Dallas Insurance Claims Attorney | Personal Injury Lawyer Richardson

Category: Car Accident Lawyer

  • 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.

  • Does the Color of Your Car Impact Safety?

    Some car buyers care more about color than others. Even if it’s not high on your list, chances are you have colors you prefer and colors you’d rather avoid. Typically, though, car safety is not a consideration—but perhaps it should be.

    Which Car Colors Are Most Popular?

    Six colors dominate the U.S. car market. These six colors, in order of popularity, made up 95 percent of the vehicles sold in 2023:

    • White
    • Gray
    • Black
    • Silver
    • Blue
    • Red

    No other color made up even two percent of the new car market. White is the single most popular color in half of U.S. states, including Texas. It’s particularly popular in warmer states in the southern half of the country.

    The Safest Color

    Several studies have attempted to determine the safest car color for avoiding crashes. The studies do not all agree, but two colors typically come out on top: yellow and white.

    It’s important to note that the gap between the safest and most dangerous colors is not that large. White cars were just 12 percent less likely to be involved in a car crash than the worst car color, black. Still, every percent can count when it comes to keeping your family safe.

    Why Do Certain Car Colors Have Less Accidents?

    When drivers see another vehicle early enough, they can perform evasive maneuvers to avoid a collision. The safest cars are visible and give other drivers time to react to them. Here’s reasoning for why these colors are safest.

    White Cars: Have you ever noticed a group of cars slowing down as they come up behind a white car? Since at least the 1950s, people have associated white vehicles with police. To avoid speeding tickets, many people slow down. And slower cars can mean fewer accidents.

    Yellow Cars: While taxis are a less common sight on roads these days, yellow was chosen for these vehicles for a reason: It draws attention. Cabs were supposed to be easy to spot by pedestrians, and they’re just as easy to spot for fellow motorists.

    Light-Colored Cars: Lighter cars are generally easier to see than darker vehicles. Black is the most dangerous color because it’s harder to see. That problem gets worse at night, in low light or on roads paved with blacktop.

    Safe Driving Beats Safe Colors

    How much importance should you place on the color of your vehicle? Probably not very much. Ultimately, accidents can be prevented by attentive and focused driving. You’ll be much better off driving a black car with your phone off and out of sight than a white car with your phone in your hand.

    Experienced Texas Personal Injury Attorneys

    No car color can prevent every car accident. If you’ve been in a collision, you may need the help of a skilled car accident lawyer to get proper compensation.

    At the Fell Law Firm, our team represents the victims of Texas motor vehicle accidents. Call us today at 972-450-1418 or submit our contact form to schedule a consultation.

  • 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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