Causes, Injuries, Insurance, and what you need to know. Visit: https://attorneyguss.com

1. Houston Car Accidents
By Stewart J Guss, Attorney at Law
Copyright 2016
Smashwords Edition

2. Table of Contents
CHAPTER I: CAR ACCIDENTS IN HOUSTON....................................... Error! Bookmark not defined.
CHAPTER II: CAUSES OF ACCIDENTS ................................................ Error! Bookmark not defined.
Drinking and Driving ................................................................. Error! Bookmark not defined.
Red-Light Accidents .................................................................. Error! Bookmark not defined.
Texting While Driving................................................................ Error! Bookmark not defined.
Cell Phone Usage While Driving ............................................... Error! Bookmark not defined.
Smartwatches........................................................................... Error! Bookmark not defined.
Rear-End Collisions ................................................................... Error! Bookmark not defined.
CHAPTER III: TYPES OF INJURIES SUFFERED FROM A CAR ACCIDENT ............Error! Bookmark not
defined.
Whiplash................................................................................... Error! Bookmark not defined.
Back Injuries.............................................................................. Error! Bookmark not defined.
Face and Back Injuries .............................................................. Error! Bookmark not defined.
Wrist, finger, hand, and arm injuries........................................ Error! Bookmark not defined.
Spinal Cord Injuries ................................................................. Error! Bookmark not defined.
CHAPTER IV: FIRST STEPS TO TAKE AFTER AN AUTO COLLISION..... Error! Bookmark not defined.
Immediately After the Accident ............................................... Error! Bookmark not defined.
CHAPTER V: TALKING TO YOUR ATTORNEY..................................... Error! Bookmark not defined.
Other Driver(s).......................................................................... Error! Bookmark not defined.
Information About the Accident............................................... Error! Bookmark not defined.
Medical Records ....................................................................... Error! Bookmark not defined.
The Condition of Your Car After the Accident.......................... Error! Bookmark not defined.
CHAPTER VI: FIVE THINGS NOT TO DO ............................................ Error! Bookmark not defined.
CHAPTER VII: WHAT YOU NEED TO KNOW ABOUT INSURANCE COMPANIESError! Bookmark not
defined.
PIP Coverage............................................................................. Error! Bookmark not defined.
CHAPTER VIII: SETTLEMENT vs. TRIAL.............................................. Error! Bookmark not defined.
Insurance Company Settlements.............................................. Error! Bookmark not defined.
CHAPTER IX: CONCLUSION............................................................... Error! Bookmark not defined.

4. CHAPTER I: CAR ACCIDENTS IN HOUSTON
The National Highway Traffic Safety Administration calculates that 2.3 million people were
injured nationwide in automobile accidents in 2013. The Texas Department of Transportation
provides:
Based on reportable Texas crashes in 2014:
● There were 13,675 serious injury crashes in Texas in 2014 with 17,152 people sustaining
a serious injury.
● The 2014 death toll of 3,534 from auto collisions was an increase of 3.70% from the
3,408 deaths recorded in 2013.
● The Fatality Rate on Texas roadways for 2014 was 1.42 deaths per hundred million
vehicle miles traveled.
o 1 person was killed every 2 hours 29 minutes
o 1 person was injured every 2 minutes 13 seconds
o 1 reportable crash occurred every 66 seconds.
With this many Texas auto collisions, it is likely that you or someone you love will be involved in
an unfortunate crash. During stressful times like this, it is difficult to remember what steps to
take immediately after a crash occurs or to know where to begin to receive compensation for
your damages and injuries.

5. CHAPTER II: CAUSES OF ACCIDENTS
Drinking and Driving
It is common knowledge that drinking alcohol can significantly impair a person’s ability to drive
a motor vehicle. Unfortunately, is spite of this fact, drunk drivers continue to get behind the
wheel, often causing serious accidents that leave innocent victims severely injured. Fortunately

6. for victims, Texas law often entitles individuals that have been injured by drunk drivers to
obtain significant compensation for their injuries and other losses they may incur. Importantly,
a civil case that a victim may initiate is completely separate from any criminal proceedings
against a drunk driver.
Red-Light Accidents
According to the National Highway Traffic Safety Administration (NHTSA), nearly 8,000
individuals died in accidents involving a driver running a red light between 2004 and 2013.
Hundreds of thousands more sustained serious injuries in this type of intersection accident. In
recent months, the National Coalition for Safer Roads (NCSR) conducted a more thorough
analysis on the red-light accident data and determined the top ten cities that had the most
accidents in which a driver ran a red light. These ten cities are as follows:
1. Houston, Texas
2. Phoenix, Arizona
3. Los Angeles, California
4. Las Vegas, Nevada
5. Chicago, Illinois
6. Miami, Florida
7. Dallas, Texas
8. Philadelphia, Pennsylvania
9. Tucson, Arizona
10. Denver, Colorado
As you can see, Houston leads all of the states with the greatest number of fatal red light
accidents in the past decade.
Texting While Driving
According to the National Highway Traffic Safety Administration Authority (NHTSA), texting
while driving has increased 50% within the last year, with close to half of drivers surveyed
under 25 admitting that they have texted while driving. The majority of this age group is not
covered by the Texas ban on cell phone use. In Texas, only drivers under the age of 18 are
prohibited from using cell phones. One in four (26%) of American teens of driving age say they
have texted while driving, and half (48%) of all teens ages 12 to 17 say they’ve been a
passenger while a driver has texted behind the wheel.
Cell Phone Usage While Driving
Texting while driving is not the only threat. Drivers who use any hand-held devices are 4 times
more likely to get into crashes serious enough to injure themselves. Using a cell phone while

7. driving, whether it’s hand-held or hands-free, delays a driver’s reactions as much as having a
blood alcohol concentration at the legal limit of .08 percent.
Smartwatches
Texas is currently one of only four states that does not have an all-driver text message ban,
though the legislature has been trying to pass such a law in recent months. Even if Texas does
pass a texting and driving ban, new technology can allow drivers to still engage in distracting
activities. In recent years, watches have been introduced on the market that have the full
capability of most smartphones. These watches have operating systems, messaging, games,
apps, media players, GPS, and more. While many individuals may be putting down their phones
while they drive, they may still be tempted to use their smartwatch.
Smartwatches can cause the following:
● Visual distraction because you take your eyes off of the road;
● Manual distraction if you remove your hand from the wheel to use the touch screen on
your watch;
● Cognitive distraction because your focus changes from driving to manipulating your
watch.
Because drivers using smartwatches are engaged in multiple kinds of distraction at once,
this distraction is considered to be just as dangerous as texting or other messaging

8. Rear-End Collisions
According to the U.S. Department of Transportation Federal Highway Administration, each year
there are more than 6 million car accidents. Of those, 2.5 million are rear-end auto accidents.
There are many different causes of rear-end collisions including:
● Accidents - Sudden car accidents directly in the lane of traffic ahead can bring everyone
to a quick stop causing even multiple rear-end collisions.
● Construction - The sudden appearance of flag-bearing construction workers and
commercial vehicles suddenly backing into traffic can cause unexpected stops which
lead to rear-end collisions.
● Driver inattention - Distractions from cell phone usage, eating, listening to loud music,
conversing with passengers, and looking away from the road are frequent causes of
driver distraction.
● Faulty brake lights - Cars with inoperable brake lights do not give the vehicles in the
back sufficient notice of the driver's intention to stop.
● Road defects - Potholes, road signs that are obscured by foliage or other obstacles, and
non-working traffic signals can all contribute to a rear-end accident.
● Weather conditions - Rain, high winds, and fog can affect a driver's ability to see in front
of the vehicle, to stop in time, and to keep the car within a safe distance from the
vehicle in front.

9. CHAPTER III: TYPES OF INJURIES SUFFERED FROM A CAR ACCIDENT
Accidents can cause extremely serious and life-threatening injuries, some of which can result in
long-term medical problems or significant disabilities. Some of the more common injuries
sustained include the following:
• Broken bones
• Burns
• Soft tissue injuries
• Traumatic brain injuries
• Bruises
• Lacerations
• Spinal cord injuries
• Crush injuries
• Concussions
• Amputations
If a Houston driver or passenger is involved in a crash, they may sustain any of the above
mentioned injuries however, injuries can start with the short-term physical and last a life time
of mental and/or physical ailments.

10. Whiplash
Whiplash is a term used to describe pain and stiffness in the neck and shoulder area that occurs
when the neck, shoulders, and spine suddenly and violently move, or "snap" well beyond their
normal range. Also referred to as hyper extension and hyperflexion, the sudden snapping of the
neck, shoulders, and spine is like the motion of a whip as it snaps, hence the term whiplash.
According to the National Safety Council, 20 percent of all people involved in rear-end collisions
suffer a whiplash injury. Of those, almost 80 percent experience pain and soreness lasting
longer than a week. Fifty percent have pain and soreness that lasts more than a year.
Back Injuries
The force of impact, even at low speeds, can result in compression of the spine and the disks
located in the lower back area of the spinal column.
Face and Back Injuries
Many rear-end auto accidents occur at speeds of less than 20 miles per hour. In a slow speed
rear-end collision, when the airbags do not deploy, an individual’s face can smash into the
steering wheel. The force of the impact can break the nose, fracture the cheek and jawbone,
and even detach the retina. When speeds are higher than 20 miles per hour and airbags do
deploy, the impact can result in injury to the facial area and scalp.
Wrist, finger, hand, and arm injuries
The force of a rear-end car accident can cause the wrists, hands, fingers, and arms to jerk
violently on the steering wheel and hit the sun visor. Even when airbags deploy, the wrists,
fingers, hands, and arms can still become wedged between the airbag and the steering wheel
or dashboard causing injury.

11. Spinal Cord Injuries
These can be life changing injuries involving hundreds of thousands of dollars of medical care
and a lifetime of disability. While medical science is making great strides towards treatment, if
you suffer a spinal cord injury in Houston it is critical that you seek maximum compensation for
your damages.
According to the Centers for Disease Control and Prevention (CDC), there are some 200,000
people currently living with a spinal cord injury in the United States. Spinal cord injuries (SCIs)
are among the most serious injuries that a person can sustain. SCIs can lead to significant
medical issues, including paralysis, cardiac problems, respiratory issues, and depression.
Spinal cord injuries can be caused by a variety of incidents, ranging from car accidents to slip
and falls to sports injuries. As with other personal injury matters, when SCIs are caused by
someone else’s negligence, victims may be able to recover substantial compensation for their
damages.
The kinds of losses that may be recovered in a Houston spinal cord injury case can include
medical expenses, lost income, loss of quality of life, pain and suffering, costs of future
treatment, and loss of consortium, among others.
CHAPTER IV: FIRST STEPS TO TAKE AFTER AN AUTO COLLISION
It’s an unfortunate fact – everyone in Houston is likely to get into an auto accident sooner or
later. Do you know what to do after the crash? (And I’m not talking the stock market here!) A
car crash, no matter how big or small, it is a scary and serious event. You have important legal
rights under Texas law, but it’s YOUR responsibility to protect those rights.
Immediately After the Accident
FIRST: Stay calm! After any accident you are going to have loads of adrenaline dumped into
your bloodstream. This is what is responsible for the “fight or flight” feeling you may get. Just
remember, we are not cave men. We cannot flee the scene and we’re certainly not going to
fight!

12. SECOND: Check for injuries. Check yourself and then check on the other occupants of your
vehicle. If there is ANY chance that anyone may be injured, you should immediately call 911
and request an ambulance. There may be a life or death situation, so please don’t take any
chances. If it is safe to do so, you may check to see if the occupants in the other car are injured,
but NEVER SPEAK WITH THEM ABOUT THE FACTS OF THE COLLISION. NEVER! EVER!
THIRD: Protect yourself, other drivers, and the accident scene. I always recommend people
carry a safety triangle in the trunk of their car. Following a collision, if you have a safety device
or signal, you should place it an appropriate distance from the collision in order to warn other
drivers. You should do this ONLY if it is safe for you to do so. (Running out in the middle of the
Northwest Freeway to put up a plastic safety triangle would fall under the heading of “REALLY
bad idea!”)
FOURTH: Call the police. Depending on how busy they are, it may take them a while to
respond, especially if no one is seriously injured. Be patient. Many officers who respond to
traffic accidents are trained accident investigators. In protecting your rights, it is extremely
important to have an impartial police officer prepare a report. Always remember to be
extremely polite and cooperative with the police. Their jobs are extremely difficult and often
thankless. Remember: NEVER admit fault to the police. Simply tell them what happened,
answer their questions, and cooperate with their requests. They will assist you in exchanging
information with the other driver.
FIFTH: Get proper medical attention. I graduated from law school, but I didn’t attend medical
school. I’ll bet most of you didn’t either. Remember that serious injuries don’t always result in
immediate pain or bleeding. If you need an ambulance – use it. If not, you may later need to
drive to an emergency room or to your doctor’s office. Don’t take chances with your health.
SIXTH: (You knew this was coming, right?) If you have any questions or concerns about your
legal rights, consult with a top personal injury attorney. Most people don’t know what their
legal rights are after an accident, nor do they know how to enforce those rights. An honest and
knowledgeable attorney is your best ally in protecting yourself in the unfortunate (and almost
unavoidable) event of a car wreck. Remember, this article doesn’t act as specific legal advice.
I’m just giving some general tips here.
You can protect yourself before an accident by driving safely, driving defensively and always
wearing a seat belt. You can protect yourself after an accident by following these tips above.

13. CHAPTER V: TALKING TO YOUR ATTORNEY
Here is the type of information you should try to find before meeting with your attorney, if
possible. Remember – the MOST important thing is to talk to a qualified accident attorney as
SOON as possible after the incident. This list sets forth that information which will be most
helpful to your lawyer, but do NOT wait to consult with a lawyer just because you don’t have all
the information below!
Other Driver(s)
• What is/are the names of driver’s?
• What is the license plate number?
Information About the Accident
• When and where exactly did the accident occur?
• How did the accident occur?
• Were any photographs or videos taken at the scene?
• Was a police report filed, and if so, with which law enforcement agency?
• What traffic violations were the drivers charged with?
• Do you have names, contact info of witnesses or others involved in the accident?
• What was the road like?

14. • Were other cars or people involved?
Medical Records
• Were you taken to a hospital? If so, how long were you hospitalized?
• What treatments did you receive?
• What normal activities are you unable to do because of your injuries?
• What was your immediate diagnosis after the accident?
The Condition of Your Car After the Accident
• What damages were sustained to your car during the accident?
• Year, make and model of your vehicle?
• What is the working condition of the car?
• Have you received an estimate for the damages?
• Do you have photographs of your car both before and after the accident?
CHAPTER VI: FIVE THINGS NOT TO DO
For those of you who are intent upon destroying your claim, giving up your rights, and making
sure that you get BUPKIS for your personal injury claim, I’ve created this guide: “Five Easy Ways
to RUIN Your Personal Injury Case!”
1) Whatever you do, do NOT call the police to investigate your car accident! No, instead,
just trust the guy who just smashed into you when he “promises” he has insurance or
she “promises” to pay for your damages. Never mind the fact that they will almost
CERTAINLY change their mind and their story as soon as they leave the scene. If you
want to ruin your personal injury case, NOT calling the police after your car wreck is a
great way to do it.
2) If you want a great way to really mess up a liability claim – be sure not to report it to the
owner or manager! If you have been in an accident on the premises of another, it is
critical that you promptly report your accident and get the name and phone number of
who you speak with. If you really want to make sure you have a VERY hard time
recovering – not promptly reporting the claim is a great way make that happen.
3) Another tip to really hurt your case – do NOT take pictures or exchange information
with the other driver. So what if you have a cell phone that is PERFECT for taking photos
of property damage, drivers licenses, insurance cards, and thus recording important
evidence. If you are out to destroy your chances to make a recovery – keep that phone
in your pocket, don’t bother to take pictures. After all, those photos can REALLY help
prove your case and your damages later on down the line, and who wants that?
4) Another great way to ruin your case (and risk your health!) – do not promptly seek
medical treatment. So what if you could have sustained serious injuries, even if you are
not in pain right away. So what if you could wake up in the morning and hardly be able
to get out of bed. Cuts? Bruises? Headache? Dizzy? Back and neck pain? If you

15. REALLY want to know a GREAT way to ruin your personal injury case (and seriously risk
your health, I’m not kidding), make sure that you don’t get prompt treatment after your
accident. Only those people who want to make a recovery, preserve their rights, and
preserve their health seek immediate medical treatment.
5) The very best way to ruin your chances to recover on a personal injury claim – whatever
you do, do NOT contact a qualified and experienced personal injury lawyer to discuss
your claim and your rights. Instead, just call the insurance adjuster or investigator
directly. After all, they have YEARS of experience and training in the VERY best way to
deny you your rights. If you are really serious about making it almost impossible to
make a fair recovery, then give them a call, freely answer their questions, and don’t
worry about the fact that it is their job to figure out how to deny your claim or pay you
the least amount possible for your claim. Only those who are really serious about
getting full and fair compensation should contact an experienced personal injury lawyer.
CHAPTER VII: WHAT YOU NEED TO KNOW ABOUT INSURANCE COMPANIES
If you’ve been injured in a car accident, you would really like to think that you’re in “good
hands,” and that you’ll be treated like a “good neighbor.” I can’t tell you the number of times
I’ve had clients tell me that they just assumed their insurance adjuster would be fair with them
when they made a personal injury claim.
So many of my clients assume that the personal injury insurance adjuster will take the time to
carefully read and review their medical records, listen to their complaints and then use their
best personal judgment to make a fair settlement offer on their personal injury claim. The hard
truth is this: Most personal injury adjusters don’t have the time or the interest to pay you
what’s “fair,” and they rely on a computer as a substitute for human judgment.
I’ve written before that the FIRST call you should make after your auto accident is to an
experienced personal injury lawyer, NOT to the insurance company. Those insurance adjusters

16. have ONE job, and ONE job only – to get a release from you as QUICKLY and as CHEAPLY as
possible. Remember – a third party insurance company (the insurance company for the person
that hit you in a car wreck) has NO LEGAL RIGHT to demand a recorded statement from you.
There is NO good that can come of giving that recorded statement and what you say “can and
will be used against you” to try to deny your claim.
With a case load of 200-300 claims at a time, there is no way your typical injury adjuster has the
time to carefully review your medical records and give careful consideration to your personal
injury claim. The little known secret of personal injury claims is this – it is usually a computer
that is evaluating your claim, not a human adjuster. Most insurance companies use claim
evaluation software to analyze personal injury claims and “spit out” a settlement range. Rarely,
if ever, will you be able to settle a claim over this range.
PIP Coverage
Many people have an additional type of coverage called Personal Injury Protection, or “PIP” for
short. As a personal injury attorney, I highly recommend that everyone have this coverage on
their automobile insurance policy. It is not expensive for minimum coverage of $2,500.00, and
not that much more to increase this coverage even higher.
PIP coverage will pay for your medical expenses and 80% of your lost wages in the event you
are injured in a car accident, regardless of who was at fault. PIP will cover you and anyone
traveling with you in your vehicle at the time of the collision.
CHAPTER VIII: SETTLEMENT VS. TRIAL
It may seem like getting compensation for your auto accident claim as quickly as possible makes
the most sense. In most cases, however, if you have a legitimate claim, waiting out the arduous
litigation process will often result in a much fairer result.
Insurance Company Settlements
As stated already, your auto insurance company is not out to help you. They want to give you as
little money as possible, if any. One strategy for making this happen is offering a settlement
immediately after they have “processed” your claim. In almost every case, accepting this offer
will cost you significant amounts of money, not to mention loss of many important elements of
compensation. Before you make a deal with the insurance company, contact an experienced
and knowledgeable Houston accident attorney.
CHAPTER IX: CONCLUSION
The biggest take-away that you should get from this article is that your best chances for
receiving the compensation that you deserve are in the hands of a qualified attorney with your
best interests in mind. If you or a loved one has been injured or killed in an auto collision, call
an experienced car accident personal injury attorney.

17. Stewart J. Guss is a Houston Personal Injury Attorney with 20 years of experience. He
represents clients in Houston, Spring, Katy, The Woodlands, Tomball, Cypress and throughout
Texas with personal injury claims. Call Stewart now at 713-766-5883 for free, no obligation
consultation about your own claim. Remember, there is no charge for this consultation and
Stewart Guss will charge no fee unless he wins your case.
References
[1] http://ftp.dot.state.tx.us/pub/txdot/trf/crash-statistics/2014/01.pdf