Dallas Insurance Claims Attorney | Personal Injury Lawyer Richardson

Category: Car Accident Attorney

  • Drowsy Driving in Texas: A Preventable Tragedy

    Recently, the driver of an 18-wheeler on I-20 in Texas allegedly fell asleep behind the wheel. This resulted in a crash that took the lives of five people.

    While most drowsy driving incidents don’t lead to such mass casualty events, they are all crashes that are easily prevented. For the victims of negligent car and truck drivers, the severity of drowsy driving is undeniable.

    A Common and Persistent Problem

    Most people acknowledge the dangers of driving drunk. Fewer are willing to face up to the danger involved in driving while fatigued.

    People who would never dream of driving drunk will turn up the radio, blast the air conditioner or even pinch themselves to try to stay awake while driving. Drowsy driving remains a problem because so many people don’t take the danger seriously.

    Issues Leading to Drowsy Driving

    While the causes of drowsy driving may seem obvious, there are several factors that can contribute to the problem, including:

    • Sleep deprivation: This is the most basic cause of drowsy driving. The 7-9 hours of sleep per night that most people need can easily be sacrificed to work schedules, insomnia, lifestyle choices and more.
    • Medications: There are some medications, including antihistamines and antidepressants, which are known to cause drowsiness. Even a well-rested driver can get drowsy under the influence of these medications.
    • Shift work: Working nights or on an irregular schedule can easily lead to drowsy driving. When a work schedule is not conducive to a normal sleep schedule, one of the likely side effects is fatigued driving.
    • Alcohol and drugs: Alcohol can cause you to miss out on a good night’s sleep. Similarly, many recreational drugs can result in sleep deprivation, impairing your ability to drive safely while under their influence and after.

    The Impact of Drowsiness on Safe Driving

    In the most extreme cases, a driver can fall asleep entirely while operating a vehicle. If the vehicle is traveling at highway speeds, the driver and anyone in front of the vehicle are at serious risk of injury or death. But a drowsy driver doesn’t have to fall asleep to endanger others.

    Fatigue can work on the body in much the same way alcohol does. Drowsy drivers show the same poor judgment and slow reaction times that drunk drivers do. A tired driver is also less likely to be attentive to the many obstacles we face when driving.

    Things like a sea of brake lights (suggesting a crash), road construction or just everyday congestion can escape the notice of a drowsy driver until it’s too late. Safe driving requires an astonishing number of good decisions made quickly. Fatigue makes those decisions much harder and increases the chances that something will be missed.

    Call a Skilled Dallas Personal Injury Attorney Today

    At The Fell Law Firm, our experienced car accident attorneys know how to help you recover compensation for your injuries. If you suspect that a drowsy driver was to blame for your crash, call us today at 972-450-1418 to schedule a consultation.

  • Failing To Signal: Liability in Car Accident Cases

    Turn signal use is one of those things that drivers know is important but sometimes ignore anyway. As in the case of distracted driving, it’s easy to talk about doing things correctly, but doing so is something different.

    Turn signals can prevent accidents. They can also protect your right to compensation if there is a crash where you are injured.

    Blinkers Are Important Safety Equipment

    There are several good reasons to use your turn signal. First, Texas law requires drivers to use their blinkers to signal turns and lane changes. It also requires signals when you’re entering the road after leaving a parking spot. Signaling is the law, regardless of whether there’s a pedestrian or another driver to see it.

    Second, people are good at forming bad habits and not so good at correcting them. If a driver gets into the habit of not using their turn signal regularly, they’ll likely forget to use it at some point when it matters. Bad driving habits can be deadly, so we should all avoid forming them in the first place. See the top safety tips for driving!

    Third, your failure to signal can lead to bad behavior by other drivers. Even if you’re in total control of your vehicle, others might not be. If drivers collectively get the sense that turn signals are unnecessary, more accidents will be the result. You should model the behavior you want other drivers to copy.

    Liability and Turn Signal Use

    Imagine you check your mirror and move into the lane next to you without signaling. What your mirror check didn’t catch is that another driver is coming up fast because he’s driving way over the speed limit. He’s also not paying attention. The collision that results will endanger your life. But, unfortunately, in the law, it’s also considered partially your fault.

    In personal injury cases, Texas law uses a form of liability based on proportionate responsibility. Even if an accident is mostly someone else’s fault, the amount you can recover will be reduced by how much you are considered at fault.

    Failure to signal your lane change will take some of the responsibility off of the speeding, inattentive driver who hit you and transfer it to you. If you failed to signal and are considered more than 50% responsible for a collision, you would not be able to collect any personal injury compensation.

    Car Accidents Are No Laughing Matter

    Mention that a driver appears to be low on blinker fluid and you’ll probably draw a chuckle. The failure to signal can seem like a very small matter—until it causes a deadly crash. At that point, it becomes crystal clear why signaling is required.

    If you or a loved one has been involved in a car accident, you need an experienced Texas personal injury attorney on your side. Call The Fell Law Firm at 972-450-1418 or contact us online to schedule a consultation.

  • Mistakes That Can Derail Your Texas Car Accident Claim

    We like to think that seeking compensation after a car accident is pretty straightforward. Insurance companies simply look at the facts surrounding the accident, right?

    Wrong. The things you do even days or weeks after the crash can help or harm your case. Sometimes even facts from months later can affect what compensation you receive.

    Following the right course of action and getting the help of a Texas auto accident lawyer can give you a much better result. Here are our tips.

    5 Mistakes to Avoid After an Accident

    If you’ve been injured in an accident, we want you to be able to receive the maximum compensation possible. To do that, try to avoid these common mistakes.

    1. Failing to Call the Police

    Even if the accident seems minor, or if the other driver tries to convince you to keep insurance out of it, always call the police. A police report provides an official record of what happened and often includes key details that can help establish fault.

    Without it, it becomes your word against theirs, which is not a good position at the bargaining table or in court.

    2. Failing to Seek Medical Attention

    Some injuries don’t show symptoms right away or appear minor at first. Still, it’s important to see a doctor right away, just in case.

    If you seek treatment later, it makes it easier for the insurance company to argue that your injuries were caused by something else, rather than by the accident. See a doctor immediately and follow any recommendations they give you. This creates a clear medical record linking your injuries to the crash.

    3. Trusting the Insurance Company

    The insurance company is not on your side—even your own insurance company. The job of every insurance professional is to minimize payouts. A win for the insurance company is generally a loss for you.

    Insurance adjusters are trained to get you to say things that can weaken your claim so they can deny it. Consulting with a personal injury attorney before giving any statement can make a big difference in your case.

    4. Discussing the Case on Social Media

    A major event like a car accident may seem like a prime topic for social media. But if you’ve been in an accident, it’s best to avoid posting anything, even about unrelated topics.

    Insurance companies often monitor social media accounts. Even posts unrelated to the crash can be twisted to suggest you’re not actually hurt. When in doubt, stay silent online until your case is resolved.

    5. Not Hiring an Experienced Texas Car Accident Attorney

    Trying to handle your car accident claim on your own can be a costly mistake. Texas personal injury law is complex, and insurance companies have teams of lawyers working to protect their bottom line. Without legal representation, you may accept a lowball offer or miss an important deadline.

    A skilled attorney can take control and ensure you receive proper compensation for medical bills, lost wages and pain and suffering.

    Contact The Fell Law Firm Today to Get Started

    At The Fell Law Firm, our experienced attorneys can help you avoid common traps that can harm your case. After a car accident, call our team at 972-450-1418 or contact us online to find out how we can help.

  • 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.

  • 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.

  • Should I Seek Compensation for Minor Car Accident Injuries?

    Car accidents are known to cause serious injuries. However, they also result in minor bumps and bruises. Can you still seek compensation for minor car accident injuries? Absolutely.

    Pursuing Compensation Is Your Legal Right

    Pursuing compensation from the at-fault party for your injuries or losses after an accident is your legal right. It doesn’t matter how minor or severe the accident or your injuries. 

    After your accident, you will receive some form of medical attention which will cost you. You should be able to recoup those costs, especially since the accident wasn’t due to your negligence.

    Not All Injuries Show Up Immediately After a Crash

    Some injuries may seem minor at first but may become severe over time. Other injuries don’t show symptoms until days or weeks after your accident. For example, whiplash pain may not begin until a few days after your accident and can persist for weeks or months.

    Filing a claim for your injuries will help you cover the cost of the medical treatment you receive now and in the future. This includes everything from the emergency care you receive right after your accident to treatments such as extended physical therapy.

    What Damages Are You Able to Receive in Texas?

    To receive compensation for your injuries in Texas, you’ll need to file a claim with the at-fault party’s insurance. However, you may need to file a legal claim if you’re unable to receive the compensation you need from the insurer.

    In Texas, there are various types of damages you can receive, including compensation for your medical bills, lost wages from being unable to work, and repairing your vehicle.

    Other compensation is available, such as for pain and suffering. This includes damages for the physical pain you’ve endured as well as the emotional trauma of the accident.

    To determine what types of compensation you can pursue, we recommend reaching out to an experienced car accident attorney. They can guide you through each step of the filing process, whether you’re working with an insurance company or the court.

    Injured? Reach Out to the Fell Law Firm Today.

    If you’ve been injured in an accident in Texas, the attorneys at the Fell Law Firm are here to support you. We understand the nuances of seeking compensation and have the experience necessary to help you pursue what you deserve.

    To learn more about compensation or to schedule a consultation, give us a call at 972-450-1418  or send us a message.

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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.