Dallas Car Accident Lawyer

Vehicular accidents may end up in tragic injuries that have long-term consequences on one’s health, wealth, and future. Some accidents that may occur as a result of a car accident include:

No one wants to be involved in a car accident. While some accidents are unavoidable, many can be prevented by understanding common accident scenarios and taking proactive measures.

Common Car Accident Types

• Rear-end collisions. In a rear-end collision, one vehicle collides with the back end of another. The following driver is usually liable for the accident. According to the National Highway Traffic Safety Administration (NHTSA), approximately 29% of all accidents are rear-end collisions.
• T-bone accidents. A T-bone accident may also be called a side-impact collision or a broadside accident. In these accidents, the front end of one car collides with the passenger side of another creating a “T” shape. T-bone accidents generally occur at intersections.
• Single-car accidents. Single-car accidents only involve one car, but this does not mean the driver is liable for the accident. In most single-car accidents, the car collides with an inanimate object like a tree or a highway structure.
• Multi-Vehicle Accidents: These involve multiple vehicles and often occur in chain-reaction collisions or pileups.
• Sideswipe Collisions: These happen when two vehicles traveling in the same direction collide, often due to lane changes or inattentive driving.
• Fatal Car Accidents: These are tragic events that result in death. They can be caused by a variety of factors, including drunk driving, speeding, and distracted driving.
• Rollover Accidents: These occur when a vehicle flips over onto its roof or side. They are more common with SUVs and trucks.

How to Avoid Common Car Accidents

To minimize your risk of being involved in a car accident, follow these tips:

• Minimize Distractions:
  • Avoid using your cell phone while driving, including texting and talking.
  • Don't eat or drink while driving.
  • Keep your eyes on the road and your hands on the wheel.
• Drive Defensively:
  • Always be aware of your surroundings, including other vehicles, pedestrians, and cyclists.
  • Maintain a safe following distance.
  • Be prepared to react quickly to unexpected situations.
• Obey Traffic Laws:
  • Adhere to speed limits and traffic signals.
  • Don't drive under the influence of alcohol or drugs.
• Check Weather Conditions:
  • Avoid driving in severe weather conditions if possible.
  • If you must drive, slow down and increase your following distance.
• Regular Vehicle Maintenance:
  • Ensure your vehicle is in good working condition, especially brakes, tires, and lights.

If your injury was caused by someone else’s negligence, you are entitled to hold the other motorist accountable for their actions. Stay calm and avoid discussing the accident with the other driver or their insurance company. Panicking can cloud your judgment and hinder your ability to take necessary actions. Any statements you make could potentially be used against you in a legal claim. To protect your interests, it's crucial to keep detailed records of all expenses related to the accident, including medical bills, property damage, and lost wages.

To ensure that you can preserve the claims you can bring against the other driver, be sure to take the following steps:

1. Prioritize Safety:

• Check for Injuries: Assess yourself and your passengers for injuries. If necessary, call emergency services immediately.
• Move to a Safe Location: If possible, move your vehicle to a safe location off the road to avoid further accidents.

2. Document the Accident:

• Call an Officer to Conduct a Police Report. Serious accidents must be investigated by the authorities. A police report can be a strong piece of evidence that you can use to refute the claims on the other side.
• Gather information about fellow driver/s and witnesses. While the cops might offer to take your information, be sure to still do your due diligence and gather all the contact and insurance information of those involved in the accident so you can follow up as necessary.
• Take Photos: Document the accident scene, including vehicle damage, injuries, road conditions, and any relevant evidence.
• Consider getting an evaluation of your vehicle. By having an examiner look at your vehicle, you will have a sense of how much the accident will cost and how that fits in with your insurance policy.

3. Seek Medical Attention:

• Visit a Doctor: Even if you feel okay, it's essential to see a doctor. Documentation of your medical state following an accident is a crucial piece of evidence.
• Keep Medical Records: Maintain detailed records of all medical treatments, diagnoses, and prescriptions.

4. Contact Your Insurance Company:

• Notify Your Insurer: Inform your insurance company about the accident, providing accurate details.
• Avoid Admitting Fault: Do not admit fault or apologize, as this could negatively impact your claim.

5. Consult with a Dallas Car Accident Lawyer:

• Legal Advice: A car accident lawyer can guide you through the legal process, protect your rights, and help you seek fair compensation for medical bills, property damage, lost wages, and pain and suffering.

Navigating the Legal Process

Car accident lawsuits are complex and demand meticulous attention to detail. A skilled Dallas car accident lawyer can provide the expert guidance you need. From assessing the viability of your claim to handling insurance negotiations and potential litigation, their expertise can make a significant difference in the outcome of your case.

Beyond Legal Representation

A Dallas car accident lawyer offers more than just legal advice. They can assist you in various ways, including:

• Medical Care: Helping you find qualified healthcare providers.
• Evidence Preservation: Ensuring crucial evidence is collected and protected.
• Insurance Claims: Handling insurance company communications and negotiations.
• Vehicle Damage Assessment: Providing advice on evaluating car damage.
• Case Management: Guiding you through the entire process, from claim filing to settlement or trial.

Understanding Your Rights and Seeking Fair Compensation

After an accident, you may have numerous questions about fault, liability, and financial recovery. A seasoned Dallas car accident lawyer can provide answers and help you pursue fair compensation for your injuries, medical expenses, property damage, and lost wages.

We Know the Law

Attorneys can significantly aid in pursuing a fair settlement for your car accident case by leveraging their in-depth knowledge of personal injury law and regulations. Insurance companies often pressure victims into accepting low-ball settlement offers to expedite case closure. By hiring a personal injury attorney as your legal advocate, you gain an expert who can assess the fairness of settlement offers, identify potential pitfalls, and, if necessary, file a lawsuit on your behalf. A skilled Dallas personal injury attorney can help you build a strong case and, if litigation becomes necessary, draw upon their extensive trial experience to advocate for your best interests.

We Can Investigate

When you organize a personal injury case, there is quite a bit of information that must be compiled and categorized. Police reports, witness statements, car maintenance history, medical records, lab results, bills, and lost wage information are all pieces of the puzzle we can help you put together to support your claim. Our legal team can do the legwork while you heal from your injuries. We can also prepare a settlement demand letter to the insurance company. If the insurance company chooses not to settle based on the letter our attorney has drafted, we can prepare to go to trial.

As of the 2020 Census, there were over 1.3 million people living in Dallas. Dallas is the third largest city in Texas and the ninth most populous in the United States.

Sadly, in 2022, Dallas also saw the third-highest number of traffic crashes and the second-highest number of fatalities from crashes in Texas. The 2022 TxDOT motor vehicle accident statistics for Dallas are as follows:

Many of the above auto accidents, injuries, and fatalities were preventable. Thankfully Dallas is taking steps to improve road safety for its residents and visitors.

In June 2022, the Dallas City Council unanimously passed a Vision Zero action plan seeking to eliminate traffic deaths and severe injuries by improving road safety.

The action plan includes at least 40 steps and recommendations for Dallas to reduce auto accident deaths which could cost $30 million. However, Vision Zero could save lives, and improve traffic conditions and road safety for the city’s residents and visitors.

Texas's Fault-Based Insurance Laws

Texas is a fault-based insurance state, meaning the driver at fault for the accident is responsible for damages and property loss.

When an at-fault party has car insurance, any damages claim is filed against their car insurance company. Texas requires drivers to carry minimum liability insurance in the event of an accident.

Texas minimum liability coverage is currently set at:

• $30,000 for each injured person
• Up to $60,000 per accident
• $25,000 for property damage per accident

However, drivers may opt to carry more coverage as this is the lowest coverage available. If car accident injuries exceed an at-fault driver’s coverage, an injured party can personally sue the driver for the difference.

Modified Comparative Fault Rule

Texas follows the modified comparative fault rule. This means that if you're found to be more than 50% at fault for the accident, you won't be able to recover damages. However, if you're found to be less than 51% at fault, you can still recover damages, but your award will be reduced by your percentage of fault.

For example:

• An injured driver is awarded $100,000
• That driver is found to be 40% at fault for the accident
• Their award is reduced by $40,000
• They receive a modified award of $60,000

Modified comparative fault prevents drivers who are primarily at fault for accidents from recovering monetary damages from their less liable counterparts.

Car accident claims are filed with a liable party’s insurance company. Experienced car accident attorneys file claims on behalf of their clients as well as demand letters for current and future accident-related compensation.

Attorneys thoroughly assess and investigate all aspects of an auto accident to determine a proper demand amount and solidify a client’s claim. While every motor vehicle accident is unique, the following categories of damages are common in all personal injury claims:

• Economic damages. Economic damages are quantifiable expenses and monetary losses evidenced by receipts and bills;
• Non-economic damages. These have undefinable costs and are personal to the victim; and
• Punitive damages. Punitive damages are rare and are meant to punish or set an example of a responsible party not to award a victim. These are court-awarded damages.

Economic Damages

Economic damages include current and future accident-related expenses. They include but are not limited to:

If you've been involved in a car accident in Texas, it's important to understand how fault is determined and how it can impact your claim.

Key factors in proving fault include:

1. Police Report: A police report can be a crucial piece of evidence. It often includes details about the accident, such as:

• The speed of the vehicles involved
• The direction of travel
• Any traffic violations committed
• Witness statements

2. Eyewitness Testimony: Eyewitness accounts can provide valuable firsthand information about the accident.

3. Physical Evidence: Evidence such as skid marks, damage to vehicles, and debris can help reconstruct the accident and determine fault.

4. Vehicle Data Recorders (Event Data Recorders or EDRs): These devices, often referred to as "black boxes," can record data such as speed, braking, and acceleration.