Practice Areas

Car Accidents.

Serious collisions in Houston and across Texas. I take the fight to the insurance company so you do not have to.

The adjuster who calls you the day after a wreck is friendly, patient, and paid to close your claim for as little as possible.

A serious car accident does not end when the tow truck leaves. It becomes a contest between an injured person and a professional claims operation that does this every day. The carrier has adjusters, defense lawyers, and a playbook built to make your case smaller. You should have someone whose only job is to make it whole. That is what I do, personally, on every case I take.

Texas is a fault state

Texas does not use no-fault insurance. The driver who caused the crash, and that driver's insurance company, are responsible for the harm. That sounds simple until you realize the entire fight is over one word: fault. Who caused it, and how much.

Texas follows a rule called proportionate responsibility. A jury assigns a percentage of fault to each person involved, your recovery is reduced by your share, and if a jury finds you more than fifty percent at fault, you recover nothing at all. This is why the insurance company works so hard, so early, to pin part of the blame on you. Every point of fault it moves onto you is money out of your pocket.

Texas Civil Practice and Remedies Code Section 33.001 bars recovery when your percentage of responsibility is greater than fifty percent, and reduces it by your share below that line. It is often called the fifty-one percent bar.

The two-year clock

In Texas you generally have two years from the date of the crash to file a lawsuit. Miss that deadline and the strongest case in the world is worth nothing, because the court will not hear it.

Two years sounds like a long time. It is not. Skid marks fade, vehicles get repaired or crushed, surveillance video is overwritten in weeks, and witnesses forget or move away. The evidence that proves fault is disappearing while the adjuster is still being friendly. The sooner a case is in the hands of someone who knows what to preserve, the stronger it stays.

Texas Civil Practice and Remedies Code Section 16.003 sets a two-year limitations period for both personal injury and wrongful death. Certain situations shorten the practical deadline, so the date to act on is always the earliest one.

What the insurance minimums really mean

Texas requires drivers to carry only thirty thousand dollars of injury coverage per person, sixty thousand per crash, and twenty-five thousand for property damage. Those numbers, written thirty sixty twenty-five, are the floor. One ambulance ride, an emergency room visit, and a single surgery can pass the per-person injury limit before the long-term bills even start.

When the at-fault driver carries only the minimum, or carries nothing at all, the case does not end. It turns toward your own uninsured and underinsured motorist coverage, the part of your policy built for exactly this moment. More on uninsured and underinsured motorist claims →

Common Questions
How long do I have to file a car accident claim in Texas?
Generally two years from the date of the crash, under Texas Civil Practice and Remedies Code Section 16.003. Some circumstances shorten that window, so it is safest to treat the earliest possible date as the deadline and act well before it.
Do I still have a case if I was partly at fault?
Often, yes. Texas reduces your recovery by your percentage of fault and only bars it entirely if you are found more than fifty percent responsible. Being partly at fault is not the end of a claim, but it is exactly what the insurance company will try to exaggerate.
What if the driver who hit me had no insurance?
Your own uninsured and underinsured motorist coverage may apply. Texas insurers must offer it and can only leave it off if you rejected it in writing. Recovering on it can mean pursuing your own carrier, which is one reason to have a lawyer handling the claim.
What does it cost to hire you?
Nothing up front. Serious injury cases are handled on a contingency fee, which means the fee comes out of any recovery and there is no fee if there is no recovery. The first conversation is free.

Tell me what happened.

Free consultation. No fees unless we win. Speak with me directly, not a screener.

Contact Orlando Rodriguez

(713) 239-2300