Overview of the Stewart J. Guss Firm

overview

Car Accident Attorney in Cypress, TX

Frequently asked questions by our prospective clients include:

  • How can I be sure I have the right attorney for my case?
  • Who will pay for my medical expenses and other damages?
  • How much is my case worth?
  • What if I am the passenger in a vehicle and get hurt, or what if I am a pedestrian?

We can answer all of those questions for you and more. We are a national law firm based near Cypress with multiple offices around the country. We also work with affiliate law firms in most states that share our focus and dedication to excellence. No matter where you are located, we may be able to help you, so call or contact us now. We are open for free, 24 hours a day, seven days a week, so contact us now by clicking here to submit your case for review.

What Are the Six Most Common Causes of Car Accidents In Cypress?

According to the Texas Department of Transportation (TxDOT), the leading causes of accidents on the roads in Texas were:

1. Distracted Driving

Driving while distracted is one of the leading causes of accidents in Cypress nationwide. Most of these accidents are fatal or leave the victims seriously injured. Using your mobile phone while driving is one of the leading causes of distractions. It increases the risk of crashing.

According to the Virginia Tech Transportation Institute, people who drive and text are 23 times more likely to crash than those who don’t.

2. Drunk Driving

In Texas as a whole, the rate of DUI driving under the influence) is high. The Texas Department of Transportation reports that one person is injured or killed every twenty minutes in a DUI crash.

According to the National Highway Traffic Safety Administration, alcohol or drug influence impairs:

  • Judgment - You draw on your judgment when you encounter new problems. Alcohol and drugs impair your judgment. This impairment leaves you incapable of making quick decisions.
  • Reaction Time - Alcohol and drugs slow down your information processing and response time. Alcohol is a depressant, which makes you tired and lowers your alertness to your surroundings.
  • Vision - Vision helps you determine distances. When you are under the influence, your ability to gauge speeds, distances, and movement on the road reduces significantly.

3. Driving While Fatigued

Driving while fatigued is also a danger on the roads of Cypress and Texas. Most drivers cause accidents because they are too tired to drive safely. Being sleepy has the same effect alcohol has on your body. Sleepiness reduces your reaction time, decreases your awareness, and impairs judgment,

4. Speeding

The faster you drive, the less time you have to react. The higher the speed, the more stopping distance you need. When speeding, even hitting the emergency brakes still gets you into a crash. Speed increases the impact force. The speed reduces the ability of the car’s safety systems, like seatbelts and airbags, to protect you.

5. Tailgating

Tailgating is following another car too closely and is a common habit with most people. This habit is often because of distracted driving, impatience, impaired judgment from alcohol or drugs, or road rage. The resulting rear-end crashes cause head trauma, whiplash, and other injuries.

6. Refusal To Yield

Drivers cause T-bone or sideswipe accidents when they refuse to yield to another vehicle, pedestrian, motorcycle, or bicycle. These accidents are common when drivers are about to make turns at intersections, merge into freeways, or go through pedestrian crosswalks and do not see the yield signs.

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What Do I Do After A Crash?

If you get into a car accident, there are some steps you can take to protect yourself.

  • Stop - Do not drive away from an accident scene, no matter how slight.
  • Protect the Accident Scene - Prevent more accidents by alerting others, especially at night or in the weather. Light your flares or keep your flashers on.
  • Call the Police - Even without serious injuries or fatalities, it is wise to call the police. You might need to get a police report for your insurance claim. The cars involved in the accident should stay at the accident scene.
  • Give an Accurate Record - Before the police arrive, they sketch a map that shows the direction of travel of both vehicles. Also, indicate where the crash occurred. List any circumstances concerning the collision, such as the weather conditions. Was it raining, snowing, foggy?

When the police arrive, they narrate to the investigation officer precisely what transpired. If there are things you don’t know, say so. Do not guess or say wrong things. If the police ask if you have injuries, do not say no. Rather, say you are unsure.

Most times, car accident injuries manifest hours after the accident. Confirm that statements by the other involved parties are accurate.

The accident might be a no-fault or not your fault. In this case, the official police report absolves you and holds the other party accountable. Do not attempt to hash out the costs with the one at fault, even if the other driver asks you to.

From your account of events, the officer judges who are at fault and gives that person a citation.

    • Take Photos - If you have a camera or a cell phone with a camera, take photos of the accident scene and damage. If you have injuries, some photos would also be helpful. Try not to interfere with the police investigation. If you can’t take pictures immediately, take them as soon as possible after the crash.
    • Take Contact Information - The investigating officers typically ask for this information. If the police do not show up during the accident, take the initiative and ask for the driver’s and passengers’ names, addresses, and contacts. Get their insurance details by requesting to see the other vehicles’ insurance cards. If there are witnesses, ask them for their details, too, so your attorney can contact them later. If the police arrive at the accident scene, they will provide the drivers with a police report number. Use this number to obtain a copy of the police report. If the accident is on a state highway, you can get a report from the state police.
    • Report to Your Insurance Company - Notify your insurance company of the accident as soon as possible. Most policies demand immediate reports and your cooperation. Check if your policy has medical benefits.
    • Seek Medical Attention - If you have no visible injuries, do not assume you are okay. Go to the ER and get a thorough checkup. Sometimes, seemingly minor impacts may injure your spinal cord and give you problems later if not treated. If you felt dazed or lost consciousness during the accident, you might have a closed head injury or concussion, which may cause behavioral or cognitive changes if untreated.
Stewart J. Guss, Attorney at Law

Consult an Accident Attorney

The most important thing you can do in this situation is to consult an accident attorney after an accident. The attorney will ensure no evidence goes to waste. Most of the time, insurance companies make statements immediately after a crash.

Ensure you have talked to your lawyer before you give any statements. Your accident attorney will advise you on ensuring you receive compensation for your damaged vehicle. It also ensures you get the medical treatment you deserve and get compensation for your medical bills. Accident attorneys work without any legal fees until they get compensation for your damage or injuries.

Most insurance companies try to evade compensation or underpay you. They will frustrate you and give you the runaround. A car accident lawyer will fight for you as the victim and ensure your compensation.

How Does the Court Calculate Pain and Suffering in a Car Accident?

In court, the judges and juries determine how to assign damages for your pain and suffering. The determination involves how severe your pain is, how long it persists, and how seriously the accident has affected your life.

The judge or jury considers how your quality of life has changed and if you can lead a healthy life after an accident or whether you are incapacitated. You may get economic or non-economic compensation, and they will also determine how much you get for these damages.

What is the Reasonable Settlement I Can Expect After a Car Accident?

All vehicles are not the same, and the severity of your injuries may vary with the next person. These factors make it impossible to say how much one should expect as compensation. The court calculates the settlement on the value of the damages that occurred due to the crash.

People looking at their cars after a car accident

What if the Other Driver is Uninsured?

According to Texas Transportation code 60.053, every driver must have liability insurance. They must always have proof of insurance with them and show it to a traffic officer on request. This coverage caters to medical care, property damage, and losses caused by accidents.

When the at-fault driver only has the minimum liability coverage amount or is uninsured, your Cypress accident lawyer may follow up with their employer.

They also help if the driver is uninsured or has the bare minimum liability coverage, and they:

  • They drive for ride-sharing companies like Lyft or Uber.
  • If the at-fault driver works as a transport truck or bus company

Your Cypress accident lawyer might follow up with a third party if other factors contributed to the accident, such as debris on the road or defective equipment. The lawyer might also sue the other driver if possible.

If you have UM/UIM insurance (Uninsured Motorist Insurance), the accident lawyer might also assist in filing a claim with your insurer. This insurance is additional coverage available on motor insurance policies.

Types of Accidents

Motor accidents come in different types, yet all can cause damage, injuries, and fatalities. Understand the accident type, what caused it, who should be held responsible, and what compensation you can get. Some common accident types include:

Head-On Collision

Head-on collision accidents are also known as road or lane departure accidents.

Many behaviors may cause drivers to veer off their lanes onto oncoming vehicles, such as:

  • Losing control on a Curve - An estimate by Transportation.org states that 23 percent of fatal head-on collisions occur when drivers take curves too fast and lose control.
  • Unsafe Passing - Transport.org estimates that 4.2 percent of head-on accidents occur when drivers attempt to pass on an undivided roadway (two-lane).
  • Distracted driving - Distracted drivers are not keen because they are focused on other things like their cell phones and drift or swerve from their lanes. The National Highway Traffic Safety Administration (NHTSA) reports that drivers using a cell phone are four to twenty-three times more likely to get into an accident. It depends on whether they were texting or talking on the phone.
  • Drowsy Driving - The surveyed 150,000 drivers in the District of Columbia and 19 states. All of them said they had fallen asleep behind their wheels at least once in the past month. A drowsy driver can drift out of their lane into oncoming vehicles.
  • Drunk Driving - A drunk driver crosses into the wrong traffic lane and may lose control and crash into other vehicles.

Head-on collisions can occur at any time if drivers engage in the above behaviors. Transport.org says that 75 percent of most head-on crashes happen on undivided two-way lanes in rural areas.

Rear-End Collisions

No matter how small the impact, rear-end collisions can cause you serious injuries. It would help if you never assumed or let the other driver tell you that you don’t need to involve insurance. Protect your rights by exploring all your legal options and getting the compensation due to you.

A slow-speed rear-end accident may lead to substantial medical bills, lost wages, and a lot of pain and suffering. Causes of rear-end collisions include:

  • Speeding
  • Tailgating
  • Distracted driving
  • Drunk driving
  • Drowsy driving
  • Driving a defective car with defective parts, such as brakes

However, it is not always the rear driver at fault in rear-end accidents. The driver in front of you may also cause an accident by:

  • Suddenly turning or changing lanes without signaling
  • Swerving in front of a car while avoiding another vehicle, object, person, or animal
  • Abruptly slowing down or stopping
  • Driving a vehicle with defective turn signals or tail lights

Side Impact Collisions

Side impact collisions are a frequent occurrence in Cypress. According to IIHS (Insurance Institute of Highway Safety), crashes can turn fatal. It’s because the sides of a vehicle have little to no space to absorb the impact. The IIHS reports that side-impact accidents account for nearly 25 percent of annual passenger deaths in the U.S.

Various reasons may cause side or T-Bone collisions, such as:

  • Not entirely stopping at a four-way intersection - Most drivers roll through stop signs instead of halting at four-way intersections. It’s also illegal in Cypress and a traffic code violation.
  • Not Yielding - When two cars arrive simultaneously, one driver must yield at an intersection. In Cypress and most states, traffic laws require drivers who come simultaneously to yield and let the driver on the left go through the intersection.
  • Running a Red Light - Running a red light is illegal and dangerous. A driver-side T-bone from a larger vehicle can be fatal for everyone in the car. In a survey by the American Trauma Society and the U.S. Department of Transportation, 63 percent of Americans observed someone running a red light several times a week and sometimes once a day. One in three people knows a person killed or injured by someone running a red light.
  • Turning Across Traffic Lanes - When you can turn legally and safely in traffic in a turning lane, you must wait until it’s safe. If you cut through and fail to make a timely turn, you might not escape the liability. According to Texas law, a driver turning left must yield to cars approaching from the opposite direction. It also applies when there’s a vehicle in the intersection or close enough to be an immediate danger.
  • Failure to Assess the Oncoming Vehicles When Making Right Turns at Intersections - Drivers often look both ways before taking a right turn at a red light. Most of the time, this isn’t enough on a busy road where a car might suddenly appear. It’s possible to miss a speeding vehicle from your right until it’s too late. It would be best to wait until it is safe to join the traffic flow.
  • Aggressive Driving - Aggressive driving and road rage are not new. With constant traffic, people get angrier and drive aggressively.
  • Bad Weather - During bad weather, such as rain or snow, it becomes challenging for drivers to stop their cars successfully. The driver may end up sliding past a traffic signal or stop sign, which is a risk.

Interstate Accidents

Harris County has four interstates. Cypress is on U.S Highway 290 and twenty miles from Houston to the northwest. On such busy interstates, accidents are common. The law caps the speed limits of vehicles at 85 miles per hour depending on the road segment.

The top causes of interstate accidents include:

  • Speeding
  • Distracted driving
  • Drowsy driving
  • Aggressive driving
  • Tailgating

Interstate Collision Dangers - Interstate accidents are generally severe, and most result in fatalities. Some of the risks after an interstate accident include:

Car Pile-ups - Drivers can’t stop or swerve on time due to the high speeds on the interstate. The result is cars ramming into each other, causing a multiple vehicle pile-up.

Truck Accidents

Interstates have large trucks crossing through. Large trucks often get into severe collisions due to their weight and size, causing jackknife and underride accidents. Legal responsibility in truck accidents is more complex than in other accidents.

Sometimes, the drivers may be at fault, but other parties may also be legally held responsible. The other liable parties include the truck owner, the loading, and the maintenance company. You should get a Cypress accident lawyer with experience to identify and prove who is liable for your injuries.

The lawyer will identify all insurance coverage for your injuries and damages. Most cases involve several insurance policies. For example, the trucking company, driver, and third-party vendors may all have separate insurance coverage. One insurance policy might cover the trailer, and another may cover the truck. A manufacturer might have coverage for special commercial liability.

High-Speed Accidents

Vehicles traveling on interstates at high speeds collide with more force. It makes it more likely for an interstate accident to be fatal.

Highway Construction Accidents - Highway construction and maintenance is an essential service. These construction sites often create dangerous situations that cause highway accidents, killing and injuring construction workers and drivers.

Any worksite has the potential for danger.

Highway construction projects are especially dangerous because of various factors such as:

  • The project may be outsourced to independent construction companies that neglect meeting safety regulations.
  • The construction sites are in the way of speeding vehicles. This factor means that any misplacement of equipment can make the area a danger to motorists.
  • Weather conditions make driving a challenge. If a construction company fails to understand or anticipate how the weather affects driving, the site might become a hazard.
  • Drivers who do not observe traffic rules and speed, drive drunk, or drive while distracted can crash into the construction site’s equipment.
  • If the construction workers do not mark dips or sharp curves, drivers may not slow down on time if they come unexpectedly to the site.
  • Lack of enough signage may cause crashes as the drivers don’t get ample warning to adjust to speed.

Parties involved in road construction, such as independent contractors and construction companies, have a duty to the public to complete their repairs on time. They’re also obliged to operate without endangering citizens using the road.

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Common Car Accident Injuries

Motor vehicle injuries may be fatal or leave an otherwise lasting impact on the victims’ lives. A vehicle’s weight, size, and speed play a significant role in accident injuries. A simple fender bender that might not seem serious can have a lasting effect on your body.

After an accident, one might feel okay and pain-free. When the adrenaline lowers, that’s when the pain starts in the head, neck, arms, legs, and back. It’s risky to assume you are okay immediately after an accident.

Common injuries associated with car accidents include:

  • Bone Fractures - The impact of another car hitting your vehicle at high speed can result in broken bones. The fractures mainly affect hands, arms, and wrists, as they are the ones you instinctively raise to shield yourself. Many also break their leg bones in different places, and the recovery time is long and painful. Other fractures include broken ribs, a breastbone, and a collarbone.
  • Soft tissue damage - After an accident, most people complain of neck pain. The neck might be stiff, sore and one has difficulty turning left or right. Whiplash is a common injury in car accidents and happens to drivers and passengers. Whiplash is when the neck muscles are strained or pulled during an impact. When a car sustains a rear impact, the vehicle rapidly moves forward. The seat also jerks forward with the driver in it, straining the neck and head. Whiplash occurs from any direction.
  • Brain Injuries - A car accident may cause the driver and passenger to sustain injuries that damage their brains from the impact. These injuries may cause the victims’ brain damage, altering their lives and families. A concussion is also a form of brain injury when hit on the head.
  • Spinal Cord Injuries - Spinal cord injuries are either severe or minor, depending on the impact. A severe injury may lead to full or partial paralysis.
  • Back Injury - Neck and back injuries can also result from car accidents, also referred to as soft tissue injuries. Back injuries may also include herniated discs. It’s when your spinal column in the back or neck is injured, and the vertebrae are pushed out of place, causing debilitating pain. These injuries may need a chiropractor or even a surgeon to align the spine. Your car insurance policy may cover these treatments under a clause known as PIP (Personal Injury Protection).
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How a Cypress Car Accident Lawyer Can Help You

If you or your loved one was in a vehicle accident and it wasn’t your fault, talk to the attorneys and legal professionals at Stewart J. Guss. Our professionals have been handling car accident cases for more than twenty years. Primarily, we serve Houston, Texas (Dallas, San Antonio, Harlingen, McAllen, Fort Worth, and Laredo) and Louisiana (Lafayette, Baton Rouge, and Lake Charles).

After a car accident, you may recover your medical, rehabilitation, medical devices, surgical, and chiropractor costs. You are also entitled to claim lost wages and your pain and suffering. The Cypress car accident attorneys of Trust Guss Injury Lawyers are nationally recognized accident lawyers. We have protected the rights of the injured victims for over twenty years. Call our office right now for a free consultation.

At Stewart J. Guss, we take all our accident cases on a contingency fee basis. It means you do not owe us a penny unless we secure your compensation. We are available 24 hours a day, seven days a week. Call us today or contact Stewart J. Guss Injury Accident Lawyers online.

Car accidents are devastating to the victim and their loved ones. They drain you emotionally and financially, especially if you have to sue for compensation. At Stewart J. Guss, our team of Cypress attorneys and legal professionals are always ready to help you make a claim.

Testimonials

They are not too pushy but provide you with the information to make an informed decision.

Heka

Guss, has a phenomenal Team and has hired great staff that is very caring! They are not too pushy but provide you with the information to make an informed decision. They are also really resourceful! Some of the staff have had real experiences that happened to them and were also taken great care of which prompted them to begin working for such a great law firm. Thank you Guss and Associates.

Stewart J. Guss and his team did an outstanding job handling my case.

James

From start to finish, they were professional, attentive, and incredibly effective. I was thrilled with the results – they secured a settlement that was twice what I expected! Their expertise and dedication truly set them apart. I highly recommend Stewart J. Guss for anyone in need of top-notch legal representation.

Mr. Stewart Guss is such a kind and caring attorney.

Ben

Mr. Stewart Guss is such a kind and caring attorney. In a world of attorneys that is very difficult to maneuver these days he stands out from the crowd not only for his expertise but for his integrity. Should you need a personal injury attorney to help you with a case do not hesitate; Run and get his help. You won’t regret it!!

I had the best experience with this firm. I have never gotten in an accident, so I didn’t know the process or what to expect at all.

Sabrina

I worked with Whitney and Kristen and they explained everything thoroughly from start to finish. They were always prompt in responding to any questions or concerns I had, and always kept me updated. My sister had also used them and I didn’t even know, but they said they liked working with them so that put me at ease. They honestly made a really great impression on me. And I would definite...

I recommend Mr. Guss to anyone who seeks hard-working staff.

Amanda

The law office of Stewart J Guss has very friendly staff, and is always accurate and reliable.  They got me what I deserved and was fast and on point with the whole case. They keep you up-to-date with your case and return any calls you place to them in a timely manner.  They answer your questions and concerns appropriately for all parties involved.  I recommend Mr. Guss to anyone...

I made the right decision to choose Stewart J Guss law firm.

Khanh

I made the right decision to choose Stewart J Guss law firm. Especially thanks to Ms Andrea Yoss and Whitzney. They were professional and communicative. Though it took time longer than expected but it was finally settled well. I highly recommended the law firm to anyone whom need help with auto accident cases!

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