Galveston Auto Accident Attorneys

From mounting medical bills to lost wages and ongoing pain and suffering, the aftermath of an accident is overwhelming. At Mark Diaz & Associates, our injury attorney understands the unique challenges that you’re facing, and our legal professionals are ready to help you win the financial compensation and justice that your case deserves.

Mark Diaz & Associates is an experienced law firm based in Texas, committed to providing top-notch legal representation for its clients. Founded by Mark Diaz, a seasoned attorney with over two decades of legal experience, our firm focuses on helping clients navigate the complexities of their claims and ensuring they receive fair compensation. Our dedicated injury attorney, backed by our law firm’s experience, represents clients in all types of motor vehicle accident injury and wrongful death claims.

Our Car Accident Areas Of Practice

At Mark Diaz & Associates, we handle a wide range of auto accident injury and wrongful death cases, including:

Motor Vehicle Accidents

• Car Accidents – Car accidents can lead to severe injuries and significant financial burdens. We help victims pursue claims for medical expenses, lost wages, and pain and suffering.
• Truck Accidents – Due to the size and weight of commercial trucks, accidents involving these vehicles usually result in catastrophic injuries. Our team has extensive experience handling the complexities of truck accident claims.
• Motorcycle Accidents – Motorcyclists are particularly vulnerable on the road. We fight for the rights of injured motorcyclists to ensure they receive the compensation they deserve.
• Bicycle Accidents – Bicycle accidents can result in serious injuries. We work diligently to hold negligent drivers accountable and secure compensation for injured cyclists.
• Pedestrian Accidents – Pedestrians are at a high risk of injury in accidents. Our firm is dedicated to helping injured pedestrians recover damages for their injuries.

Understanding the legal framework in Texas is crucial for pursuing a personal injury claim. In Texas, negligence is defined as the failure to act with the level of care that a reasonable person would have exercised under the same circumstances. To establish negligence, you must prove duty, breach, causation, and damages.

Texas follows a modified comparative fault rule. This means that if you are found to be more than 50% at fault for the accident, you cannot recover any damages. If you are 50% or less at fault, your compensation will be reduced by your percentage of fault.

In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. This means you have two years to file a lawsuit, or you may lose your right to pursue compensation.

The Injury Claims Process In Texas

Navigating the personal injury claims process can be daunting. Here’s a step-by-step overview of what to expect:

1. Seek Medical Attention – Your health is the top priority. Seek medical attention immediately after the accident, even if your injuries seem minor.
2. Collect All Accident Evidence – Collect evidence from the accident scene, including photos, witness statements, and contact information.
3. Report the Accident – Notify your insurance company about the accident and provide them with the necessary details.
4. Consult Our Attorney – Contact our accident injury attorney to discuss your case and understand your legal options.
5. Investigation – Our attorney, if we can take your case, will conduct a thorough investigation to gather additional evidence and build a strong case, ensuring you feel secure in the strength of your claim.
6. Negotiation – Your attorney will negotiate with the insurance company to seek a fair settlement. If a settlement cannot be reached, your case may go to trial.
7. Settlement or Trial – If a fair settlement is reached, you will receive compensation. If not, your case will proceed to trial, where a judge or jury will determine the outcome.

Why You Need An Attorney

Hiring a personal injury attorney to handle your accident claim is essential for several reasons:

• Experience – An experienced attorney understands the intricacies of personal injury law and can effectively navigate the legal system on your behalf.
• Investigation – Attorneys have the resources to conduct a thorough investigation and gather evidence to support your claim.
• Negotiation – Insurance companies often try to minimize payouts. An attorney will negotiate aggressively to ensure you receive fair compensation.
• Peace of Mind – Dealing with a personal injury claim can be stressful. Having an attorney handle the legal aspects allows you to focus on your recovery.

Texas Auto Accident Frequently Asked Questions

How Long Do I Have To File A Texas Auto Accident Claim?

In most Texas auto accident cases, an injured person has two years from the date of the crash to file a personal injury lawsuit. This deadline is known as the statute of limitations. If the claim involves a fatal crash, the family generally has two years from the date of death to file a wrongful death lawsuit. These deadlines are extremely important because missing the filing deadline can prevent the injured person or the surviving family from recovering compensation, even when the evidence of negligence is strong.

The two-year deadline does not mean an injured person should wait to begin the claim. Auto accident evidence can disappear quickly. Vehicles may be repaired or totaled, dash camera footage may be overwritten, witnesses may become harder to locate, and crash scene conditions may change. Medical documentation is also easier to connect to the collision when treatment begins promptly and continues consistently.

Some cases may involve shorter notice requirements. For example, if the crash involved a city vehicle, county employee, public bus, police vehicle, road maintenance crew, or another governmental entity, special notice rules may apply. These claims can be more technical than ordinary insurance claims, so accident victims should act quickly after a crash involving a public agency or government-owned vehicle.

What Should I Do Immediately After A Car Accident In Texas?

The first step after a Texas car accident is to check for injuries and call 911 when anyone is hurt, the vehicles are blocking traffic, there is major property damage, or the crash involves a suspected impaired driver. A police report can become an important piece of evidence because it may document the location, drivers, vehicles, insurance information, contributing factors, witness names, citations, and the officer’s observations.

If it is safe, drivers should move vehicles out of active traffic, exchange information, photograph the crash scene, document vehicle damage, take pictures of road conditions, capture traffic signals or signs, and collect contact information from witnesses. Photos should include close-up and wide-angle views because insurers often dispute how the crash happened or how severe the impact was.

Medical care is also important. Some injuries are obvious immediately, but others develop over hours or days. Neck injuries, back injuries, concussions, shoulder injuries, knee injuries, nerve pain, and soft tissue injuries can worsen after the adrenaline wears off. Delaying treatment can give the insurance company an argument that the injuries were not serious or were unrelated to the crash.

Accident victims should avoid apologizing, admitting fault, guessing about what happened, or making detailed statements before the facts are clear. Even a casual comment at the scene or during an insurance call can later be used to shift blame.

Is Texas A No-Fault Or At-Fault Auto Accident State?

Texas is an at-fault auto accident state. That means the person or party responsible for causing the crash may be financially responsible for the damages. In many cases, the injured person files a claim against the at-fault driver’s liability insurance rather than relying only on their own insurance coverage.

To recover compensation, the injured person generally must prove that the other driver was negligent. Negligence may involve speeding, distracted driving, drunk driving, drug-impaired driving, running a red light, failing to yield, unsafe lane changes, following too closely, reckless driving, or violating another traffic safety rule. The injured person must also connect that negligence to the crash and the resulting injuries.

Although Texas is an at-fault state, an injured person’s own insurance may still matter. Personal injury protection, medical payments coverage, uninsured motorist coverage, underinsured motorist coverage, collision coverage, and rental reimbursement can all affect how bills, vehicle repairs, and losses are handled after a crash. Some of these coverages may apply regardless of who caused the collision.

Because fault matters in Texas, evidence is central to the claim. Police reports, photographs, witness statements, medical records, vehicle damage, dash camera footage, surveillance video, cell phone records, crash reconstruction, and expert testimony may all play a role in proving liability.

What Compensation Can I Recover After A Texas Auto Accident?

A Texas auto accident claim may include compensation for both financial losses and personal harm. Financial losses are often called economic damages. They may include ambulance bills, emergency room treatment, hospital care, surgery, diagnostic imaging, physical therapy, pain management, prescription medication, follow-up visits, future medical care, lost wages, reduced earning capacity, vehicle damage, rental car expenses, and other out-of-pocket costs caused by the crash.

Personal harm is often described as non-economic damages. These damages may include physical pain, emotional distress, mental anguish, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, and the disruption the injury causes to work, family responsibilities, sleep, mobility, hobbies, and daily independence. Serious auto accident injuries can affect far more than medical bills, especially when the injured person cannot return to normal life for weeks, months, or permanently.

In fatal auto accident cases, surviving family members may be able to pursue wrongful death damages. These may include loss of financial support, loss of companionship, loss of care, funeral expenses, burial costs, and other damages recognized under Texas wrongful death law.

The value of an auto accident claim depends on many factors, including injury severity, medical treatment, long-term prognosis, fault disputes, insurance limits, available evidence, lost income, future limitations, and whether the defendant’s conduct was especially dangerous, such as drunk driving or extreme recklessness.

What Is The 51 Percent Rule In Texas Car Accident Cases?

Texas follows a modified comparative fault rule, often called the 51 percent bar rule. Under this system, an injured person can recover compensation if they are 50 percent or less responsible for the crash. However, their compensation is reduced by their percentage of fault. If they are found to be more than 50 percent responsible, they cannot recover compensation from the other party.

For example, if a driver has $100,000 in damages but is found 20 percent at fault, the recovery would be reduced by 20 percent, leaving $80,000. If that same driver is found 51 percent at fault, they would be barred from recovering damages.

This rule is one reason insurance companies often try to blame the injured person after a crash. They may argue that the injured driver was speeding, distracted, following too closely, failed to avoid the collision, was not wearing a seat belt, or contributed to the accident in another way. Even partial fault allegations can significantly reduce the value of a claim.

Strong evidence can help push back against unfair blame-shifting. Useful evidence may include traffic camera footage, dash camera video, photos of vehicle damage, witness statements, crash diagrams, black box data, 911 calls, police body camera footage, medical records, and expert accident reconstruction.

Should I Give A Recorded Statement To The Insurance Company?

Accident victims should be very careful about giving a recorded statement to an insurance company, especially the other driver’s insurer. Insurance adjusters may sound friendly and routine, but their role is to investigate the claim and limit the company’s financial exposure. A recorded statement can be used later to challenge fault, injury severity, treatment history, symptoms, or credibility.

The problem is that recorded statements often happen too early. The injured person may not yet know the full extent of the injuries, may still be shaken from the crash, may not have reviewed the police report, and may not remember every detail clearly. A simple mistake, incomplete answer, or uncertain estimate can become a problem later.

Injured people should avoid guessing about speed, distance, timing, impact force, medical diagnosis, future recovery, or who was fully at fault. They should also avoid minimizing pain by saying they are “fine” when symptoms are still developing. Insurance companies may use those statements to argue that the injuries were minor or unrelated.

A person usually must cooperate with their own insurance company under the terms of the policy, but that does not mean they should provide careless or speculative answers. Before giving any recorded statement, it is wise to understand who is asking, which insurance company they represent, whether the statement is required, and how the statement may be used.

What If The Other Driver Doesn’t Have Insurance In Texas?

If the at-fault driver does not have insurance, the injured person may still have options. One of the most important sources of recovery may be uninsured motorist coverage, often called UM coverage. This is optional coverage on the injured person’s own auto policy that may apply when the at-fault driver has no liability insurance.

Underinsured motorist coverage, or UIM coverage, may apply when the at-fault driver has insurance, but not enough to fully compensate the injured person. For example, if the injured person suffers serious injuries and the at-fault driver only has minimum liability limits, UIM coverage may help cover additional losses up to the policy limits.

Other coverages may also help. Personal injury protection, medical payments coverage, collision coverage, and health insurance may assist with medical bills, lost income, or property damage, depending on the policy. In some cases, there may also be another responsible party, such as an employer, vehicle owner, rideshare company, trucking company, bar that overserved an intoxicated driver, or manufacturer of a defective vehicle component.

Uninsured and underinsured motorist claims can still become adversarial. Even though the claim is made through the injured person’s own insurance company, the insurer may dispute fault, damages, medical causation, or the amount owed. For that reason, the claim should still be documented carefully.

How Are Texas Car Accident Settlements Calculated?

There is no single formula that determines the value of every Texas car accident settlement. Settlement value depends on liability, the severity of injuries, medical expenses, lost income, future treatment needs, pain and suffering, physical impairment, disfigurement, available insurance coverage, comparative fault, and the quality of the evidence.

Insurance companies usually evaluate both risk and exposure. If the evidence clearly shows the other driver caused the crash and the injured person has well-documented medical treatment, the claim may have stronger settlement leverage. If liability is disputed, treatment was delayed, medical records are inconsistent, or the injuries are difficult to connect to the crash, the insurer may offer less.

The long-term impact of the injury is often a major factor. A case involving temporary soreness and a few medical visits is different from a case involving surgery, herniated discs, fractures, traumatic brain injury, permanent scarring, chronic pain, or work restrictions. Future medical needs and reduced earning capacity can substantially increase the value of a claim when properly supported by medical and vocational evidence.

Insurance limits also matter. A claim may involve severe damages, but recovery may be limited if the at-fault driver has low liability limits and no other coverage is available. That is why attorneys often investigate all possible insurance sources, including employer policies, commercial policies, umbrella policies, UM/UIM coverage, and third-party liability.

Do I Need A Lawyer After A Texas Auto Accident?

A lawyer may not be necessary for every minor Texas auto accident. If there are no injuries, no fault dispute, and only minor vehicle damage, the claim may be handled directly through insurance. However, legal help becomes much more important when the crash causes injuries, medical treatment, lost income, disputed fault, permanent symptoms, or pressure from the insurance company to settle quickly.

An attorney can help investigate the crash, preserve evidence, communicate with insurance adjusters, identify all available coverage, evaluate damages, organize medical documentation, negotiate a settlement, and file a lawsuit if the insurer refuses to make a fair offer. In serious cases, a lawyer may also work with accident reconstruction experts, physicians, life care planners, economists, and vocational experts to show the full impact of the injury.

Texas auto accident claims can become especially complex when they involve commercial trucks, rideshare vehicles, uninsured drivers, drunk drivers, hit-and-run crashes, government vehicles, multiple defendants, catastrophic injuries, or wrongful death. These cases often require early evidence preservation and careful legal strategy.

The most important reason to seek guidance early is to protect the claim before deadlines approach, evidence disappears, or the insurance company obtains statements that can be used against the injured person later.

Call Our Galveston County Auto Accident Attorneys To Discuss Your Case

If you or a loved one has been injured in an accident caused by someone else’s negligence, Mark Diaz & Associates is here to help. Our dedicated injury attorney will fight for your rights and ensure you receive the compensation your case deserves. We serve clients throughout the state of Texas and offer a free consultation to answer your questions, discuss your case, and explain your legal options.

Be sure to get the legal help you need. Call our Galveston auto accident lawyers at Mark Diaz & Associates today at (409) 515-6170 to receive your free accident injury consultation. Let us help you on the path to financial recovery and legal justice.

When you hire Mark, you work directly with him. Clients have his personal cell phone number, because questions, emergencies, and concerns don’t always happen during business hours. You won’t be handed off to a junior associate or lost in a system where your case is one of dozens on a crowded docket. From arrest through resolution, Mark will remain personally involved and accessible.