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It’s natural to assume that ridesharing services are a plus from a safety standpoint. After all, isn’t ridesharing supposed to help cut down on drunk driving?

Unfortunately, few studies have shown lukewarm results on the effect of Uber, Lyft and other ridesharing services on safety. In fact, there is some reason to think they might even be making the roads less safe.

The Danger Points for Rideshare Drivers and Passengers

A recent study of ridesharing services in New York points out one very clear threat when it comes to these companies. Ridesharing is at its most dangerous when you’re being picked up or dropped off. There was no statistical sign that rideshare drivers are more dangerous en route.

Another interesting finding was that taxi services did not show the same level of danger at pick-up and drop-off points. The harm was tied to the ridesharing services that have taken over in many parts of the country.

This suggests that either the drivers themselves are the problem or something about the way they handle the beginning and end of their journeys is to blame.

Distracted Driving and Ridesharing Services

If you’ve ever used an Uber or Lyft, you might recall the slightly awkward feeling you have as you’re waiting to be picked up by a person you don’t know. You’re staring at your phone and trying to spot an anonymous car in a crowd. Whereas taxis tend to stand out, the cars used in ridesharing tend to blend in. That means you, as a would-be passenger, are in an uneasy position.

The same type of problem is there for the rideshare driver. You hail a cab or meet in one space designated for that purpose. If you request a rideshare, your driver has to find you, potentially in a crowd and potentially in an unfamiliar spot.

Your driver is basically forced to monitor a cell phone rather than attending to the needs of safe driving. Distracted driving is always hazardous. In the case of ridesharing services, it’s also a built-in part of the process.

Unmet Potential or a Failed Application

Ridesharing has room to grow. It’s possible that there are kinks in the system that will be ironed out over time. Ridesharing may, eventually, fulfill the promise of vastly reducing drunk driving while not leading to increased accidents of another variety.

It could also be the case that ridesharing services are not the boon people hoped they would be. As more time passes, it may turn out that ridesharing is an unworkable or unwise model.

Contact a Skilled Texas Personal Injury Lawyer Today

If you need an attorney to help you with a ridesharing accident or other car crash, we can help. Call The Fell Law Firm today at 972-450-1418 or contact us online.

Some people buy larger vehicles solely for the carrying capacity. If you have lots of kids, a compact car might be an awkward fit for your family. Some buy larger vehicles because they need to tow a boat or trailer. However, many people buy larger vehicles because of the safety advantages. In a collision, bigger seems better. But is that really true?

Cars Are Growing Fast

The tendency to associate size with safety is driving a national trend: Cars are getting bigger, in general. Some of that is the result of mandatory safety equipment. Side airbags, for instance, may require a vehicle to be a few inches larger than it otherwise would have been. Some of it is just consumer preference. Size makes people feel safe.

SUVs and Pedestrians

There is growing data that the move toward larger vehicles is particularly harmful to pedestrians. This could be due to the height of the hood, the driver’s feeling of invulnerability or simply the sightlines and angles posed by SUVs. They pose twice the danger to pedestrians as regular cars. Big cars mean big problems for anyone traveling on foot.

Parents face a difficult decision when their children reach driving age. You know your child is more likely to survive a crash behind the wheel of a massive SUV. Then again, your child may be more likely to cause a crash, potentially taking the lives of others in that same SUV.

There is no question that people in large vehicles fare better in crashes. There is also no question that teen drivers are disproportionately responsible for car accidents, particularly fatal car wrecks. So when parents pick big cars for their teen drivers, they maximize the damage done by the most dangerous drivers on the road.

Pickup Trucks and Cars

SUVs endanger pedestrians and pickups endanger cars. Safety changes have made SUVs less deadly when they collide with cars. But those changes haven’t affected the high rates of fatality for car drivers in collisions with trucks.

Again, consumers don’t weigh the damage they will suffer in a crash against the harm they will cause in one. Famously, most people consider themselves above-average drivers. Statistically, that’s impossible. Half of us are below average, and it just might be the half driving the largest vehicles.

Contact an Experienced Attorney After a Car Accident

If you have suffered an injury in an auto accident, you need to speak to an attorney about your rights. At The Fell Law Firm, we help accident victims get the compensation they deserve. Our Texas personal injury lawyers will aggressively protect your rights. Contact us online or call us at 972-450-1418 to schedule a consultation.

While some states have no-fault laws for car accidents, Texas is not one of them. Texas is an at-fault state. However, the issue is not as simple as you may think. When a car accident occurs, the at-fault party may not accept responsibility, or their insurer may deny your claim.

For this reason, you need a car accident attorney who can help you establish fault and get fair compensation. Below, we look at Texas’ at-fault laws and what you can expect if you get into a car accident.

No-Fault vs. At-Fault: What’s the Difference

If you’re a driver in Texas, it’s important to know the difference between no-fault and at-fault driving laws.

No-Fault State

In a no-fault state, you use your insurer to pay out for medical costs, regardless of the person causing the accident. Each driver’s insurance pays for their injuries, no matter who was at fault. The no-fault law streamlines your car accident claim and ensures quicker compensation for your injuries.

At-Fault State

In an at-fault state, the driver responsible for causing a car accident is assigned financial responsibility for the damages. The insurer of the person responsible for the crash handles the financial and personal losses of the other parties involved in the accident. The only caveat here is establishing who was at fault for the accident.

Is Texas a No-Fault or At-Fault State?

When it comes to car crash insurance claims, Texas is categorized as an at-fault state. Whoever is cited with causing the accident is responsible for covering the damages resulting from the accident.

In Texas, who is at fault in a car accident is based on the principle of negligence. The Texas Transportation Code, Chapter 545, outlines traffic laws and regulations that help identify negligence in a collision. Section 545.051 states that drivers must operate their vehicles in a careful and alert manner, considering all driving conditions.

When a car accident occurs in Texas, fault is typically determined based on the circumstances surrounding the collision. This includes factors such as:

• Speeding
• Failure to yield
• Distracted driving
• Traffic violations

Insurance companies, law enforcement officers and sometimes the courts assess evidence and witness statements to determine fault.

The Tort System

Texas follows the traditional tort system for handling car accident claims. Under this system, you have the right to pursue compensation for damages. The car crash lawyer in charge of your case can file an accident claim against the at-fault driver’s insurance company.

If the insurer denies your claim and you can’t reach a settlement, your attorney can file a lawsuit to win your case. Payouts may include hospital costs, damage to your vehicle, lost pay, or suffering and pain, as well as other damages.

Contact The Fell Law Firm for a Free Case Review

If you were injured in a car accident in Texas and want to know what your case is worth, contact The Fell Law Firm. Call 972-450-1418 to get a free case review from a car accident attorney in Dallas.

In legal cases involving injury or damages, compensatory damages provide monetary payment to compensate you for financial and personal losses. Damages cover harm suffered due to the actions of the other driver or negligent party.

A Dallas car accident attorney can determine which damages you can claim. While they can’t guarantee the outcome, they’ll advocate on your behalf to get the best settlement possible. Below, we look at what compensatory damages you can claim in a car accident in Texas.

8 Types of Compensatory Damages

Understanding the different types of compensatory damages helps you navigate the legal process. It’ll also help you get the most out of your personal injury claim.

1. Medical Expenses

You may be entitled to reimbursement for past and future medical bills from injuries caused by the defendant. Medical expenses can include hospitalization, surgery, medication, rehabilitation and any other necessary medical treatments.

2. Lost Wages or Earning Capacity

When injuries prevent you from working, you suffer financial losses. You can seek reimbursement for income lost due to time taken off work for medical treatment, recovery or disability. Your accident attorney can work with your boss to determine the exact amount of pay you lost.

3. Pain and Suffering

Compensatory damages also account for the physical and emotional pain endured by the injured party. You can get compensation for the pain and suffering you experienced as a result of the injury. You may also be awarded compensation for the emotional or mental pain you suffered as a result of the defendant’s actions.

4. Loss of Consortium

Loss of consortium refers to the lack of companionship, support and intimacy resulting from the injury. In cases where the injury affects relationships and the ability to enjoy familial bonds, compensatory damages may be awarded.

5. Loss of Enjoyment of Life

When injuries impact daily activities or hobbies, your attorney may include damages for the loss of enjoyment of life. The claim acknowledges the diminished quality of life you experienced due to the defendant’s actions.

6. Emotional Distress

Accident-related damages can also include anxiety, severe depression or long-term mental problems. Emotional distress damages address the mental suffering you endured during recovery.

7. Long-Term Damages

Long-term or permanent damages may include future expenses and losses. You may be able to claim ongoing treatment, therapy and potential loss of income or earning capacity.

8. Rehabilitation Costs

Rehabilitation costs, including expenses for any kind of therapy, may be included in compensatory damages. These costs are necessary for your recovery and restoring your quality of life post-injury.

Contact The Fell Law Firm for a Free Case Review

If you were injured in a car accident and want to know what your case is worth, contact The Fell Law Firm. Call 972-450-1418 to get a free case review from a car accident attorney in Dallas, Texas.

When a car accident happens, it’s normal to feel a strong rush of adrenaline. This rush is a natural survival instinct, but it can also prevent you from thinking clearly. Car accident survivors often feel confused, overwhelmed and panicked. Not surprisingly, in the middle of everything, they forget the importance of preserving evidence.

At Fell Law Firm, our experienced attorneys have handled a full range of car accident cases. This includes cases that hinged on evidence that seemed unimportant at first. Here’s what you should know about preserving the right evidence after a crash.

The More Evidence Collected, the Clearer You Make Your Case

In a car accident case, the evidence helps paint a picture of what happened and who was at fault. The more evidence you collect, the more complete that picture becomes. Relevant evidence may include:

• Photographs: Pictures of the accident scene, damage to your vehicle and injuries (both at the hospital and throughout recovery) can be critical to the success of your case.
• Statements: Witness statements can be a good source of information from a neutral third party.
• Expert testimony: Serious car accident cases often rely on experts to testify about what may have happened or how an injury may affect your life.
• Dashcam videos: These videos can be some of the most powerful evidence because they show what happened in real-time.
• Police reports: Courts are often very deferential to these official accounts of the accident.
• Medical records: Your medical records help paint a picture of just how seriously you were hurt.
• Cell phone records: These records can help catch distracted drivers who were talking or texting behind the wheel.

Get as Much Information as You Can at the Scene

Your attorney can track down most of these types of evidence. However, it helps if you collect as much information as you can at the scene.

If you can, get the names of witnesses who saw what happened. Record exactly where you were and what time of day the accident occurred. Take pictures of the road conditions, road signs, positions of vehicles and the damage to your car.

If you record these things right away and share them with your lawyer, they can build a solid foundation of information for your legal team to work with during your case.

Talk With an Attorney Right Away so They Can Preserve Evidence Before it’s Lost or Destroyed

Once you retain an attorney, they’ll get to work right away. This is because it can become harder to collect evidence over time. For example, witnesses’ memories fade. Sometimes, a witness may move or change phones, and it may become impossible to contact them.

Dashcam videos can be destroyed, and, in trucking accident cases, log books may be lost. Of course, it’s against the law for a party to intentionally destroy evidence. But the more time elapses, the more likely it’ll be that the evidence no longer exists.

To get started on your car accident case, contact the attorneys at The Fell Law Firm in Richardson, Texas. Call us at 972-450-1418 or contact us online.

After a car accident, getting your life back together can be challenging. Your road to recovery may involve dealing with insurance companies, medical bills, missed work and car repairs.

Things only get more complicated when there is more than one vehicle involved. In a multi-vehicle accident, who is responsible for the damage done? Our experienced attorneys can explain how the law works in these complex car accident cases.

In Multi-Vehicle Accidents, Evidence Is Key

Determining who’s at fault can be complex in multi-vehicle crashes. It’s not as simple as assessing who hit whom. Factors like distracted driving, speeding, failure to yield and even vehicle mechanical problems all come into play.

Evidence is crucial in sorting everything out. Your lawyer will work diligently to gather as much evidence as possible, including:

• Witness statements
• Dashcam videos
• Police reports
• Photographs of the scene
• Medical records
• Cell phone records

In reviewing the evidence, your lawyer may discover that details that initially seemed minor might actually have had a significant impact on the crash. For example, a driver who failed to swerve may have actually been falling asleep at the wheel.

Texas Is a Modified Comparative Negligence State

Evidence will help demonstrate how much each driver was at fault in your multi-vehicle accident.

Using a legal principle called “comparative negligence,” the court will assign a percentage of fault to each of the parties. For example, the driver who hit you may be found to be 60% at fault. Another driver involved could be 30% at fault, and you could be 10% at fault.

These percentages are then used to determine the amount of compensation to be paid. If a plaintiff is found to be partially at fault for their own injuries, their damages will be reduced by the percentage they were found to be at fault.

In Texas, you can sue for damages even if you’re partially at fault for the accident. However, you cannot recover any damages if you’re found to be more than 50% at fault. That is what makes our state a “modified comparative negligence” state.

Multi-Car Personal Injury Cases Are Complex

This determination is complex and is not something you should try to achieve on your own. So, what’s the best way to move forward after an injury in a multi-car accident? Talk with a lawyer as soon as possible.

You have nothing to lose by scheduling a free and confidential consultation. You can then assess whether the law firm would be a good fit for you and your case.

Don’t put off talking with the lawyers at our Richardson, Texas, law office. Call us at 972-450-1418 or contact us online.

John F. Kennedy famously said, “To have a child is to give fate a hostage.” Parents who want, above all else, to keep the most precious people in their lives safe feel this intensely. Kids’ safety is our top priority.

Since driving is statistically one of the most dangerous things we do, how can we keep kids safe in vehicles? Here are some tips from our team of Texas personal injury attorneys.

Follow Texas Car Seat Laws

Texas law requires that, unless they are taller than 4 feet 9 inches, all children younger than eight years old must be buckled into a child safety seat whenever they ride in a car or truck. Older children who’ve outgrown a booster seat must be buckled in with a seat belt.

Statistics show that, of children who were killed or seriously injured in car accidents, only about 40% were properly secured in the vehicle at the time of the accident. To properly secure your child, you’ll need to choose the right car seat. One size does not fit all.

• Rear-facing seats: All babies and toddlers should ride in a rear-facing car seat until they’re two years old.
• Forward-facing seats: Any child two or older who has outgrown a rear-facing seat should use a forward-facing car seat with a harness.
• Booster seats: Any child who has outgrown a forward-facing seat should use a booster seat until they’re big enough for the seat belt to fit properly without it. This typically happens when they reach 4 feet 9 inches and are between eight and 12 years old.
• Seatbelts: Any child who has outgrown a booster seat should wear a seatbelt.

TxDOT offers free car seat checks. To learn more, visit savemewithaseat.org.

Put Your Kid in the Back Seat

According to the Texas Department of Transportation, all children younger than 13 are safest in the backseat. That’s because front-seat vehicle restraint systems are designed for adults—not kids.

Seat belts are designed to restrain the two strongest areas of our skeleton, the rib cage and hips. In preteens and kids, the hip bones are not fully developed, which can cause the lap belt to ride up into the abdominal cavity during a crash.

Get Legal Help If Your Child Has Been Injured in a Car Accident

Car crashes are especially hard on children, and we understand how devastating it can feel to watch your kids in pain. If your child has been injured in a crash, get the help you need by talking with an experienced attorney.

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 The Fell Law Firm in Richardson, Texas, call us at 972-450-1418 or contact us online.

Bulky winter coats are less common in Texas than in many other places. Still, the weather does get cold enough sometimes for us to need to bundle our kids up before getting in the car. But have you ever wondered if you should take that jacket off before you put your child in a car seat?

The Car Seat Headache

While some seats are better than others, it seems like keeping your child safe should be easier. If you’ve ever tried to quickly move a car seat from one vehicle to another, you know the instructions provided leave something to be desired.

Installing a car seat is not the only difficult thing about them. Some of them can pinch, rub or otherwise cause your child pain. Many parents are reluctant to strap their children in as tightly as they should, and bulky coats make the problem worse.

What the Experts Say

Getting into a car accident with your child in the vehicle is a terrifying prospect. To minimize the risk, you need to make sure your child is properly secured in a car seat. The people at Consumer Reports offer several important tips when it comes to coats and car seats.

First, it’s best to do this well in advance rather than right before a drive you’re impatient to start. You’ll need to check the fit of the car seat with the coat on and then without, for comparison’s sake. This will take a bit of time, so be prepared.

Fasten your child into the harness with the coat on. Tighten it as you usually would. Then, unhook the harness without loosening it. Take your child out and remove the winter coat. Now, put your child back into the seat and fasten it to the exact same position as with the coat.

You’ll know the coat is too bulky if you can pinch the strap together with your thumb and pointer finger. If you can pinch it together, it’s too loose. That means you must ditch the coat before strapping your little one in.

Alternate Solutions

Remember that you’ll need a solution that doesn’t require you to turn around in your seat while you’re driving. If you’re fiddling with the placement of a blanket on your child while driving, you aren’t doing yourself any favors from an accident prevention standpoint.

Still, blankets are one way to go. You can tuck the blanket in over and around the harness so it doesn’t compromise safety. You can also buy a car seat cover specifically designed to solve this problem. Finally, if your child is older, you can just put the coat on them backward after strapping them in.

Get Help From a Skilled Personal Injury Attorney in Dallas

The Fell Law Firm is dedicated to helping people get compensation after a car, truck, or motorcycle accident. We represent people who’ve been seriously injured in these tragic accidents. If you’ve been injured in a crash, call us at 972-450-1418 or contact us online for a free consultation.