Dallas Insurance Claims Attorney | Personal Injury Lawyer Richardson

Author: Fell Law Firm

  • Choosing Safety Technology Worth the Investment

    In the search for safer vehicles, cost and quality are two impeding factors. Technology could make car accident deaths virtually nonexistent, but that technology would make cars wildly expensive or extremely limited. Obviously, a car that costs a million dollars and has a top speed of 35 miles per hour isn’t likely to be a big seller.

    Safety technology is always subject to a cost-benefit analysis. This will determine what real drivers would choose to protect themselves and their loved ones. The best answers will be both affordable and effective.

    Using Safety Options

    Right off the bat, it’s important to recognize that a safety feature won’t be effective if it isn’t used. The perfect example of this is the seat belt. In 2022, around half of Americans killed in car and truck accidents were not wearing seat belts. Thousands of deaths can be prevented if everyone buckles up.

    Some safety features require active participation. Others are effective whether the driver or passengers want them to be or not. If you’re looking at safety features for your next vehicle, consider whether you will actually use the feature and whether it has the option to be turned off.

    Choosing Safety Options

    There are many things to consider when buying a new or used vehicle. For most people, cost and reliability are the key factors. Some may consider the look of a particular car to be important. But there is good reason to consider safety technology and safety ratings when making your choice.

    The Insurance Institute for Highway Safety (IIHS) provides ratings and analysis about safety options that may be helpful. The data is often presented in a way that helps you compare similar vehicle models.

    For example, one recent analysis reviewed small SUVs equipped with rear auto brake technology. Studies like this can help you choose the safety features and vehicles that fit you best.

    Newer Cars Are Generally Safer

    If you haven’t shopped for a vehicle in a few years, you may be in for a shock. New car prices have risen sharply over the past decade. On the plus side, there has been a noticeable improvement in vehicle safety to go along with the sticker shock.

    Much of the improvement is tied to upgraded safety features like electronic stability control (ESC) and backup cameras. ESC was made mandatory in 2012, so even less expensive models might be safer than older, more expensive ones. You can debate whether cars are getting better, but the numbers show they are getting safer.

    Call Our Dallas Personal Injury Attorneys Today

    Improving car safety is vital. Thousands of injuries and deaths occur on Texas roadways each year. If you’ve been injured or lost a loved one in a car or truck accident, you need legal help as soon as possible. Call The Fell Law Firm at 972-450-1418 to learn more about your options following a crash.

  • Alcohol Is Still Driving Car Accident Deaths

    Year after year, the data surrounding fatal car crashes points to alcohol as a major contributing factor. Public awareness campaigns and increased law enforcement have not been enough to stem the tide. Impaired driving may be the primary motivator for people to try driverless vehicles. Here’s what our attorneys want you to know.

    The Scope of Drunk Driving

    Because we represent car accident victims, we’ve gotten the sense that drunk driving is not unusual. The statistics bear that out. According to the National Highway Traffic Safety Administration, roughly one-third of car accident deaths nationwide involve one or more impaired drivers.

    Texas alone sees more than 2,000 alcohol-related traffic fatalities per year. That represents nearly half of the total number of car crash deaths in the state. When you hear about a deadly crash, it’s as likely as not that an impaired driver was involved.

    Public Pressure Works to a Point

    The battle against drinking and driving intensified during the 1980s. The Federal Uniform Drinking Age Act of 1984 pressured states into raising their legal drinking age to 21. Groups like Mothers Against Drunk Driving mobilized to educate the public and advocate for changes in impaired driving laws. The issue was front and center.

    That pressure had an impact. Drunk driving deaths dropped, both in terms of total numbers and in the percentage of deaths tied to one or more impaired drivers. That progress has largely stopped, however.

    Surveys show that most people know that drinking and driving is dangerous. Still, around 1 in 5 drivers surveyed admit to driving when they thought they were legally intoxicated. People know it’s bad. They do it anyway.

    Law Enforcement Efforts

    Around one million people are arrested for impaired driving each year in the United States. While that sounds like a large number, it represents only a fraction of the estimated number of drunk driving incidents. People who drive drunk typically get away with it.

    Stiffer penalties have made the consequences of drinking and driving worse when a person is caught. But that has not been enough to remove the problem. The death toll is still stubbornly high, spelling tragedy for countless families every year.

    Technological Solutions Are Far Off

    Self-driving cars could start to solve the problem, but that may be decades away. There are also systems that could detect an impaired driver and render a vehicle inoperable if the driver is drunk. Neither solution is likely to come in the near future.

    Eliminating drunk driving is certainly a worthy goal. Realistically, though, there will never be a time when drivers voluntarily refuse to drive drunk. People make bad decisions every day. Alcohol does not improve those decisions.

    Call Our Dallas Car Accident Attorneys for Help

    At The Fell Law Firm, our Texas lawyers have extensive experience with car and truck accidents involving impaired drivers. Call our Dallas offices at 972-450-1418 to schedule a free consultation.

  • What Risk Factors Lead to Serious Injuries?

    Car accidents that lead to no significant injuries are very common, and car accident injuries are much more common than car accident deaths. So what is it that causes some car accidents to be fatal while others cause no harm at all?

    It can be hard to pinpoint just where things go wrong in a crash. Most drivers are doing something they’ve done countless times before when an accident occurs. Even highly dangerous behaviors, like drunk driving, might end with no harm done dozens of times before tragedy strikes.

    Human Error Is (Almost) Always To Blame

    An accident that’s truly no one’s fault is extremely rare. An attentive and reasonably skilled driver in a properly maintained vehicle is not likely to cause a crash. Quite rightly, most efforts to reduce serious car accidents focus on getting people to conduct themselves correctly or implementing technology to save them when they don’t.

    The Most Common Problems

    Speeding

    Any list of issues that lead to motor vehicle accidents should start with speeding. Speed is a killer. According to the World Health Organization, increasing mean speed by 1 percent increases the risk of serious injury by 3 percent and the risk of death by 4 percent.

    Speeding is also a common behavior. Half of drivers surveyed admit to having gone 15 mph over the speed limit in the past month. As a result, it’s more surprising to find traffic going the speed limit than it is to find it speeding.

    Impaired Driving

    Aside from speeding, drunk driving and other forms of impaired driving are tied to many serious and fatal car wrecks. Alcohol consumption and safe driving do not go hand in hand. Despite some progress, drunk driving is still tied to more than 10,000 traffic deaths a year in the U.S.

    Distracted Driving

    Distracted driving is a more recent phenomenon that’s tied to many serious accidents. The rise of mobile phones is the obvious culprit. Drivers using cell phones are much more likely to get into an accident than drivers without phones. You can greatly improve your safety by keeping your phone out of sight and out of reach while driving.

    No Seat Belt Use

    Finally, it’s important to mention that seat belt use plays a big role in avoiding car accident fatalities. Seat belts don’t prevent accidents, but they greatly increase your odds of surviving one.

    An Experienced Dallas Personal Injury Attorney Can Help

    At The Fell Law Firm, we work hard to protect people who’ve been injured or who have lost loved ones in car and truck accidents. Call our Dallas offices at 972-450-1418 to schedule a consultation with a lawyer who cares.

  • Consumer Practices Lead to New Dangers on the Road

    Amazon quickly went from an online bookseller to one of the largest companies in the world. There’s very little that can’t be purchased online now. As people moved their shopping from local stores, to superstores, to the Internet, many things have had to change. One major change is the prevalence of delivery vehicles on our roadways.

    Prioritizing Safety in Vehicle Selection

    When you buy a car for yourself and your family, safety is likely one of your main priorities. It’s easy to focus on safety when it’s your own health and the health of your loved ones at stake. But when it’s the health of an employee or co-worker, should the calculus change?

    No company wants their workers to drive around in unsafe vehicles. Still, would it be that surprising for people to make different decisions about purchasing or maintaining a vehicle when they aren’t the ones driving it? Companies may prioritize factors like cost or ability to transport more items quickly, rather than focusing on safety.

    As more and more delivery vehicles take to the roads, everyone feels the cumulative impact of their safety.

    A Call for New Safety Features

    The Insurance Institute for Highway Safety (IIHS) recently conducted a study of crashes involving light vans used by many delivery services. The study concluded that the implementation of existing safety features could help drivers avoid or mitigate roughly 40 percent of these wrecks.

    The IIHS study pinpointed four safety features that would likely be effective in addressing these incidents. They are:

    • Front crash prevention
    • Lane departure prevention
    • Blind spot detection
    • Intelligent speed assistance

    These technologies would work together to help protect delivery drivers, other cars, pedestrians and bicyclists from the types of accidents that are becoming more common. In fact, the majority of injuries and deaths from accidents involving these light vans are suffered by someone other than the driver of the van.

    Front crash prevention is the most beneficial of these technologies when it comes to preventing injuries and auto accident deaths. This suggests that distracted driving may be a large contributor to accidents involving delivery vehicles.

    Large Vehicles Mean More Potential for Harm

    Semi-trucks require a commercial drivers license (CDL) to operate. The weight limit for a CDL is 26,000 pounds. Part of the problem with delivery vans and accidents may be that drivers don’t have to go through additional training to operate them.

    Many light delivery vans come in below 10,000 pounds. That means they’re large enough to do significant damage to an ordinary sedan, but not large enough to require a CDL.

    Call Us Today

    If you’ve been involved in a crash with a delivery van or other commercial vehicle, you need to speak to an experienced personal injury attorney as soon as possible. Call 972-450-1418 to schedule a consultation with us at The Fell Law Firm.

  • Elderly Drivers and Car Accidents: Safety Tips and Concerns

    We all want to keep our loved ones safe. When someone we love is aging, it’s natural to worry about their safety behind the wheel. According to the National Highway Traffic Safety Administration (NHTSA) and the Centers for Disease Control and Prevention (CDC), the number of motor vehicle deaths involving drivers age 65 and older has increased 34% over the last decade. If you’re concerned, here are some ways to keep the elderly drivers in your life safe.

    Understanding the Challenges Elderly Drivers Face

    There are many reasons that older drivers are more likely to get into car accidents than younger drivers. First, older drivers experience more physical limitations. Their reaction times slow, and their vision and hearing are often not what they used to be. At the same time, older drivers often fail to recognize these limitations because the changes have happened over time.

    Many older drivers also take medications that can impair their alertness and cause trouble behind the wheel.

    Talking to an Older Driver About Road Safety

    It can be a difficult subject to bring up, but it’s important to talk with your loved one about road safety for older drivers. Approach the topic with empathy and understanding. Start with your concerns for their safety and wellbeing rather than with the limits of their driving abilities.

    Be prepared to be an active listener. Driving is a critical link to the community and to maintaining independence. For many seniors, losing their ability to drive means isolation from the people and communities they love. It can be upsetting.

    Safety Tips for Elderly Drivers

    Elderly drivers can do a lot to make sure they’re driving safely well into old age. Here are some tips:

    • Get regular checkups – Encourage your loved one to get regular checkups. These can detect issues that may impair driving.
    • Review medications – If someone you love takes medication, make sure they understand the potential side effects and always take the prescribed amount.
    • Limit night driving or driving in bad weather – Driving doesn’t have to be an all-or-nothing deal. If you’re concerned, encourage your elderly driver to drive only in good weather and during daylight hours.
    • Take a driver safety course – Your loved one can take a course designed for older drivers to keep skills fresh. These are offered through the National Safety Council, AARP and the Texas Department of State Health Services, so you can choose an option that works for you and your loved one.
    • Understand drivers license rules – In Texas, drivers aged 79-84 must renew their licenses in person every six years. Drivers aged 85 and older must renew in person every other year.

    Get Answers to Your Questions

    Take care of the older drivers in your life. Take steps to keep them safe, and if an accident does happen, contact a lawyer right away. The Fell Law Firm is dedicated to representing people of all ages who have been injured in car accidents. To talk with the lawyers at our Richardson, Texas, law office about your situation, call us or contact us online.

  • Car Accidents and PTSD: Coping and Recovery

    Post-traumatic stress disorder (PTSD) after a car accident is surprisingly common. In fact, when researchers conducted a survey of 15 eligible studies, they found that 22.25% percent of traffic accident survivors reported PTSD. So if you’re experiencing PTSD after a car accident, you’re not alone. Here are some strategies for coping and recovery.

    What Is PTSD? Signs and Symptoms

    PTSD is a psychiatric disorder that can happen when a person has experienced a traumatic event (or a series of traumatic events). PTSD can affect a person profoundly – mentally, emotionally, physically, socially and spiritually.

    Everyone’s experience is different, but common symptoms include intense, disturbing thoughts and feelings that last or reappear long after the traumatic event has ended. A person may even have flashbacks or nightmares. They may feel angry and sad, and they may have trouble connecting with other people.

    How to Cope With PTSD After a Car Accident

    If you find yourself experiencing these symptoms of PTSD after a car accident, getting help from your support network is a key way to cope. You may want to turn to your close friends, family or clergy, but PTSD, being a psychiatric disorder, may require the help of a professional counselor.

    For many people, symptoms of PTSD disappear over time. If your symptoms aren’t going away, if they’re affecting your life in profound ways, or if you’re having thoughts of self harm, it’s critical to get professional help right away. Psychiatrists and other mental health professionals can use evidence-based methods to help you recover from PTSD.

    Treatment for PTSD

    There are several different ways to treat PTSD after a car accident. Talk therapy (also called psychotherapy) is a good option for many people. Cognitive behavioral therapy is one category of psychotherapy that has been proven effective to treat PTSD. There are several different types of cognitive behavioral therapy, so you and your therapist can pick the method that works best for you. Your therapist may recommend group therapy, exposure therapy or even Eye Movement Desensitization and Reprocessing (EMDR) which has proved to be highly effective for treating PTSD.

    Medication, often used in combination with psychotherapy, can also provide relief from PTSD symptoms. It can be prescribed to help people manage anxiety, physical agitation, nightmares and sleep problems so that they can focus on getting the most out of therapy.

    Get the Legal Help You Need

    Life after a car accident can be completely changed by PTSD. Getting the medical and legal help you need will put you in the best position for pursuing a legal claim.

    Located in Richardson, Texas, the Fell Law Firm is dedicated to assisting people who were hurt in car accidents. If you have any questions or need legal assistance, don’t hesitate to call us or contact us online.

  • A New Law Concerning Variable Speed Limits

    A new law that took effect on September 1, 2023, allows for the creation of variable speed limits under certain circumstances. The law is meant to expedite the imposition of temporary speed limits to help Texas motorists stay safe in dangerous driving conditions.

    Drivers going too fast are a danger to themselves and others. How-fast-is-too-fast is defined not only by the speed limit, but by the road conditions. A variable speed limit closes the gap between the normal safe speed and the safe speed under the current conditions.

    When Should Variable Speed Limits Be Imposed?

    There are specific weather and road condition factors that could lead to a variable speed limit. The law allows engineers at the Texas Department of Transportation to make temporary adjustments to the normal speed.

    The adjustment can’t be more than 10 miles per hour down from the regularly posted limit. The use of a variable speed limit would be tied to things like road construction, ice on the roads, heavy fog, or thunderstorms.

    Road construction generally allows for more time in deciding to implement a reduced speed limit. The real advantage will be the ability to cut through red tape and quickly post a lower speed limit when bad weather or other unexpected factors make driving at the normal speed unsafe.

    Is This an Excuse for Speed Traps?

    This is not the first time Texas officials tried to pass a variable speed limit rule. Past efforts were defeated due to concerns that they would be used as an excuse to trick drivers into speeding infractions.

    Speeding tickets aren’t a good way to endear yourself to the public, so the measures failed. This version of the law passed relatively easily, with the sponsor of the bill thanking increased education efforts for the different result.

    Drivers with concerns can take solace in the limited scale of the variation (10 mph) and the fact that the change must be posted clearly with either digital signage or temporary signs placed over the top of the standard speed limit signs. A pilot program tested 10 years ago demonstrated that the rule did improve safety outcomes.

    You don’t have to drive in Texas for long to come up against severe weather conditions. Driving in terrible weather is not fun. Less experienced or overly aggressive drivers can make the problem worse by refusing to reduce their speed to match the conditions. This new law can help address that problem quickly and efficiently.

    Call for Experienced Personal Injury Advice

    The Fell Law Firm offers caring, experienced representation to victims of car and truck accidents. Call our Dallas offices today at 972-450-1418 to schedule a consultation with a skilled attorney. You can also visit our website to learn more about personal injury advice.

  • Should Seat Belt Warning Systems Be Expanded?

    It’s long been established that seat belt use decreases car and truck accident deaths. Seat belts save lives. Armed with this knowledge, many safety advocates have sought ways to increase seat belt use.

    One of the tools to accomplish this is the warning systems that remind drivers to buckle up when behind the wheel. A new rule seeks to expand these warnings to passengers, including passengers in the back seat.

    Safety Group Rule Proposal

    The National Highway Traffic Safety Administration wants more from auto manufacturers when it comes to encouraging seat belt use. The rule proposed by the NHTSA requests that cars and trucks come with warning systems that provide the following:

    • Visual and audio warnings for drivers to buckle their seat belts – this rule is currently in place.
    • Visual and audio warning for passengers in the right front seat.
    • Visual warning lasting 1 minute or more regarding the rear seat belt status, once the vehicle has been started.
    • Audio warning when the rear seat belt is not buckled and the vehicle is running.

    The NHTSA has been seeking an expansion of the current warning system for several years. Now that the rule has been proposed, there will be a 60-day time period for the public to comment on the proposal.

    Seat Belt Safety Numbers

    Accident statistics are often cited when trying to pass new regulations. When it comes to seat belt use, the numbers are pretty clear. According to NHTSA stats, roughly half of the passenger vehicle occupants who lost their lives in fatal crashes in 2021 were not wearing seat belts.

    When contrasted with the overall seat belt usage rate, which was 91.6% in 2022, it’s clear that being unbuckled when a crash occurs is a serious problem.

    The NHTSA also likes to remind people that airbags are not meant to replace seat belts. Air bags are designed to work together with seat belts to improve crash survivability.

    Airbags are less effective than seat belts, and in some cases are actually harmful to drivers and passengers who are unbelted.

    Safety vs. Irritation

    There may be downsides to the proposed rule regarding seatbelt warning systems. Technology almost always has drawbacks. If you’ve ever driven a car that was busy beeping at you because the groceries you placed on the passenger seat weren’t wearing a seat belt, you understand.

    Still, seat belt warnings increase seat belt use, and that saves lives. Properly designed systems can solve the irritating issues over time.

    Call an Attorney Now for Car Accident Assistance

    Car and truck accidents are tragic. If you’ve been injured in a crash, you need an experienced personal injury attorney to protect your rights. Call The Fell Law Firm today at 972-450-1418 to schedule a consultation at our Dallas offices. You can also visit us online.

  • Children and Car Accidents: What Parents Need to Know

    Car accidents are traumatic experiences for anyone involved, but the situation becomes even more worrisome when children are among the passengers.

    Children are more susceptible to injuries and emotional trauma, and the legal processes following an accident involving children can be especially intricate and demanding.

    If you’re a parent, here is everything you need to know about children and car accidents.

    Proper Child Restraints

    Appropriate child restraints like car seats, booster seats and seat belts significantly reduce the risk of injury. Ensure that the child restraint system is suited for your child’s age, height and weight.

    When choosing the proper child restraints, be sure to read any reviews and properly read the instruction manual before installation.

    Seek Immediate Medical Attention

    Children’s bodies react differently to trauma, and some injuries may not be immediately apparent. If your child is involved in a car accident, seeking immediate medical attention is crucial.

    Timely medical attention will protect your child’s health and serve as a documented record of the injuries, which can be valuable in legal proceedings.

    Documenting the Accident Scene

    If possible, take photographs of the accident scene, the vehicles involved and any visible injuries to your child.

    Gathering information from witnesses and obtaining a police report are also essential.

    Dealing With Insurance Companies

    When a child is involved in a car accident, dealing with insurance companies can become more complex. The insurance adjuster might request medical records, and a settlement might include future medical expenses.

    Consider consulting with an experienced attorney before making any statements or signing any documents from the insurance company.

    Understanding Legal Guardianship in Claims

    Parents or legal guardians generally have the right to pursue a claim for a minor child. The settlement process might require court approval, ensuring that the settlement is in the child’s best interest.

    The funds may be placed in a trust or guardianship account until the child reaches legal age.

    Emotional Support and Counseling

    Car accidents can be traumatizing for children, resulting in emotional or psychological distress. Parents should monitor their children for signs of stress, nightmares or behavioral changes.

    Professional counseling might be necessary and can also be included as part of the claim.

    Consulting an Attorney

    Handling a car accident involving children can be legally complex. An experienced car accident attorney who understands the unique aspects of child injury claims can guide you through the process, ensuring that the child’s present and future needs are considered.

    Answering All Your Car Accident Questions

    Car accidents involving children are highly stressful and demand careful handling. Ensuring proper safety measures, seeking immediate medical attention, understanding insurance complexities, considering emotional well-being and possibly consulting an attorney are essential to protecting your child’s interests.

    The Fell Law Firm is committed to supporting families who face the challenging aftermath of a car accident involving children. Our experienced team understands the legal nuances and is prepared to provide personalized, compassionate legal guidance.

    If you find yourself facing this difficult situation, please give us a call or contact us online for assistance.

  • What to Do Immediately After a Car Accident in Texas

    Car accidents are an unfortunate reality that many of us will face at some point in our lives. Knowing what to do after a car accident can significantly impact your health and the potential legal process that may follow.

    Talking with the police, documenting the scene, contacting your insurance company and seeking medical attention as soon as possible will help you when it comes time to file a lawsuit.

    In the chaotic moments following a crash, it’s essential to stay calm and follow these critical steps.

    Check for Injuries

    First, you should always assess yourself and others involved in the accident for any injuries. If anyone is seriously injured, call emergency services right away. A medical professional should evaluate even minor injuries, as they may worsen over time.

    No matter how mild, detailed medical records of your injuries will help when legal proceedings begin.

    Move to Safety

    If possible and safe, move your vehicle out of traffic to a safe location. If driving the car isn’t an option, stay inside with your seatbelt fastened until help arrives. Use your hazard lights to warn other drivers of the accident.

    Call the Police

    Regardless of the accident’s severity, it’s advisable to call the police. The responding officer will document the scene and create an official report, which can be vital in any subsequent legal or insurance claims.

    Be sure to obtain a copy of the police report.

    Exchange Information

    While waiting for the police, exchange essential information with the other parties involved. This information includes names, addresses, phone numbers, insurance details, driver’s license numbers, and license plate numbers.

    Be cordial but avoid discussing the accident’s specifics, as any information may be used against you in legal proceedings.

    Document the Scene

    Take photographs of the accident scene, including the damage to all vehicles involved, road conditions, traffic signs, and any visible injuries. You need to also talk to any witnesses.

    This information can provide vital evidence if you need to file a claim.

    Notify Your Insurance Company

    As soon as possible, contact your insurance company to report the accident. They’ll guide you through their specific process, and your prompt reporting may expedite your claim.

    Consult an Attorney

    Consider consulting an attorney who specializes in car accidents if you have concerns about the accident, especially if there were significant injuries or damages. They can provide guidance and help protect your rights.

    Choosing the Right Car Accident Attorney

    The moments following a car accident can be overwhelming and confusing. Remembering these steps and following them can help ensure your safety and put you in the best position when you need to pursue a legal claim.

    The Fell Law Firm is dedicated to assisting individuals involved in car accidents. We’re here to help you navigate the complex aftermath of a car accident. If you have any questions or need legal assistance, don’t hesitate to call us or visit us online.