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  • Car Crash: Seeking Compensation for Your Injuries as a Passenger

    Car crashes are scary and overwhelming experiences. And the aftermath can be just as nerve-wracking, especially when you’ve been injured. If you were a passenger in a car accident and are now suffering from injuries, you may be wondering what to do next. 

    Here, we guide you through your rights and next steps so you can receive the compensation you deserve.

    Texas Is an At-Fault State

    First, we must lay some foundation. Texas is an at-fault state. This means that the at-fault party who caused the car crash is responsible for compensating you for your injuries and/or losses.

    However, Texas also follows modified comparative fault. This means that if you are found to be partially responsible for an accident, your damages will be reduced by that percentage of fault.

    For example, if you’re seeking $100,000 but are found to be 30% at fault, your damages will be decreased by $30,000.

    First Step: Seek Compensation From the At-Fault Party’s Insurance

    Your first step is to seek compensation from the at-fault party’s insurance. You can work with an attorney who will help you file a claim with the insurance company. If the at-fault party does not have insurance, you will need to file a claim with your own insurance company.

    It’s possible to also file a legal claim against the at-fault driver if they don’t have insurance to cover your losses. However, an attorney should be involved to determine if this is the right step for you.

    What Happens If You’re Related to the At-Fault Driver?

    Perhaps you were on a road trip with your family at the time of the accident or driving around town with a friend. In this case, you’ll need to examine your insurance policy and consider your relationship with the at-fault driver. 

    For example, if your policy includes a household exclusion and the driver that caused the crash was someone you live with, you may be unable to seek compensation. Be sure to review your insurance policy or reach out to an attorney who can dive into the details on your behalf.

    Reach Out to the Attorneys at the Fell Law Firm

    Have you been injured in an accident? If so, the attorneys at the Fell Law Firm are here to help you with your next steps. Reach out to our team by calling us at 972-450-1418  or send us a message to schedule a consultation.

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  • After the Car Accident: Common Mistakes That May Hurt Your Claim

    After an accident, your adrenaline will be running high. You may feel overwhelmed and struggle to think logically. All of this is completely valid after a traumatic event. However, there are some things you should try your best to avoid after a car accident, especially if you’ll need to file a claim for compensation.

    4 Common Mistakes to Avoid After a Car Accident

    1. Declining Medical Care

    Even if your accident was a small fender bender, it’s important to seek medical care immediately. Many injuries such as whiplash may not show symptoms until days or weeks after your accident.

    Other serious injuries that require immediate attention such as traumatic brain injuries (TBIs) may not show any symptoms at all.

    Not only does seeking medical care protect you from further injury, but it also helps build your case. Medical records are critical pieces of evidence you’ll need to seek compensation.

    2. Failing to Obtain a Police Report

    You should always call the police after an accident of any severity. This ensures a police report is on record for your accident. A police report is often used during cases to prove the accident occurred. Plus, the report may help prove who is at-fault.

    3. Taking the Blame for the Accident

    It’s often second nature to apologize after an accident, whether you were at-fault or not. However, whatever you do, don’t take the blame. When speaking to other drivers involved or the police, stick to the facts. Admitting fault in any way may negatively impact your case.

    4. Talking to the Insurance Company First

    After an accident, it’s tempting to reach out to insurance as soon as possible, especially as medical bills and car repair invoices start to arrive. However, we recommend reaching out to an attorney first.

    The insurance company may try to get you to accept a fast settlement. Unfortunately, this may not be enough to cover all of your damages. An attorney can communicate with insurance companies on your behalf and help you seek the compensation you need to move forward.

    Involved in a Car Crash? Reach Out to The Fell Law Firm Today.

    An attorney can help you navigate the aftermath of your accident and advise you further on what to do and what to avoid. At the Fell Law Firm, we have years of experience supporting car accident victims in Texas. Reach out to us today for a consultation by calling 972-450-1418  or send us a message.

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  • Who Pays for Car Damage After an Accident in Texas?

    Car accidents are infamous for causing serious vehicle damage. Even the seemingly small parking lot fender benders can result in the need for costly repairs. If you’ve been involved in a car accident, you might be wondering how you’ll cover the damage. Here, our attorneys share the facts about who’s responsible for the cost of property damage after an accident in Texas.

    Texas Is an At-Fault State

    Texas is an at-fault state. This means the at-fault driver’s insurance is responsible for paying for the damage to your vehicle. You do not have to file a claim with your own insurance company unless the driver is uninsured or underinsured. If this is the case, you can file a claim under your own uninsured motorist (UM) coverage.

    Texas Insurance Requirements

    As an at-fault state, Texas does require drivers to have minimum liability coverage. In Texas, this is known as 30/60/25 coverage. The limits include $30,000 for injuries per person up to $60,000 total and $25,000 for property damage. It’s recommended that Texas drivers purchase additional coverage in the event of a more serious crash or multi-car collision.

    What Do I Do If Insurance Isn’t Enough to Cover the Damage?

    In some cases, insurance won’t be enough to cover all of the damage to your vehicle, such as your vehicle being totaled. If the at-fault party’s insurance isn’t enough, you can file a legal claim for compensation.

    Modified Comparative Negligence

    In Texas, you won’t be able to recover from the other party if you are more than 50% at-fault for the accident. If you are less than 50% at-fault, your compensation will be reduced based on your percentage of fault.

    For example, if you are found to be 20% at-fault for the accident and need to recover $20,000 from the at-fault driver, your damages will be reduced by $4,000.

    The next best step is to reach out to an attorney who can help you make sense of complex Texas law. They can help you receive the compensation you need to make the necessary vehicle repairs.

    Car Accident? Reach Out to Our Team!

    Have you been involved in a car accident? If so, you don’t have to handle the aftermath alone. After all, determining fault can be complicated. Allow our team to meet you where you are and support you in receiving what you deserve. For a consultation, give us a call today at 972-450-1418  or send us a message.

  • Is Auto-Driver Technology the Answer?

    Let’s face it; humans can be terrible drivers. We make a host of mistakes behind the wheel. For example, we drive when we’re tired, when we’re angry, and while we focus on anything but the road in front of us. Unfortunately, for all our flaws, we are also the best and only option for operating a motor vehicle.

    For many, self-driving vehicles have been the hoped-for solution for years. We’ve been waiting on robot drivers almost as eagerly as on flying cars. Who wouldn’t rather set the destination and forget about the trouble of getting there?

    Eager for any Solution

    As nice as it would be to have auto-driving technology on board, it’s important not to take that step too soon. It’s one thing to identify a problem and another to find a better solution. Auto-driving technology needs to be carefully reviewed before we allow uninhibited access to the roads we all share. 

    The new top official at the National Highway Traffic Safety Administration has promised to take a long, hard look at the safety records amassed by early entrants into the field of automated vehicle technology.

    What Is the Sweet Spot for Self-Driving Tech?

    One difficult question is what kind of failure rate are we willing to tolerate from self-driving vehicles? Most people regard themselves as better than average drivers. That means many, if not most, drivers overestimate their own skills and/or underestimate the skills of others. 

    We would likely all be happy to replace the other drivers with automated technology. But are we willing to turn over our own control to it?

    There’s no such thing as a perfect machine. If we demand perfection, automated technology will never arrive. If we demand technology that matches our current abilities as human drivers, we will continue to tolerate high numbers of injuries and deaths without holding the tech companies accountable for not doing better. 

    The NHTSA may play a large role in determining how safe it is when it comes to auto-driver devices.

    Turn to Us With Your Auto Accident Questions

    At The Fell Law Firm, we have years of experience helping the victims of car and truck accidents. We know how to protect you from insurance companies and a court system that can be difficult to navigate. If you have been in an accident, or if you have lost a loved one in a fatal crash, send us a message or call 972-450-1418.

  • The High Rate of Fatal Car Accidents

    Deadly car accidents are an accepted fact of life in the US. Tens of thousands of people die every year in preventable car and truck crashes. The numbers go up or down yearly, with relatively little attention paid. 

    Whatever year you pick, however, you will find that the US death rate in motor vehicle accidents is higher than in other wealthy nations. In fact, the US rate is generally more than double the average among similar nations. 

    Many factors go into this, but one is that American drivers accept a high death rate as normal. We don’t insist on better accountability from drivers or more action from law enforcement. The high death rate is abnormal, but do Americans realize it?

    One Problem Among Many

    It probably shouldn’t be a surprise that we have a high rate of car and truck accident deaths. Our mortality rates are higher than in other countries. This is due to many reasons, including our complicated healthcare system and dangerous roads lacking upkeep across the country.

    However, the high rate of fatal car accidents should not be a source of debate. Virtually every American life relies on ground transportation in one way or another. If you don’t drive, there’s a good chance your food does before it arrives on your table. 

    Road safety impacts your life to some degree in almost every case. That’s why it should be prioritized.

    Driver Behavior, Traffic Laws, Road Design, and More

    The causes of individual accidents are many and varied. The vast majority of fatal accidents are caused by driver error. People driving too fast for the conditions is a common element. Aggressive driving behaviors like tailgating, weaving and illegal passing are also a problem. Inattentive driving is harder to pinpoint, but it may be the largest contributing factor. 

    We tolerate and engage in unsafe driving practices regularly. Perhaps we ignore the problem because we all know that we’ve broken the rules at one time or another. Still, the overall cost of all the individual transgressions is more than we should tolerate. 

    Having twice as many vehicle deaths as other countries is not okay. You take a different view when you work with the people whose lives have been destroyed in these crashes.

    Call to Discuss Your Case Today

    The Fell Law Firm has extensive experience protecting the victims of serious car accidents. If you or a loved one has been in an accident, call us at 972-450-1418  to discuss what we can do for you.

  • How Do People Hurt in Uber or Lyft Accidents Receive Compensation?

    Rideshare services have changed the way many Dallas-Ft. Worth residents and visitors get around the city. Uber and Lyft are certainly convenient, but unfortunately, they are not accident-proof. These vehicles are sometimes involved in crashes that injure riders, leaving them in need of compensation for their injuries.

    If you are injured as a rideshare user, a pedestrian, or a driver or passenger in another vehicle, you may be able to recover compensation, just like in any other auto accident. But the process of obtaining that compensation comes with some unique complications.

    Insurance as a Source of Compensation for the Injured Person

    Like other types of auto accidents, insurance is the first place to look for compensation in Uber/Lyft crashes. Texas law requires rideshare drivers to carry insurance on the vehicle they use to provide rides. In fact, the law requires rideshare drivers to carry more than just the minimum coverage.

    If the severity of your injuries is such that the driver’s policy cannot fully compensate you, then you can pursue further compensation through the insurance coverage provided by Uber and Lyft. Here is the basic way these coverages work:

    • Period 0: This is when the rideshare driver’s app is off, and he/she is using their car for personal purposes. Neither Uber or Lyft provides coverage during Period 0, so only the driver’s own insurance covers accidents during this period.
    • Period 1: This is when the driver is logged in and waiting for someone to request a ride. When accidents occur in Period 1, Uber and Lyft both provide $50,000 of bodily injury coverage per person up to a maximum of $100,000 per incident. They also cover up to $25,000 in property damage per accident.
    • Period 2: This is when the rideshare driver has accepted a trip request and is on the way to the pick-up location. Uber and Lyft both provide up to $1 million in bodily injury coverage and uninsured/underinsured motorist (UM/UIM) coverage.
    • Period 3: This is when you are riding in the Uber/Lyft vehicle. Crashes during Period 3 are covered by the same $1 million policy as Period 2.

    If your injuries are so severe that even Uber/Lyft’s policy cannot fully compensate you, then you may be able to file a personal injury lawsuit to recover additional damages. Generally, you must file your lawsuit within two years from the date of the crash.

    Contact a Texas Rideshare Accident Lawyer 

    Rideshare accidents involve multiple insurance policies and insurance companies, meaning things can get complicated quickly. Be sure to seek the advice of an experienced Dallas injury attorney who can unravel the complexities and get you the compensation you deserve.

    The Fell Law Firm has extensive experience helping clients who were hurt in rideshare accidents. We are ready to help you. Get started by calling 972-450-1418  or send us a message to arrange a free initial consultation with Mr. Fell.

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  • 2021 Was the Second-Deadliest Year Ever on Texas Roads

    Last year produced the second-highest number of fatal vehicle crashes Texas roadways have ever seen, according to data released by the Texas Department of Transportation.

    TxDOT’s tracking showed a total of 4,480 people killed on Texas roads in 2021. Only 1981 was deadlier, with 4,701 fatalities recorded that year. The agency has been keeping track of crash deaths since 1940.

    The increase in fatalities in Texas last year is consistent with nationwide trends, which show an uptick in road deaths. Nationwide, an estimated 20,160 people died in motor vehicle crashes in the first half of 2021, up 18.4% over 2020. In Texas specifically, 2021’s fatalities were up 15% from the previous year.

    Driver Behavior Is a Major Cause of—and Major Solution to—This Problem

    As Dallas car accident and wrongful death lawyers, we have represented numerous grieving families who lost a loved one because of someone else’s negligent or reckless driving. 

    Many of these fatal accidents could have been avoided if the other driver had simply paid more attention behind the wheel. We urge all drivers to do the little things to keep themselves and others safe:

    • Don’t speed: TxDOT says 1,522 of last year’s deaths were caused by speeding. Excess speed is the leading cause of all auto accidents.
    • Buckle up: A whopping 1,219 people were killed because they were not wearing their seatbelt. Make sure you buckle up every time, even on short trips.
    • Don’t text: It takes about five seconds to read a text. At 55 miles an hour, your car will travel more than the length of a football field while your eyes are off the road.
    • Use hands-free calling: Ideally, none of us would take phone calls from the road, but if you must, you should only do so hands-free to reduce the level of distraction.
    • Never drink and drive: Wherever you are in the Dallas area, an Uber or Lyft is never far away. There’s simply no reason to drive yourself anywhere if you’ve been drinking.

    Who Can File a Wrongful Death Claim After a Fatal Auto Accident?

    Texas law specifies who can file a wrongful death lawsuit. The list includes the decedent’s surviving spouse, the children, and parents. Surviving siblings, unfortunately, are not able to file a claim. 

    The lawsuit must be filed within two years from the date of the death. There are some rare exceptions to this rule, but it is best to assume that your suit will need to be filed within the two-year window.

    If successful, your wrongful death case can allow you to recover damages for mental anguish, lost earning capacity, loss of care and support, loss of companionship, and other types of losses. 

    Get Advice From a Dallas Auto Accident Attorney

    The lawyers of The Fell Law Firm have decades of experience handling serious car, truck, and motorcycle accident cases, including fatal wrecks. We will fight for the maximum compensation available to you. 

    To get started, please call 972-450-1418 or send us a message. Our Dallas-based team represents clients throughout East Texas. Your initial consultation with our team is free. 

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  • Negotiating Commercial Leases: Rental Rates, Renewals and Termination Clauses

    Once you’ve identified your preferred business location(s), gain a good understanding of market lease rates in those areas. You can fast-track your research by talking to a realtor or leasing agent who specializes in commercial or retail spaces. They will have the latest information on lease rates, cost per square foot, vacancy rates, as well as available inventory,

    Once you’ve chosen a few viable locations, consider how well your business will fit with the area and with existing tenants of the building. It can make a difference in how successful your business will be and that can have an impact on the amount you should be willing to pay for your lease.

    • Talk to area businesses. Is the neighborhood growing or in decline? If it’s in decline, lease rates may be more negotiable.
    • Does your business rely on foot traffic? What are other tenants observing about visitor traffic?
    • Maybe your business doesn’t generate foot traffic. You may be able to negotiate lower common area payments if other tenants use the common areas more.
    • Will you need parking spots for employees? For clients or customers? Will there be enough parking spaces for your business needs?

    Commercial Lease Competitor Clause

    Are there any competitor businesses in your building? If not, you can ask for a competitor clause in your lease. Your landlord would then need to get your consent before they could rent space in the building to a competitor.

    Leasehold Improvement Clause

    Businesses often need to renovate their space to suit their needs. Before you sign the lease, consider any improvements you may need. You may be able to add an improvement clause that requires your landlord to reimburse you for the cost of leaseholder improvements if your landlord breaks the lease or does not allow you to renew.

    Commercial Lease Renewal Clause

    A commercial lease could be month-to-month but more often it is 3-5-10 years. If you are unsure about your short-term needs (which might be the case if you have a very new business), you may want to ask for a shorter-term lease. While a short-term lease can cost more per square foot, you aren’t on the hook for years of payments should your business fail or move early.

    Be sure there is a clause in your rental agreement that gives you the option to renew your lease at the end of your lease contract. You could even negotiate a series of lease renewal options, say, a two-year lease with the option of renewing for two more two-year terms.

    Commercial Lease Termination Clause

    Instead of a short-term lease, you might consider negotiating for the right to early termination of the lease agreement. In retail leases, this right to early termination is called a “kickout.” Identify the terms under which an early termination clause might be triggered, such as failing to meet a gross sales target. Another option is for the tenant to be allowed early termination on a set date (for example, 3 years into a 5-year lease).

    Landlords usually ask the tenant to pay a fee to exercise an early termination option. Some leases require the tenant to pay all or a portion of the remaining rent. These are points of negotiation.

    You may also be asked to reimburse the landlord for the cost of preparing the space the space you’ve vacated for the new tenants’ use before they move in. If the landlord wants these costs, it should be spelled out in the contract.

    What else should be noted in the termination clause? The circumstances under with your lease could be terminated by the landlord. How you will be notified of problems. Can your landlord terminate your business lease in one location and offer to relocate you to another location?

    You Don’t Have to Sign a Standard Commercial Lease Agreement

    Commercial leases are complex and mistakes can be made. It’s critical to involve a commercial lawyer in your lease negotiations, or at the very least in a legal review of your lease.

    The Fell Law Firm represents retail, commercial and industrial ventures in the Dallas-Richardson-Plano area. Mr. Fell can assist with rental contract negotiations or can provide legal review of a proposed rental contract. Call 972-450-1418 or complete our online contact form to schedule a consultation.

  • Get a Legal Review of Commercial Lease Agreements

    Whether you are negotiating your first business lease, or your business is moving up in the world and you need to find a new place, remember that you don’t have to sign a standard lease. You always have the option to negotiate a commercial or retail lease.

    Don’t risk getting stuck in a lease with terms that are disadvantageous to your business. Know what you need in a space, know what you want in a contract, and get an attorney’s legal review of your prospective commercial or retail business lease agreement before you sign.

    In this article we will talk about two aspects of a business lease that the recent pandemic has brought to the forefront: the need for expansion and contraction of space and the importance of maintenance and cleaning services. 

    Expansion and Contraction Clauses

    You’ve probably identified Identify your company’s current and anticipated need for space. How sure are you of this estimate? Might you need to expand, or contract, during the period of the lease?  Although commercial landlords are not fond of expansion or contraction clauses in leases, sometimes they can be negotiated.

    Let’s say you think you may need to expand. You can ask for the right of first refusal to lease an adjoining unit, or additional space in the same building, but not next door. 

    A contraction clause could allow the tenant to give unused space back to the landlord (in rentable condition) with enough notice to find a new tenant. Other contraction clause options include the right to sublease or the right to assign the lease to a third party given certain conditions. Subleasing or transfer of the lease could allow your business to move without paying a lease termination penalty.

    Under a sublease arrangement, the primary tenant becomes the landlord and is responsible for ensuring that the subtenant meets the original lease obligations. If the subtenant breaches any of the terms of the original lease, the primary tenant (your business) would be held responsible, so this is a riskier option.

    Under an assignment arrangement, the new tenant assumes the lease and enters into a contract with the landlord, not you, the primary tenant. You’ve done the work to find a tenant and that’s a benefit to your landlord. While commercial landlords are hesitant to negotiate such agreements the pandemic may have created more wiggle room for negotiations.

    The Contract Should Specify Cleaning and Maintenance

    The pandemic has demonstrated the importance of the landlord maintaining their property. TA lease should be clear about the level of cleaning the tenant can expect in common areas, cleaning protocols, and the cost of cleaning.

    For safety reasons, a prospective renter may also want information about the building’s HVAC air filtration, COVID-screening protocol, and any accommodations for social distancing.

    In a fast-changing health situation, commercial and retain landlords and tenants are partners who need to work together.

    Ask for a Legal Review of your Commercial Lease Contract

    The Fell Law Firm represents retail, commercial and industrial ventures in the Dallas-Richardson-Plano area. Mr. Fell can assist with rental contract negotiations or can provide legal review of a proposed lease agreement. Call 972-450-1418 or complete our online contact form to schedule a consultation.

  • Texas Tied for #1 in Worst Drivers: Careless Driving and Speeding a Problem

    For the past 10 years, the website Car Insurance Comparison has analyzed vehicle accident data from the National Highway Traffic Safety Association CrashStats and Fatality Analysis Reporting System. They use that data to come up with their Worst Driver ranking each year. 

    2022 is not looking good for Texas. We’re tied for #1 (with New Mexico) for worst drivers. Texas was particularly bad for careless driving and speeding. In our state, 30.7% of fatal car accidents involved speeding. That adds up to a lot of heartaches for families of loved ones lost to a car or truck crash. 

    Texas also had the highest percentage of fatal vehicle crashes involving a driver with an invalid driver’s license (19.1%), and the highest number of alcohol-related fatal crashes (79.56%).

    Texas didn’t always rate this bad but it’s been climbing in the “worst driver” ratings for the past several years. 

    The pandemic increased accident and fatality rates nationwide. In 2020, fatal car accidents increased 7% across Texas. And according to an article in The Mercury, police in Richardson said the increase in fatalities continued in 2021, as well as a 20% increase in injuries in vehicle crashes. 

    Waterview was the site of many car accidents in Richardson. In Plano, some of the worst intersections for car accidents are Custer Road and W Parker Road, and Dallas Parkway and West Parker Road. In fact, in 2019 there were more than 100 car accidents along Dallas Parkway. 

    But that wasn’t the most dangerous road in Plano. That same year saw almost 130 car and truck crashes along Colt Road. 

    If you’ve been injured by a careless driver, a drunk driver, or a speeding driver, talk to a personal injury attorney as soon as you can after the accident. A family member can also make the call if the injured person cannot do so themselves. 

    Proving fault in a car accident or truck accident may require some investigation. Yes, the police do some investigation at the site of the accident when they arrive, but so will a personal injury law firm. Sometimes we seek the help of an accident investigator or an accident reconstructionist if that’s what it takes to prove who caused the accident and why the injured person should get compensated.

    The Fell Law Firm represents injured people and the family of those who have died in a car or truck crash in the Dallas-Richardson-Plano area. Mr. Fell can review your situation and can advise you on the next steps to take to ensure you get full and fair compensation. Call 972-450-1418 or complete our online contact form to schedule a consultation.