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Ben Wins Texas Law Podcast

Join solo-practice Houston attorney Ben Dominguez as he walks accident victims across Houston and Harris County through Texas personal injury law, the two-year statute of limitations, modified comparative fault, dealing with insurance adjusters, and the decisions a driver faces in the days after a serious collision. Bilingual conversations (English / Spanish) grounded in 30+ years of Texas practice.

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Latest EpisodeEpisode 225:44

Will You Still Get Paid If You're Partly at Fault in a Texas Car Accident? The 51% Bar

How much you recover after a Houston car accident can hinge on how much fault Texas's 51% bar assigns to you. Ben Dominguez, a Houston personal injury attorney with more than 30 years of experience, walks through the Texas car accident claim process from the scene to Harris County court. Questions answered in this episode: What should you do in the first few minutes after a car accident in Houston? Are you legally required to report a car accident in Texas? How does Texas's fault-based insurance system work for car accident claims? How does comparative negligence affect a Houston car accident claim? Can you still recover money if you're partly at fault under Texas's 51% bar? How long do you have to file a car accident lawsuit in Texas? Can you sue the City of Houston after a crash involving a government vehicle? Topics covered: Texas's fault-based insurance system, comparative negligence and the 51% bar, the 30/60 minimum auto insurance limits, the two-year statute of limitations, the Texas Tort Claims Act's six-month notice requirement, contingency fee agreements, and Houston hazards including I-45, the 610 Loop, and Port of Houston truck traffic. Ben Dominguez on the 51% bar: "For me to win any money, first thing to know is the jury has to say at least 51% against the other person. Let's say the jury awards $100,000 and they say 51% fault of the other person, then I only get 51% of whatever the jury awarded. So in that case, $51,000." Ben Dominguez on insurance adjusters: "Insurance companies are a business. They're sophisticated in what they do. They have a goal. The goal is to avoid paying money on a claim." Ben Dominguez on the filing deadline: "Here in Texas, you have two years from the date of the accident to file a lawsuit, and if you don't, you'll forever lose your right to do that here in Texas." Ben Dominguez has represented injured Houstonians for 30+ years, with free consultations and no fee unless he recovers for you. Free consultation: benwins.com Phone: (713) 804-6822 Office: Houston, Texas #Texas51PercentBar #HoustonCarAccidentLawyer #TexasComparativeNegligence #TexasTortClaimsAct #HarrisCountyPersonalInjury #BenDominguezLawFirm This podcast is for general informational purposes about Texas personal injury law and does not constitute legal advice for any specific situation. Watching or listening to this episode does not create an attorney-client relationship with Ben Dominguez Law Firm. Consult a licensed attorney for advice on your specific situation. Free consultations available. Chapters 00:00:00 Welcome back to Ben Wins Texas Law Podcast 00:00:50 What Should You Do in the First Minutes After a Houston Car Accident? 00:02:52 Are You Legally Required to Report a Car Accident in Texas? 00:03:36 Should You See a Doctor After a Houston Crash Even If You Feel Fine? 00:05:29 How Does the Texas Fault-Based Insurance System Work After a Crash? 00:06:53 The 30/60 Rule: What Are the Texas Minimum Auto Insurance Limits? 00:07:41 How Does Comparative Negligence Work in a Houston Car Accident? 00:08:48 How Do You File a Car Accident Insurance Claim in Texas? 00:10:03 Should You Talk to a Texas Insurance Adjuster Without a Lawyer? 00:10:56 How Long Do You Have to File a Car Accident Lawsuit in Texas? 00:11:24 The 51% Bar: Can You Still Get Paid If You're Partly at Fault in Texas? 00:12:55 Can You Sue the City of Houston After a Crash? Texas Tort Claims Act 00:14:00 What Evidence Matters Most for a Houston Car Accident Claim? 00:14:45 What Damages Can You Recover After a Texas Car Accident? 00:15:33 What Makes Houston Car Accidents Different From Those in Other Cities? 00:16:58 When Should You Call a Car Accident Attorney in Houston? 00:18:33 How Does a Contingency Fee Work for a Houston Car Accident Case? 00:19:10 Settle or Sue? When Should You Go to Trial in Harris County? 00:20:16 What Mistakes Hurt a Houston Car Accident Claim Most? 00:21:47 How Do Rideshare and Truck Accidents Change a Houston Claim? 00:23:32 The One Thing to Remember After a Houston Car Accident

12:4525:44
Ben Dominguez
Ben Dominguez
Ben Dominguez
Host & Attorney

Ben Dominguez II is a solo-practice Houston personal injury and products liability attorney admitted to the State Bar of Texas in 1993 (Bar No. 00786415). Bilingual (English / Spanish), fourth-generation Texan, and member of TTLA, AAJ, and PEOPIL. Hosts every episode of Ben Wins Texas Law Podcast.

About the Hosts

Who Runs The
Ben Dominguez Law Firm?

Ben Dominguez II is a fourth-generation Texan and solo-practice Houston personal injury and products liability attorney. He has been licensed by the State Bar of Texas since 1993 (Bar No. 00786415), earned his J.D. from Vermont Law School in 1990 and an MSEL from Vermont Law School in 1995, and established his Houston practice in 1994. Ben Dominguez is bilingual (English / Spanish) and is a member of the Texas Trial Lawyers Association, the American Association for Justice, and PEOPIL.

Read Ben Dominguez's Full Bio

Seasons and Episodes of Ben Wins Texas Law Podcast

Subscribe to Ben Wins Texas Law Podcast for bilingual conversations about Texas personal injury law, the two-year statute of limitations, Texas modified comparative fault, dealing with adjusters, and what Ben Dominguez's 30+ years of Houston practice have taught him about the decisions accident victims face.

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Testimonials

What Our Clients Say

Client testimonials, when displayed here, are from verified sources and represent the experiences of actual Ben Dominguez Law clients. Each client's circumstances are unique, and the outcome of any prior case does not guarantee or predict a similar outcome in your case.

JA
Jose A.
Verified Client

Sarah was amazing! I never had to step foot in an office, calls were few, but very precise, informative and momentous in the process. The entire Dominguez team was outstanding, and made my injury claim so stress free. Words cannot describe how grateful I am for them.

BG
Bill G.
Verified Client

I am very pleased with Ben Dominguez Law Firm for how they handled my case. I would recommend this Law Firm to anyone that is in need of a Law Firm. Everything was handled in a timely normal manner and I was pleased with the outcome.

BF
Brittany F.
Verified Client

This was my first accident ever and with that it was a 5 car pile up. I was scared and had no idea what to do. I called Ben's office to get me some help when the insurance was trying to say they didn't know who was at fault and I had to pay out of pocket.

S
Shawn
Verified Client

I was in a car accident a few years ago and I was represented by Ben Dominguez. He is very good, very hands-on through the whole process, let me know everything the whole time, and he was able to get me more than I expected. So if you guys ever in a car wreck and need help please reach out to Ben, he is the very best.

A
Andie
Verified Client

I've been very happy with Ben Dominguez Law Firm. He has handled several cases for our family with excellent results, very communicative, and exceeded my expectations in dealing with these legal matters and insurance and injury claims. The communication throughout the process has been excellent.

MJ
Mildred & James
Verified Client

We were very pleased as to how the whole entire process was from the beginning to the end. We didn't have to do anything, we had a point of contact which made it so easy to actually maneuver through it, because anytime that something happens, especially an accident, you get pulled in a lot of different directions.

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Subscribe to Ben Wins Texas Law Podcast for bilingual conversations about Texas personal injury law, the two-year statute of limitations, Texas modified comparative fault, dealing with adjusters, and what Ben Dominguez's 30+ years of Houston practice have taught him about the decisions accident victims face.

Frequently Asked Questions

The podcast covers personal injury topics relevant to Houston and Harris County drivers, car, truck, motorcycle, bicycle, pedestrian, rideshare, and construction accidents, plus products liability, premises liability, and wrongful death. Ben Dominguez focuses on what Texas law actually allows and requires, including the two-year statute of limitations, Texas modified comparative fault, and how insurance adjusters evaluate claims in Texas.

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