicle after a crash, regardless of who was at fault. While it requires you to pay a deductible first, your insurance company will often pay for the repairs immediately and then pursue the at-fault driver’s insurer to get reimbursed—a process called subrogation. Once they recover the money, they should then refund your deductible. Other less common policies that might impact your claim include Medical Payments (MedPay) or liability policies covering commercial vehicles or employers, if the at-fault driver was working at the time of the wreck.

The simple act of filing an initial third-party liability claim often requires simultaneous navigation of your own PIP, UM/UIM, and Collision coverages. Successfully coordinating these multiple claims and ensuring all potential sources of compensation are leveraged requires a deep understanding of Texas insurance law and the claims process. This complexity is why seeking legal guidance immediately after an accident is the surest way to secure the compensation you deserve.