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  • A Deadly Time for Pedestrians

    Most drivers know that they’re always required to exercise care to avoid hitting a pedestrian. Even if the pedestrian violates the law, it’s still the driver’s responsibility to do what they can to avoid an accident.

    But knowing the law and following it are two different things. Fatalities among pedestrians are at their highest point in years. This continues a trend going back to 2010.

    A Study of Fatal Pedestrian Accidents

    According to a study from the Governors Highway Safety Association, pedestrian deaths in motor vehicle accidents exceeded 7,500 last year. That’s the largest total recorded since 1981. An official at the GHSA listed a number of causes for the steady increase in these accidents, including:

    • Lack of infrastructure
    • The rise in popularity of SUVs
    • More distracted drivers
    • Post-pandemic rise in speeding and other forms of reckless driving

    Distraction is a problem that goes both ways. Pedestrians and motorists both need to be aware of their surroundings. Paying attention might not eliminate all pedestrian accidents, but it would reduce them significantly.

    Possible Solutions

    The GHSA guidance on how to reduce or eliminate pedestrian accidents includes things that require time and investment, as well as simple fixes.

    • Some, like reduced speed limits, would be easy to implement but are highly unpopular and difficult to enforce.
    • Some solutions involve a change in road construction.
    • The use of sharp, rather than round, curves can reduce speeding.
    • Pedestrian islands and changes in sidewalk shape can also help motorists spot pedestrians or give pedestrians more areas to stand safely.

    Not Built for Walking

    It doesn’t take a city planning expert to realize that most cities and towns in Texas, and throughout the country, are built for people in cars, not on foot. That reality makes pedestrian safety a secondary concern for many. If more people are choosing to walk or ride bikes to get around, changes will have to be made to accommodate that preference.

    Motorists don’t want to hit pedestrians and pedestrians don’t want to get hit. The two groups are (or should be) on the same side. What matters is that we do what we can to prevent tragic, and preventable, accidents.

    Talk to an Experienced Attorney Today About Your Accident

    If you’ve been injured or lost a loved one in a pedestrian accident, you need legal help right away. At The Fell Law Firm in Dallas, our personal injury lawyers know how to maximize compensation after an accident. Call us at 972-450-1418 or contact us online to schedule a free consultation.

  • What Are Your Rights as a Renter?

    We live in a society that for so long has put property ownership on a pedestal. Not everyone can or even wants to own their place of residence, however, and that shouldn’t make them second-class citizens.

    Texas provides certain renter’s rights to all who rent their apartment or other type of residence. These laws protect renters and their families from becoming victims to the negligence of property owners and management companies who might skip safety measures to try to save money.

    Right to Repairs

    No matter what kinds of places you’ve lived in, you know that properties need repairs. Homeowners take on that responsibility themselves or hire someone to help repair an issue. But what about tenants?

    Tenants rely on their landlords to fix many of the issues they face from day to day. In fact, trying to fix certain things without landlord help could get a renter into trouble. What types of common repair issues should a landlord address for the safety of their tenants?

    • Sewage backups
    • Pests (roaches, rodents)
    • Mold
    • Faulty electrical issues
    • Roof leaks

    Specific state housing laws of Texas govern the repairs landlords are required to provide. The general rule is that an issue must be fixed if it is a reasonable physical health and/or safety risk for a tenant.

    Do Your Part to Preserve Rights

    Landlord and tenant cases can be sensitive and complicated. Living in a situation you feel is unsafe or unhealthy creates everyday stress. As a tenant, you cannot control your surroundings entirely, so control what you can in order to be in the best situation possible should a repair case pop up.

    As a tenant, you’re in the best legal position to demand repairs if you’re up-to-date on your rent payments. Before filing any sort of premises liability lawsuit regarding repairs, a tenant must also show that they have filed a request for certain repairs and given the landlord a reasonable chance to make the repairs.

    If a Dangerous Property Caused You Harm, Get Help

    If a landlord neglected all of your requests for repairs, and your living conditions caused you, a loved one, or your valued goods harm, you could have legal options. Remember, you are a person—a customer with certain rights.

    Contact The Fell Law Firm online or at 972-450-1418 to discuss how our experienced personal injury lawyers can help with your premises liability case. You deserve a safe home and, through fighting to protect that safety, you help to create a safer Texas community for all of us.

  • Texas Dram Shop Law Can Help in Car Wreck Case

    We know car accidents happen every day. These road incidents can have short and long lasting impacts on a person’s life, whether that impact is physical, emotional, financial, or all of the above.

    One common cause of Texas car accidents is drunk driving. Driving drunk is totally avoidable. Obviously, the driver who was impaired and caused the crash could have chosen not to drink. The driver could have chosen to use an Uber in order to get around.

    There is, however, another way in which Texas laws try to prevent harm caused from drinking and driving. Have you ever heard of dram shop laws?

    What Are Dram Shop Laws?

    Texas passed its Dram Shop Law in 1987. The law puts the potential of liability on providers of alcohol. The idea was that if those who work at bars or restaurants know they could be partially blamed for a DUI accident, maybe they would act more responsibly.

    The Texas legal code defines a provider of alcohol as the following: “a person who sells or serves an alcoholic beverage under authority of a license or permit….” This could mean that the provider sold or served the alcohol to a patron in an establishment with a liquor license. Examples of these possible providers are bartenders and/or waitstaff.

    Dram shop liability becomes an option for plaintiffs in DUI crash cases if they have reason to believe a provider played a role in the impairment of the drunk driver who caused injuries in an accident. The question they’d ask is whether it would have been reasonable for a provider to have refused to serve someone who was clearly a danger to the community and/or him or herself.

    What Do We Need to Prove?

    Proving a driver was impaired at the time of an accident is pretty straightforward. Law enforcement can generally measure a suspect’s blood alcohol content level through various tests. However, when trying to prove a provider’s guilt in a DUI incident, there isn’t a breath, urine, or blood test to administer that will help.

    You have the driver’s chemical tests and actions to go by, and then there needs to be a separate investigation into the establishment where the driver consumed the alcohol. Are there camera recordings at the bar in question? Do witnesses from the time when the alcohol was provided remember obvious signs that the drunk driver should not have been served alcohol?

    Personal Injury Lawyers Will Know What to Ask

    Dram shop laws add a layer of helpful accountability, but they also add a layer of legal complexity to a personal injury case involving drunk driving. Whether an accident victim wants to pursue only the drunk driver in a DUI accident case or an establishment, too, they will need the experienced guidance that the attorneys at The Fell Law Firm can provide.

    Contact us online or at 972-450-1418 to understand what the next steps should be to best protect your rights following a drunk driving accident.

  • Is There a Link Between Daylight Savings Time and Car Accidents?

    Spring means it stays light out longer, partly because we “spring ahead” an hour due to daylight savings time (DST).

    Most people enjoy having the extra hour of light in the evening, but transitioning to DST comes with a few drawbacks, including, according to some studies, negative impacts on health and an increase in auto accident rates.

    Spring Transition to DST Leads to Crashes?

    The Fatality Analysis Reporting System (FARS) compiled 20 years’ worth of data to try to figure out whether moving to daylight savings time had an effect on auto accidents. Their data shows that in the first week after we set our clocks ahead, there is a 6% increase in the number of fatal crashes.

    That amounts to 28 more deaths in that first week of DST compared to an average week. After the first week of DST, the number of fatal accidents tends to revert to normal levels.

    FARS data also showed that when we “fall back” an hour in November, we do not see an increase in crash rates.

    Another study that appeared in Current Biology in 2022 looked specifically at vehicle-deer collisions. Such collisions cause 59,000 injuries and about 440 deaths per year in the U.S.

    That study found vehicle-deer collisions increased as much as 16% in the week following the time shift. The researchers argued that moving to permanent DST would greatly reduce the problem.

    Potential Explanations for More Crashes in the First Week of DST

    The FARS team theorized that more accidents happen in the first week of DST because drivers lose an hour of sleep and it takes a while to adjust. This means drivers are more fatigued in that first week and are prone to slower decision-making.

    DST also means mornings are darker, making morning commutes darker, and it has been proven that more accidents happen in the dark.

    Advocacy groups have been pushing harder to make DST permanent. One group argued that by getting rid of the time shift we could reduce auto accident deaths by almost 200 per year and cut pedestrian deaths by 170 annually.

    Where Did Daylight Savings Time Come From, Anyway?

    Daylight Savings Time in the U.S. is mandated by a federal law called the 1966 Uniform Time Act. The law does allow states to opt out of DST and go permanently to standard time, which only Arizona and Hawaii have done.

    Instead of opting out of DST, a growing number of states want to be on DST permanently. 19 states have passed resolutions in recent years stating they would make DST permanent if Congress authorizes it.

    Contact a Dallas Injury Lawyer Any Time of Day

    Auto accidents can happen anytime and leave you with serious injuries that drastically impact your life. If you have been hurt in a car, truck, motorcycle or other vehicle wreck in East Texas, The Fell Law Firm is here to help.

    Call 972-450-1418 or send us a message to schedule a free consultation with one of our experienced Dallas-Fort Worth auto accident attorneys today.

  • Self-Driving Car Crashes: Who Is at Fault?

    Until the past few years, vehicles have always required human drivers to be in full control at all times. When a crash happened, a human was usually to blame, and that human could be held liable if other people were injured.

    But technology is changing the nature of driving. Cars are starting to have self-driving capabilities. This raises the question of who is at fault when a self-driving car gets into an accident in Texas.

    Understanding What “Self-Driving” Really Means

    First, we should all realize that true self-driving cars are still many years away. Despite all the marketing hype, every car on the market today still requires a great deal of driver input.

    The Society of Automotive Engineers (SAE) publishes a scale that breaks vehicles out into various levels of self-driving capability. As of mid2023, no mass market vehicle reaches any higher than level 2:

    • Level 0: No automation; traditional vehicles where the driver does everything.
    • Level 1: The driver does almost everything, but the vehicle can provide some minor assistance or warnings, such as an audible lane-departure warning.
    • Level 2: Vehicles contain features that allow for partial automation of steering, braking and acceleration. GM’s BlueCruise is a current example of Level 2 technology.
    • Level 3: Vehicles at this level autonomously handle all driving tasks. However, the driver must be alert and ready to take over.
    • Level 4: The car can perform all driving and navigation tasks. Drivers do not need to be ready to take control. Level 4 vehicles are limited to certain geographic locations (service areas) that they cannot leave.
    • Level 5: Fully automated vehicles that can operate without a driver. People in the vehicle can sleep or watch movies. The vehicle can drive itself in all weather conditions on all roadways. The vehicle might not even have a gas pedal.

    Autonomous Vehicle Crashes and Injuries: An Evolving Area of Responsibility

    With autonomous driving capabilities being so new and advancing every day, there are plenty of unanswered questions about who is liable in a car crash. As it stands, liability could be placed with one or more parties, including:

    • Human driver: All so-called self-driving cars on the road today still require a person to be in control, so that person could be negligent. For example, a driver may have had the self-driving system on and then failed to take over control when the system failed, leading to a crash.
    • Manufacturer: Self-driving vehicles are still machines, and that means they’re made of thousands of parts. Poorly designed or manufactured parts can fail, including brakes, steering components and any number of other parts. These defects could make the manufacturer liable for injuries caused by a wreck.
    • Software developer: The software that powers self-driving cars isn’t perfect. It can malfunction. It could fail to see a pedestrian and run them over. Such failures could mean the developer bears some liability.

    Contact a Dallas Injury Lawyer About Self-Driving Car Crashes

    At The Fell Law Firm, our attorneys are here to help anyone injured in any type of auto accident, including those involving self-driving cars. Call 972-450-1418 or email us to arrange a free consultation with a member of our Dallas-Fort Worth legal team.

  • What Kind of Evidence Do I Need for a Car Accident Claim?

    Car accidents can be shocking experiences. If you’re involved in one, you may have trouble thinking clearly or knowing what to do next. The most important thing is to check on your own well-being and the well-being of any passengers and other drivers. Even if there aren’t any severe injuries, you should always seek medical attention.

    It’s also important to gather evidence after a car accident to build a strong case for financial compensation. By documenting what happened and how it affected you, you’re more likely to reach a settlement for the damages and injuries caused by the accident.

    Important Evidence in Car Accident Cases

    There are many types of evidence to support your car accident claim. These include:

    • Photographs and videos of damages and injuries
    • Police reports
    • Eyewitness and expert testimonies
    • Medical records
    • Driver records

    What Evidence Should I Gather After a Car Accident?

    It can be challenging to gather evidence immediately after a car accident, as you may feel disoriented and stressed, and you may even be in pain. If possible, try asking a bystander or fellow passenger to help you collect the evidence you need. Otherwise, there are other types of evidence you can gather after the accident.

    Here are some types of evidence to collect during and after the accident:

    • Other driver information : Get the contact and insurance information of the other driver or drivers who were involved in the accident.
    • Eyewitness information : If there are any nearby witnesses, collect their contact information in case your attorney needs to depose and question them.
    • Photos and videos : Use your phone’s camera to gather visual evidence, such as damage to your vehicle, skid marks and traffic signals. Any dash cam footage can also be used as evidence.
    • Communication with insurance companies : From emails to text messages, make sure to save any and all communications you exchange with your insurance provider.
    • Medical bills : It’s important to seek out medical care after an accident, as an injury might not be obvious and you could experience delayed pain. Make sure to keep any bills, records and doctor’s notes related to your injuries from the accident.
    • Vehicle bills : If you’re able to get your vehicle repaired or choose to do so, save the receipts.
    • Record of lost wages : Your injuries or car damages may result in you having to miss work for days, weeks or months. Keep a record of any wages you’ve lost.

    Do your best to keep your evidence organized. Create physical and online files or folders to keep track of everything, so you can easily access them as you build your case.

    Get a Free Consultation for Your Car Accident Case

    Navigating a car accident can be overwhelming, especially if your claims are disputed or your insurance company refuses to pay. Having a collection of evidence and an experienced attorney can help you build a case for financial compensation.

    The personal injury lawyers at The Fell Law Firm are here to help you. We’ll learn about your situation, determine whether you have a case and guide you forward. Call us today at 972-450-1418 or send us a message to request your free consultation.

  • What Happens if I Go to Court for a Car Accident in Texas?

    Being in a car accident is a jarring experience. It can lead to personal injuries, mental and emotional stress and major expenses such as repairs and medical bills.

    In Texas, a driver is responsible for an accident if their negligence or actions contributed to the accident. If they’re found to be at fault, they’re liable for the losses, damages and expenses related to injuries caused by the accident.

    If you’ve been in a car accident in Texas, your lawyer will make every effort to settle your case out of court. However, sometimes disputes can’t be resolved, which can lead to a trial.

    Why Would a Car Accident Case Go to Trial?

    Most of the time, car accident cases settle out of court. However, in order to get fairly paid for the damages you’ve suffered, there are some situations that may require going to trial:

    • Liability dispute : The case can go to trial if parties can’t agree on who was at fault for the accident.
    • Lack of settlement agreement : They can bring their case to court if they cannot agree on a settlement.
    • Refusal to pay by the insurance company : If an insurance company refuses to pay a claim, going to court may be necessary to recover damages from the accident.
    • Dispute about damages : Car accidents can also result in personal injuries in addition to damages to your vehicle. If parties are disagreeing about the extent of their injuries and the amount of compensation they’re seeking, they might bring the case to trial.

    What to Expect From Going to Court in Texas

    If you go to trial, your attorney will work to prove the details of your claim so you can get the compensation you deserve. It’s important to keep in mind that going to trial can be a lengthy process that includes multiple steps:

    • Filing a lawsuit : Your lawyer may file a lawsuit in court if a settlement can’t be reached.
    • Performing discovery and depositions : Before a trial, both parties will exchange evidence and information, such as witness statements and documents. Your lawyer will then evaluate this evidence. To gather more evidence and prepare for trial, each party can also conduct depositions, which are interviews under oath with witnesses and other relevant parties.
    • Filing motions : Each party can also file motions to request a ruling on a specific issue, such as asking that certain evidence be excluded.
    • Jury selection : Citizens will be questioned to determine whether they’re qualified to be jurors. Your attorney will be involved in this questioning.
    • The trial : During the trial, evidence will be presented and testimonies will be given. The jury will then determine the verdict.

    You Need an Experienced Car Accident Lawyer

    If you’ve been involved in a car accident, it’s critical to know your options for pursuing legal action. An experienced attorney will learn about your unique situation, guide you through the process and ensure you’re taking the right steps for your case.

    At the Fell Law Firm, our personal injury attorneys are here to help you get the financial compensation you deserve. Request a free consultation today by calling 972-450-1418 or send us a message.

  • Why You Should Hire a Car Accident Attorney

    Nobody plans on getting into a car accident. You get behind the wheel every day and always keep it safe and steady. But while it may seem like you’re in total control of the situation, that can change in an instant.

    You can do everything you’re supposed to do while driving and still get into a life-changing car accident. One distracted driver can take their eyes off the road for a split-second, and the next thing you know, your vehicle is totaled and you’re overcome by physical and mental injuries.

    When you’ve been in an automobile accident and the other driver is at fault, you may be able to file a lawsuit for financial compensation. But you should consider working with an experienced attorney to make sure the process runs smoothly.

    How an Auto Accident Attorney Can Help You

    The most obvious benefit of having an attorney by your side is that you won’t be alone in the situation. The weeks and even months after a car accident can be confusing and frustrating. Having to deal with insurance adjusters on top of it can just be too much to handle.

    Insurance companies do their best to make it hard for you to get financial compensation. It’s almost as though they’re intentionally trying to get people to give up on getting the best settlement.

    An experienced attorney will be able to fight on your behalf. They have a deep understanding of how the system works and will determine whether you have a legitimate case, what type of claim you may be entitled to and the best next steps to help you get the money you deserve.

    An attorney will help you build your case by compiling crash reports and other helpful information to ensure you have a solid claim. If an out-of-court settlement can’t be agreed on, an attorney will take the case to a lawsuit to recover your damages in court.

    Injured in an Automobile Accident? Get Help From Our Experienced Personal Injury Attorneys

    If you’ve been injured in a car accident and you’re having trouble with the insurance company, there’s a lot of stressful planning and work required to get compensation. We can fight on your behalf.

    The seasoned attorneys of The Fell Law Firm have the experience and knowledge to build your case and negotiate a settlement or take the case to court if necessary. Call us today at 972-450-1418 or send us a message to schedule your free consultation.

    Call 972-450-1418 today to request your free consultation or send us a message.

  • Getting a Crash Report in Texas

    If you’ve been injured in a car accident, you might be going through some challenging times right now. Maybe your injuries are severe enough that you’re unable to work and pay the bills. Perhaps your car is completely totaled and you don’t have a convenient means of transportation.

    Whatever the specifics of your situation, it’s possible that you could be eligible for financial compensation for the injuries you’ve sustained and the damage to your car from an accident. But in order to pursue compensation, you need to make sure you have evidence to support your case. This is where a crash report can be beneficial.

    How a Crash Report Can Help You

    After an auto accident, you have the right to obtain a crash report from the Texas Department of Transportation. A crash report is what the police officer fills out at the scene of an accident that covers important details of the crash including information about the road where the crash took place, the drivers involved and more.

    Getting a crash report after an accident can help you build a case if you want to seek financial compensation from the at-fault driver or their insurance company.

    Plain and simple, the more information you can compile related to the accident, the more evidence you’ll have to support your case. A crash report can have two full pages of pertinent information that can give you a better chance of obtaining the compensation you need to move forward.

    You can purchase a crash report online for only $6, which will give your lawyer valuable information as you work together on getting a settlement.

    If You’ve Been Injured in a Car Accident, Contact The Fell Law Firm Today!

    If you or a loved one has been injured in an auto accident, it can be an overwhelming struggle to financially recover while also overcoming physical injuries.

    The experienced personal injury attorneys at The Fell Law Firm will guide you throughout the process and make sure you’re making the right moves for your case. They are ready to help you get the money you deserve.

    Call 972-450-1418 today to request your free consultation or send us a message.

  • Who Needs to be Notified After a Car Accident in Texas?

    Some states are referred to as “no-fault” when it comes to car accidents. This means that after a car accident, each person needs to go through their own insurance to cover their own medical bills and vehicle damages. It doesn’t matter who caused the accident, you are responsible for yourself.

    Texas, on the other hand, does not abide by this system. If you get into an auto accident here, you can file a lawsuit against the other driver or a claim against their insurance to cover damages. With this in mind, it can be tricky to determine who you need to notify after you get into an accident.

    The Bare Minimum

    The important thing is that you know who you are legally obligated to contact after an accident. If anyone was injured or killed in your car accident, it’s mandatory for you to notify the police as soon as possible. If your vehicle or the other driver’s vehicle is totaled and can’t be driven from the accident, that also needs to be reported to the police.

    That’s it as far as Texas state law is concerned. You’re not legally responsible to contact the police for any other reason; however, it might be a good idea to contact them regardless in case the other driver tries to sue you after the accident.

    What About the Insurance Company?

    You aren’t legally required to contact your insurance company right after an accident. Still, you should notify them as soon as possible if you want coverage for any damage.

    Most insurance companies expect their clients to file a claim as soon as possible after an accident to ensure a claims adjuster can properly examine the details of the situation. This ensures the accuracy of the circumstance and will give you a better chance of receiving proper financial compensation. If you don’t notify the company quickly enough, they could deny your claim.

    What it all boils down to is that there’s no benefit to withholding car accident information from the police or your insurance company. Keeping an open line of communication will keep you in good graces and ultimately help ensure you get the help you need after an accident.

    Injured in an Auto Accident? Our Attorneys Will Help You Fight for Compensation!

    Whether you need to file a lawsuit against an at-fault driver or your insurance company isn’t paying what you’re owed, we can help. The trusted auto accident attorneys of The Fell Law Firm have the experience to stand by your side and help you fight for the money you deserve. To schedule your initial consultation, call us now at 972-450-1418 or send us a message online.