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Car accidents happen in an instant, but the scars and financial effects can last for weeks or even years after the ordeal. Despite expansive laws covering car accidents and a legal mandate for drivers to obtain car insurance coverage, it is often quite challenging for injured individuals to obtain the financial compensation they need to recover from the accident without an experienced Texas car accident lawyer. A skilled car accident lawyer with DFW Injury Lawyers can help you better understand your legal options for financial recovery.
Key Takeaways
- Car accidents happen in an instant, but the effects can last a long time
- Common car accident injuries include head injuries, traumatic brain injuries, neck injuries, and whiplash
- A Texas car accident lawyer can help victims secure compensation such as pain and suffering, medical bills, property damage, loss of income, and wrongful death.
Why Choose DFW Injury Lawyers for Your Texas Car Accident Claim?
With a combined experience of 50 years in the industry, the Texas car accident lawyers at DFW Injury Lawyers know how to bring the muscle you need to recover the costs you deserve. Our Texas-bred attorneys have extensive trial experience and have been recognized for their success and hard work by local courts, peers, and legal publications, including Thomson Reuters’ “Super Lawyers”.
Whether you’re based in Dallas, Fort Worth, Arlington, or anywhere else in North Texas, our car accident lawyers are all you need to get the most out of your lawsuit. We can help investigate what caused the crash and help you fight for the maximum possible compensation. Contact us today for a free legal consultation and learn if you may be eligible to file a car accident lawsuit in Texas.
The last thing you want to do after a serious car accident is to deal with a personal injury claim. As lawyers and fellow Texans, we get how overwhelming this can be. Hiring an experienced car crash firm right away can make a lot of difference to your car accident lawsuit.
Our offices across prominent locations in North Texas are available to handle all of the paperwork, get copies of your police report, negotiate with insurance adjustors, file your claim, and represent you in court, if necessary to ensure that you walk away with the best possible outcome.
How Long Do You Have to Report A Car Accident?
Under Chapter 550 of The Texas Transportation Code, motorists must report a car accident to the appropriate authorities when the incident causes death or serious injuries, or results in property damage of a certain amount. This law is in place to protect both the individuals who suffer losses and those who are involved in the crash.
After a car accident, the authorities will likely create an initial police report. This report serves as evidence of the accident and names the parties involved, along with the extent of the injuries and property damage. The crash report notes the results of the initial investigation into the crash. You should report any car accident that might result in injuries or property damage, even if you may be responsible for the crash.
Compensation Available in Car Accident Claims
The following are some steps to take after a car accident:
- If you can, move out of the roadway and the flow of traffic.
- Seek medical attention at once. Call 911 to request assistance for anyone who cannot move themselves.
- Contact the police to fill out a car accident report.
- Speak to a trusted Texas car accident lawyer as soon as you can. Doing so before you report a car accident injury to your employer or an insurance company can make sure you recover your full costs – and not just what an adjuster or a third party decides you should receive.
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Compensation Available in Car Accident Claims
Texas personal injury law allows you to recover more damages than just a simple insurance claim after a car accident. You may be able to sue for two main kinds of compensable damages: economic and non-economic. You may also be awarded additional punitive damages by a judge in cases involving gross negligence like causing someone’s death due to driving after voluntary consumption of alcohol and drugs.
Both economic and non-economic damages are monetary payments, but they are factored in different ways by the courts.
Economic Damages
- Past and Future Medical Expenses: In the aftermath of a Texas car wreck, you may have to pay for the costs of an ambulance and emergency medical care. Depending on the severity of the injury, you may have to continue paying for long-term treatment. A successful Texas car accident lawsuit can help you recover money for your past, present, and expected future medical costs.
- Cost to repair or replace your vehicle: You may need to take your car to an auto shop and receive estimates for the extent of the damage. In some cases, it is more feasible to replace your car than repair it. A Texas car accident lawsuit can bridge the gap between an insurance policy cap and the total cost of your property damage.
- Past and future lost income and reduced earning capacity: You may not be able to return to work right away because of your injury, or you may never be able to work at full capacity again. Our car accident injury lawyers can ensure that any and all lost wages are included in your settlement.
- Cost of hiring help due to injuries: You may include at-home healthcare or necessary changes to your living space and future transportation due to extensive injuries.
Non-Economic Damages
- Disfigurement or physical impairment: Even if you recover from your accident, you might be left with scarring and less mobility. You can recover damages for these additional costs with a car accident lawsuit.
- Emotional distress and mental anguish: Car accidents can be traumatic events, and you should be able to claim recovery for your emotional suffering.
- Loss of enjoyment of life: If you are no longer able to return to your favorite hobbies, such as playing an instrument, spending time with a sports league, consortium with a spouse, or more, then you may be eligible for compensation due to your loss of enjoyment.
- Pain and Suffering: A car accident in Texas can be physically and emotionally debilitating for the car accident victims. It may result in injuries that cause chronic pain that prevents you from enjoying the activities you once loved. A car crash can also cause flashbacks, panic attacks, and other trauma-related symptoms that might require therapy to overcome.
Wrongful Death Damages
Tragically, some car accidents cause fatalities. When a person’s life is lost, their loved ones not only face immeasurable emotional suffering, but they may endure financial hardship from burial expenses, funeral costs, estate expenses, loss of spousal or parental support, and more. Such losses are recoverable through a wrongful death lawsuit.
Punitive Damages
Punitive damages are not as common in Texas car accident lawsuit cases, but they do happen. These are meant to serve as a deterrent for future reckless behavior. If you were in an accident with someone who behaved in a particularly egregious manner to cause you harm, you may be able to recover punitive damages to ensure that the at-fault party gets the message loud and clear.
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Do I Have a Texas Car Accident Case?
Most personal injury cases, including Texas car accident cases, are based on the legal concept of negligence. Negligence occurs when someone fails to exercise reasonable care and caution, resulting in harm or injury to another person.
To have a strong car accident claim, you typically need to establish the following four key elements of negligence:
- Duty of care: The at-fault driver had a legal duty to operate their vehicle safely and responsibly. All drivers have a duty of care to follow traffic laws and avoid putting others at risk.
- Breach of duty: The at-fault driver breached their duty of care by engaging in careless, reckless, or unlawful conduct behind the wheel. Examples include speeding, running a red light, driving while intoxicated, or texting while driving.
- Causation: The at-fault driver’s breach of duty directly caused the accident and your resulting injuries. You must show the collision would not have occurred but for the other driver’s negligent actions.
- Damages: You suffered actual damages that can be compensated, such as bodily injury, medical expenses, lost wages, property damage, pain and suffering, etc. Damages are the losses for which you are seeking recovery.
If you can demonstrate these four elements of negligence with supporting evidence, you likely have grounds for a Texas car accident claim. An experienced car accident lawyer can evaluate your personal injury case and help prove the at-fault party’s negligence to secure fair compensation on your behalf.
Determining Fault in a Car Accident
Texas is an at-fault insurance state, which means that the at-fault driver is responsible for the injuries and other damages resulting from an accident they cause. So, determining who is at fault is key.
After a Texas car accident, the police look at several types of evidence to understand the cause of the accident. For instance, if you were involved in a car accident, the police should listen to the drivers’ narratives and inspect the damage caused to each of the vehicles. They may also look into other sources of evidence, such as eyewitness accounts, surveillance footage from nearby businesses, and dash cam footage from the cars.
While the initial police investigation is crucial evidence, it does not determine final liability. If your car accident claim goes to court, more evidence may come up during the course of the trial that may impact the determination of the at-fault party. This is why hiring the right lawyer can make all the difference in the final outcome of your car accident lawsuit.
Comparative Negligence Standard
Some states operate on a strict negligence standard, which means individuals can only seek out compensation when they played no role in causing the crash.
Texas laws, on the other hand, are modeled on a comparative negligence standard. This means an injured individual can file a car accident lawsuit so long as they are less than 51% at fault. When this standard is applied, the injured person partly responsible for the accident may be awarded reduced compensation, based on the percentage of their fault.
Say that you were turning left onto North Bruckner Boulevard, where it intersects with Grand Avenue in Dallas. You don’t see any other cars around you, so you skip checking your mirrors and just as you go to turn, another car comes suddenly speeding up behind you, swerving into the turn lane.
You might both be injured in the crash, and the police report might say that you each share some of the blame. You may be 40% at fault for not checking your blind spot before a turn, but your lawyer will also argue that the other driver should not have been speeding and swerving recklessly. If they are deemed 60% at fault, you can still win some compensation from the lawsuit.
Most Common Causes of Car Accidents
Texas is home to long stretches of highway as well as busy urban areas. Some of the most dangerous driving conditions happen around the intersection of I-30 and I-35 around Dallas. Other than road conditions, here are some of the factors that cause the most Texas car accidents:
- Reckless driving
- Aggressive driving
- Texting while driving
- Crossing intersections
- Tailgating
- Failure to yield to the right of way
- Distracted driving
- Poor weather conditions
- Driving under the influence of drugs or alcohol
- Unsafe lane change
- Driving the wrong way
- Potholes
- Construction sites
- Drowsy driving
- Running stop signs
- Vehicle defects
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Common Car Accident Injuries
At DFW Injury Lawyers, we understand the life-altering impact of car accident injuries, as well as the emotional and mental trauma they can cause. Some common accident injuries we have been able to recover compensation for include:
- Brain injuries
- Back injuries
- Facial trauma
- Spinal cord injuries
- Neck injuries
- Paralysis
- Arm and leg injuries
- Chest injuries
- Knee injuries
- Loss of limbs
- Broken bones and bone fractures
- Whiplash
- Memory loss
- Slurred speech
- Internal bleeding
- Soft tissue injuries
- Bruising
- Burns
The legal muscle you need to win
How Can a Lawyer Help with My Car Accident Claim?
Here are some ways a lawyer from DFW Injury Lawyers can assist with your Texas car accident claim:
Investigating your case
Your attorney will thoroughly investigate the accident, gather evidence such as police reports, witness statements, and photos/video footage, and build a strong case demonstrating the other party’s negligence.
Identifying liable parties
In some cases, multiple parties may share liability, such as the other driver’s employer if they were on the job. Your lawyer will identify all potentially liable parties to maximize your compensation.
Communicating with insurers
Your attorney will handle all communications and negotiations with the insurance companies involved, working to secure a fair settlement that fully compensates your damages.
Calculating your damages
Your lawyer will gather documentation of your damages like medical records, bills, pay stubs showing lost wages, etc. They’ll calculate the full value of your claim, including future anticipated losses.
Securing expert testimony
In complex cases, your attorney may retain expert witnesses such as accident reconstruction specialists, medical professionals, life care planners, and economists to provide compelling testimony supporting your case.
Representing you in court
While most car accident claims settle, your DFW Injury Lawyers attorney will be fully prepared to take your case to trial and fight for your rights in the courtroom if a fair settlement cannot be reached.
Handling the legal process
Your lawyer will take care of all the legal details, paperwork, and court filings so you can focus on your physical recovery with peace of mind.
Texas Car Accident Statistics
Sadly, fatal car accidents in Texas are on the rise. Last year, the fatal motor vehicle rate increased by about 15% compared to the previous year. This means throughout the year, one person was fatally injured in a Texas car accident about every two hours. In addition, there were reportable crashes every 57 seconds, resulting in countless injuries and financial losses across the state.
Statistics from the Texas Department of Transportation suggest the leading causes of crashes were:
- Speeding or driving too slowly
- Unsafe lane changes
- Driver inattention
- Failure to obey traffic signs and signals
- Following too closely
- Intoxication
In most cases, one negligent driver is enough to cause a car accident. If you were injured due to someone else’s negligent driving, you can file a Texas car accident lawsuit to recover compensation from their insurance to cover your losses.
No Win, No Fee: Let DFW Injury Lawyers Fight for You
DFW Injury Lawyers works with a contingency fee set-up for their clients. This means that you do not pay for our services upfront, and you only pay once we have won you money through a settlement or a verdict. We offer a free consultation to get you started with our experienced attorneys who have a proven track record of success.
DFW Injury Lawyers Maximize Texas Car Accident Settlements
Our car accident attorneys are well-versed with Texas laws and ways of life, and have an in-depth understanding of how to get their clients the best possible settlements. For instance, we have won settlements and lawsuits worth $160,000 and $ 120,000 respectively in some of our recent car accident cases.
Car Accident Lawyer Near Me
DFW Injury Lawyers offers multiple convenient locations so that you don’t need to travel far for your consultation. We have offices located in the central areas of:
- Dallas at 1341 W. Mockingbird Ln.
- Fort Worth at La Gran Plaza, and
- Arlington: 1600 E. Pioneer Pkwy.
In addition to these offices, we also have locations in Garland, Oak Cliff, and Lancaster, TX staffed by our expert car accident attorneys.
Texas Car Accident Lawyers: FAQs
The following are some frequently asked questions about the car accident lawsuit process in Texas. For legal advice about the specifics of your case, contact our car accident law firm.
1. Is it worth getting an attorney for a car accident?
It is definitely worth speaking to an attorney about your car accident lawsuit. If you have injuries or damages to your car, it makes sense to reach out to a legal expert who can help ensure that you aren’t missing out on additional compensation that you might be able to recover from a car accident lawsuit settlement.
2. Can you file an insurance claim after a car accident without a police report?
Texas law does not require that you have a police report to begin the claims process. However, a police report can help bolster your case and improve your chances of recovering full and fair compensation for your damages. Additionally, Texas is a comparative negligence state. This means you will need to be able to prove that the other driver’s negligence caused or contributed to your injuries. The best way to do this is with a police report containing details about the crash.
3. How long does a car accident settlement take?
Car accident settlements can take several weeks to months, depending on the extent of the damage. In some cases, they may take longer than a year as well.
4. How much does a car accident lawyer cost?
At DFW Injury Lawyers, we work on a contingency fee basis. This means how much you pay us for our services will be based on a percentage of the total money we can win for you from the settlement. In other words, you do not have to pay us anything unless you win the lawsuit.
5. What does a car accident lawyer do?
A car accident lawyer builds a comprehensive legal case about your case, which means they compile all relevant facts and evidence to argue why the other party owes you money after your car accident. They can also negotiate with insurance adjustors, file processes in Texas courts, keep detailed records of your crash, compile your paperwork including insurance communications, medical bills, eyewitness accounts, and traffic camera footage, as well as help with making sure you receive any and all settlement offers.
6. Where do most car accidents happen in Texas?
While car accidents can happen anywhere, Texas freeways are a main source of danger, especially in the Dallas area. The three most dangerous Dallas highways are Interstate 35E, Interstate 30, and Interstate 635.
7. Should I get a lawyer for a minor car accident?
If you do not have medical costs or damage to your car, you may not need a car accident lawyer. However, you should always consult with a doctor after a crash. In the rush of adrenaline and shock, some car crash victims may not realize that they have sustained injuries like whiplash until later on. These kinds of injuries can often be covered with a car accident lawsuit, as long as you do not miss the deadline to file.
8. How long do I have to report a car accident to insurance?
You should file a claim right away with your insurance company after an accident. The deadline to follow depends on your carrier, but generally, you have 15 to 30 days after an accident to alert them of the damage.
9. Why is my car accident settlement taking so long?
Your car accident settlement might be taking longer because the facts of the case are in dispute. It might also take longer if you are still in need of extensive medical care and do not have a clear picture of what your recovery looks like. In cases tied to work-related injuries, you will need to reach maximum medical improvement (MMI) before reaching a car accident lawsuit settlement agreement.
10. Does health insurance cover car accident injuries?
Yes, most health insurance policies cover some extent of your medical bills from a car accident. However, in cases involving ongoing treatment, more expensive procedures, or certain kinds of medical care, you will likely need the help of a car accident attorney to ensure all of your costs are met.
Talk to the Experienced Texas Car Accident Lawyers at DFW Injury Lawyers Today
Still have questions? DFW Injury Lawyers are available to help. We bring the muscle you need to win big and fight hard for our clients to receive the best possible compensation for their injuries, pain, and trauma. We know that life may never be the same after certain devastating car accidents, and we won’t leave the courtroom or a negotiation room without giving you the fair fight you deserve.
While you handle your recovery, let us handle your case. A consultation with one of our experience car accident lawyers is complimentary and confidential. Contact us today.