Dallas Insurance Claims Attorney | Personal Injury Lawyer Richardson

Blog

  • Do Safety Inspections Prevent Accidents?

    Yearly safety inspections will no longer be required to register a vehicle in Texas. Will that legal change lead to an uptick in car accidents?

    Vehicle Maintenance Is a Known Safety Issue

    A properly maintained vehicle is less likely to be involved in a crash than a poorly maintained one, all other things being equal. Things like worn-out brakes, broken lights, torn windshield wiper blades and more can increase the likelihood of an accident. They can also make the consequences of an accident worse.

    Perhaps the most common maintenance issue leading to car accidents is faulty tires. A blown tire while driving, or bald tires making the car slip and slide—tire issues can be a serious safety concern. Because tires are expensive, people may push the limits of safety before making the decision to replace them.

    Do Safety Inspections Mean Safe Cars?

    Now that safety inspections will no longer be required, will that lead to an increase in unsafe vehicles on the road?

    Obviously, car owners continue to be responsible for the proper maintenance of their vehicles. If your brake lights are out, the law requires you to replace them. The inspections aren’t what make proper vehicle maintenance the owner’s responsibility.

    Research suggests that required vehicle safety checks have a minimal impact on crash rates. Modern cars are generally equipped with systems that inform drivers of maintenance issues, reducing the need for a mandatory inspection. A broken taillight or underinflated tire now leads to a dashboard warning telling you to fix the problem.

    Many maintenance issues are handled outside of the context of safety inspections. Vehicle owners have a personal stake in making sure their cars are safe to operate. For most people, a desire for safety, rather than the results of a required inspection, will continue to drive their maintenance decisions.

    What Causes Car Accident Deaths?

    The most serious car crashes involve fatalities. Safety groups track these accidents to try to learn how to prevent them. Maintenance issues are not among the most common causes of fatal car accidents. Speeding and drunk driving are still much more common problems when it comes to the worst accidents.

    Lack of seatbelt use, while not a maintenance issue, is also a prominent cause of car accident deaths. That highlights an important issue related to maintenance.

    The safety features of your car are only effective if you use them properly. Things like backup cameras, lane departure warnings and seat belts won’t help you avoid accidents if you don’t use them. It’s important to get into good habits and use all safety features correctly.

    Contact a Car Accident Attorney After an Accident

    Identifying the cause of an accident isn’t always easy. An experienced personal injury attorney can help you get the compensation you deserve. At The Fell Law Firm, our Dallas car accident lawyers have the skill to represent you. Call us at 972-450-1418 to schedule an initial consultation.

  • Car Accident Claims and Insurance Adjusters

    Car accidents are difficult for many reasons. After an accident, one potential source of frustration is the insurance company and its representatives. The insurance company of the driver at fault typically pays for car crash damages. Insurance adjusters can feel like a major impediment to getting the compensation you deserve after a crash.

    What Does an Insurance Adjuster Do?

    For accident victims, the important thing to remember is that the insurance company (even your own) is not on your side. Insurance companies are in business to make money, like every other company. They don’t make money by paying full compensation in a timely manner. The insurance adjuster is there to limit their expenditure by paying you as little as possible.

    When you file a claim with an insurance company, they assign an adjuster to the case. The adjuster investigates the claim and decides whether the insurance company should deny the claim or pay it and how much the payment should be.

    A key part of the adjuster’s job is to review the insurance policy or policies in light of the details of your claim. If the adjuster can find a way out of paying the claim, the insurance company will consider that a win. In some cases, an adjuster will even say an accident is not covered by the policy when, in reality, it is.

    Beyond reviewing the coverage in the policy, the adjuster might also contact witnesses, review police reports and speak to anyone involved in the accident. Accident victims need to be careful when talking to the insurance adjuster. If the adjuster can interpret a statement in a way that avoids liability, they’ll do so.

    Watch Out for Early Settlement Offers

    There are many tricks an adjuster can use to avoid paying full compensation. Among the most common is the early settlement offer. If the adjuster knows the company will have to pay, they can offer far less than the full value of the claim. If you accept the offer, you can’t come back later and ask for more.

    But a serious car accident can put victims and their families under terrible pressure. Medical bills pile up quickly. Serious accidents generally put the victim out of work for weeks, months or even permanently. An early offer can be incredibly tempting when you’re in a dire financial situation.

    Multiple Claims Adjusters

    It’s not unusual for the insurance company to use different claims adjusters, depending on whether there is litigation. The insurance company may change its stance at that point. If you don’t receive a fair offer, taking the matter to court may be your only option.

    A Personal Injury Attorney Can Help You

    Insurance adjusters know how to protect their employers. You need someone on your side to make sure they don’t take advantage of you. At The Fell Law Firm, our Dallas car accident lawyers can take on the insurance companies. Call us at 972-450-1418 to discuss your case in an initial consultation.

  • What Is Your Car Accident Case Worth and Why?

    If you’re considering reaching out to a personal injury attorney, your first question is probably about the value of your case. It’s a fair concern. If the insurance company makes you an offer, how can you judge whether it’s fair? You need to know if the offer is even worth considering.

    There Are No Guarantees

    The value of a case relies on many factors. In some cases, the maximum amount of compensation is fairly easy to calculate. In other cases, it’s virtually impossible. In every case, there’s an element of uncertainty. No attorney can tell you exactly how your case will turn out. There are no guarantees.

    Personal Injury Compensation Basics

    Car accident victims can receive three different kinds of compensation for what they’ve lost. There are economic damages, non-economic damages and exemplary damages, including punitive damages. The value of any personal injury case can be broken down into those three categories.

    When considering what compensation you could potentially receive, we look at several factors. Here are five of them.

    5 Factors That Affect Case Value

    1. The Losses Incurred

    The maximum value of a case depends on the losses suffered. Medical expenses, lost wages, pain and suffering, vocational rehabilitation and other costs can add up. These combine to form the theoretical top limit for most personal injury cases. Remember, though, that actually getting the full amount is not as simple as proving those costs are real.

    2. Insurance

    In many cases, the real value of a personal injury case is tied to the coverage the person who caused the accident has. Their policy limits may form the realistic top amount a personal injury victim will receive.

    You may still get a judgment for an amount that covers all your losses. However, your chances of getting that money may be slim if there’s no insurance policy to pay it.

    3. The Venue

    Where a case would be tried can have a significant impact on the value of the case. Some jurisdictions are known to be friendlier to injury victims. Insurance companies and their lawyers know the reputations of the various courts.

    4. Your Car Accident Attorney

    The attorney you choose to represent you makes a difference. An attorney with experience, strong negotiation skills, willingness to go to trial and ability to prepare your case for success can change the value of your claim.

    5. The Story of Your Accident

    You, the plaintiff, can impact the value of your case. Fair or not, a person with a sympathetic story to tell may get a better result in negotiations or a trial. An experienced trial attorney can help you present the case in the best possible light.

    Contact an Experienced Texas Injury Attorney

    Getting maximum compensation is important for your future. At The Fell Law Firm, our team can help you get what you deserve after an accident. Call our Dallas offices at 972-450-1418 to schedule a consultation to discuss your case.

  • Auto Recalls Can Still Keep Dangerous Cars on the Road

    Many automobile recalls are for issues that don’t threaten driver safety. Some, however, are for issues that have the potential to cause serious harm or severe car accidents. Unfortunately, recalls are not always effective in getting dangerous vehicles the repairs they need to be safe.

    How Effective Are Recalls?

    In 2023, the National Highway Traffic Safety Administration (NHTSA) oversaw almost 900 auto recalls for various safety concerns. The NHTSA regularly monitors the effectiveness of these recalls. It has tried many strategies to improve the percentage of people who actually get the repairs done (known as “recall completion rates”).

    A recent study identified the scope of the problem. It found that the annual recall completion rate is regularly under 65%. Recalls are generally less effective the older a vehicle is. As a result, millions of vehicles with known safety problems continue to be operated because recalls do not have their intended purpose.

    Failure at Many Points

    If a vehicle is recalled, new car dealers are required to have the repairs completed before they can sell the car. This is one of the only situations where a recall is guaranteed to lead to repairs.

    Used car dealers are allowed to sell vehicles that have been recalled without doing the repair. If you bring your car into a repair shop, there’s no requirement that they check for recalls.

    When you register your car with the Department of Motor Vehicles, they’re not required to check whether the car could be dangerous. And, most importantly, vehicle manufacturers are not responsible for making sure recalled vehicles get the necessary repairs.

    Ways to Address a Vehicle Recall

    So how do you find out about recalls? The NHTSA has a website where you can check for recalls by license plate number or VIN.

    Of course, many owners wouldn’t know how to address a recall even if they found out about it. Where do you take the car? Do you have to pay for the repairs? How long does it take to get the repairs done? Confusion over how to handle a recall may discourage many owners from taking action.

    Authorized dealers for manufacturers do have to repair recalled vehicles. The repairs are done for free if the vehicle is less than 15 years old. This may have been enough at one point, but the average age of cars on the road is older than ever. Plus, people who can’t afford repairs usually handle them on their own, so they wouldn’t go to the dealer.

    Contact an Attorney After an Accident

    Defective vehicles are a serious problem in the United States. They can cause tragic accidents for their owners as well as other drivers. If you’ve been injured in a crash, you need a skilled lawyer. Call The Fell Law Firm at 972-450-1418 to speak to someone from our Dallas offices.

  • Study Places Texas Among Biggest Offenders of Distracted Driving

    There is no shortage of car accidents on Texas roads. And while no two crashes are exactly alike, there are a handful of driving mistakes that contribute to many car accidents. Chief among these common driving errors is distracted driving.

    Distracted Driving By the Numbers

    According to the National Highway Traffic Safety Administration (NHTSA), more than 3,300 people died in distracted driving accidents in 2022. The NHTSA further reports that 2.1% of drivers are talking on handheld cellular devices at any given moment.

    In Texas alone, 495 traffic fatalities were attributed to distracted driving in 2022. That means more than 11% of deadly crashes in Texas are caused by distracted drivers. The numbers do not paint a pretty picture when compared to other states.

    Ranking States By Distracted Driving Incidents

    There is no place in the United States where drivers are free from the problem of distraction. Classic distractions, like your morning coffee or noisy kids in the back, have been joined by cell phones and infotainment systems. Drivers have never faced so much competition for their attention.

    While distractions are everywhere, the laws and enforcement efforts regarding distracted driving vary widely. Some states have prioritized the fight more than others. A recent study has sought to rank the various states by how much of a problem distracted driving poses.

    Texas was ranked 8th worst in the nation in terms of the impact of distracted driving. States ranking even below Texas include Louisiana, Kansas and New Mexico, which ranked worst.

    The three elements analyzed to create the ranking were as follows:

    • Distracted driving fatality percentage
    • The number of people killed per 100,000 residents by distracted drivers
    • The number of distracted drivers per 100,000 residents involved in fatal crashes

    How to Address Distracted Driving

    Part of the issue with distracted driving is that many drivers don’t take the danger of these distractions seriously. The first tip provided by the Texas Department of Insurance for avoiding distracted driving is to recognize that it’s risky behavior. Once that’s acknowledged, then the next tip—to turn off your phone—is more valuable.

    While cell phones aren’t the only distraction, they’re a major issue for many drivers. To truly avoid that distraction, you need to render the phone incapable of stealing your attention. Turning it off or placing it in the glove compartment on silent can help you put it out of your mind. In turn, you can pay better attention to the road.

    Talk to an Experienced Texas Personal Injury Attorney After a Crash

    If you’ve been involved in a car accident, you need legal help to protect your rights. At The Fell Law Firm, our skilled lawyers can answer your questions about distracted driving and the law. Call our offices today at 972-450-1418 to schedule a free initial consultation.

  • V2X: Sci-Fi Fantasy or the End of Car Crashes?

    Vehicle-to-everything technology, referred to as V2X, has incredible potential to make our roads safer. It also sounds like it may be too good to be true.

    There are many roadblocks to tackle before the use of V2X can be widespread. The U.S. Department of Transportation released a deployment plan for V2X this year that may get the ball rolling on this game-changing technology.

    What Is V2X?

    Vehicle-to-everything refers to a wireless interconnection between cars, roads and even pedestrians. With it, vehicles would “know” about the position of other vehicles, potential obstructions and other safety hazards. It’s basically a collision warning system that incorporates far more information than current technology allows.

    An Age-Old Problem

    Making technologies compatible has been a challenge for centuries. In the case of V2X, you have numerous auto manufacturers and different groups building and maintaining roadways. Convincing all parties to use technology that will seamlessly communicate with one another takes effort.

    The Federal Highway Administration is working hard to advance the cause of interoperability. They are working with the stakeholders and investing in research and development to solve this key problem. If V2X is ever going to live up to its potential, the compatibility issue must be addressed.

    The Potential Benefits of V2X

    V2X could be revolutionary. The primary benefit is enhanced safety. By sharing real-time data about traffic conditions, road hazards and vehicle locations, V2X can help prevent accidents and reduce fatalities.

    For example, vehicles can receive alerts about impending collisions or road obstacles, allowing drivers to take preventive action. It may even be possible for the vehicles themselves to take evasive action without the driver doing anything.

    A side benefit of V2X is improved traffic efficiency. V2X technology can optimize traffic flow wiby providingnformation about traffic signals, congestion a,nd other factors. It could help drivers pick optimal routes to minimize travel time. Spending less time stuck in traffic is better for drivers and would also have environmental benefits.

    V2X may also be the key to making autonomous vehicles truly effective. V2X could smooth the transition from human-driven vehicles to autonomous vehicles, enhancing overall road safety and efficiency.

    Finally, V2X technology could help transportation engineers design better infrastructure and public transport systems. Roads, signals, exits and merge points could all be optimized to make traveling more efficient with the information provided by V2X technology.

    Contact Our Experienced Texas Car Accident Attorneys

    Technology may eliminate car accidents in the future. For now, they are a serious problem experienced by countless drivers. After a car accident, you need a skillful car accident lawyer to protect your rights. Contact our team at The Fell Law Firm by calling 972-450-1418 or contact us online for a free initial consultation.

  • Head and Brain Injuries in Car Accidents

    Traumatic brain injuries, or TBIs, are among the most devastating injuries you can receive. They also commonly can result from car accidents and are often complex and life-altering.

    The impact of a brain injury can extend far beyond the initial medical treatment that often follows. It can affect every aspect of a victim’s life, from cognitive function to emotional well-being.

    What Causes Brain Injuries in Car Accidents?

    Violent forces are at play during a car crash. Even in seemingly minor accidents, the impact of a car on another car or a person’s body can do tremendous damage. The sudden jolt of a crash can cause the brain to collide with the skull, resulting in a concussion or severe TBI.

    Common situations indicating a TBI include:

    • Whiplash: The rapid back-and-forth motion of the neck can lead to concussions and other brain injuries.
    • Airbag Deployment: While airbags save lives, they can also contribute to brain injuries if the force is too strong. They can also cause a passenger’s head to strike a window or other object in the vehicle.
    • Penetrating Injuries: In high-speed collisions, debris from vehicles can penetrate the skull, causing significant trauma to the brain.

    Types of Brain Injuries

    Brain injuries vary in severity and type. They can be classified into two main categories:

    1. Closed Brain Injuries: These occur without any break in the skull. Common examples include concussions and contusions, which can lead to headaches, dizziness and memory issues.
    2. Penetrating Brain Injuries: These involve a break in the skull and are usually more severe, often requiring immediate medical intervention. Symptoms can range from loss of consciousness to long-term cognitive impairment.

    The Long-Term Impact

    Brain injuries and their repercussions can last a lifetime. Victims may face challenges in returning to work, maintaining relationships or even performing daily tasks. Cognitive deficits can hinder a person’s ability to think clearly, solve problems or manage emotions, leading to frustration or even depression.

    For many clients, the financial burden can be overwhelming. Lost wages, medical bills and rehabilitation costs can add up quickly. If the victim requires long-term care or therapy, that can increase costs exponentially. This is where a personal injury claim can provide crucial support.

    Seeking Legal Help

    If you or a loved one has suffered a TBI due to a car accident, consult with a personal injury attorney. It’s essential to find someone experienced in handling these complex cases in Texas. These lawsuits can be challenging, especially when dealing with insurance companies who have a financial interest in downplaying your injuries.

    An experienced lawyer can help gather medical evidence, establish liability and advocate for fair compensation. This may include coverage for:

    • Medical expenses
    • Rehabilitation costs
    • Lost income
    • Pain and suffering

    Contact Our Dallas Brain Injury Attorneys Today

    The Fell Law Firm has the experience and skill to protect car accident victims. Call our Dallas offices at 972-450-1418 or contact us online. We can schedule a free initial consultation and begin planning how to get you the compensation you deserve.

  • 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.

  • Understanding Comparative Fault in Texas Car Accident Cases

    Understanding Comparative Fault in Texas Car Accident Cases

    Deciding who’s at fault in a car accident isn’t always easy. One car might hit another, but that might not tell us much about who caused the accident. What if the other driver ran a stoplight? What if they were speeding or driving while distracted?
    In cases like these, Texas operates under a “modified” comparative negligence rule. That means a personal injury victim can pursue damages even if they may be partially at fault for the car accident. Here’s how modified comparative fault works in Texas.

    How Does Texas Comparative Fault Law Work?

    Texas comparative fault law is based on the idea of “proportionate responsibility.” The law says that even if a personal injury victim is partially responsible for the accident but not primarily responsible for the accident, they can still recover compensation.
    The judgment in a car accident case will assign a percentage of fault to each driver based on how carelessly they acted. For example, if a driver failed to signal before changing lanes and then was hit by a speeding car, the court might decide that each driver was 50% at fault.
    The specific percentage of fault is important to the personal injury case. Damages are generally calculated by subtracting the at-fault percentage from the compensation total.

    What Makes Texas Comparative Fault Law “Modified”?

    Many states allow victims to recover compensation as long as they are not entirely responsible for the accident. However, Texas comparative fault is considered to be “modified” because there are additional court rules that can apply, in addition to just the basics of comparative fault. Most importantly, Texas applies a 51% rule.

    The 51% Rule and Fault in Car Accident Cases

    Texas law says that a person cannot recover compensation in a car accident case if they are more than 50% responsible for the accident. Even if they’re only 51% responsible, the law prevents them from receiving any damages in a personal injury case.
    Because of the 51% rule and modified comparative negligence in Texas, car accident cases often revolve around the parties accusing each other of being more at fault. Attorneys use evidence such as police reports, witness statements and expert testimony to prove that the other party was more at fault.

    Is Fault Complicated in Your Car Accident Case?

    If you were injured in a Texas car accident case, it’s important to get legal help—even if you were partially at fault. You still deserve compensation for your injuries, and our law firm can help fight for you. Contact the Fell Law Firm in Dallas at 972-450-1418.