Dallas Insurance Claims Attorney | Personal Injury Lawyer Richardson

Category: Car Accidents

  • How Weather Conditions Impact Liability in Texas Car Accidents

    Texas is known for its unpredictable and sometimes extreme weather. Our state is large enough to have several climate zones, so drivers have to be ready to handle almost anything. When an accident occurs during inclement weather, does this affect who is responsible for the accident?

    Yes, weather can affect liability in Texas car accidents. Here, we’ll cover a few ways the law takes weather into account.

    Understanding Liability in Texas

    Liability for injuries or other damage caused by a car accident comes down to who is at fault for the crash. In Texas, the rule to determine who is at fault is called “modified comparative fault.”

    That means two things for drivers: First, if you are more than 50% at fault for a crash, you can’t collect damages. Second, let’s say you’re less than 50% at fault and can collect damages. In that case, however much fault is assigned to you, your recovery is reduced by that percentage.

    How Does Weather Fit In?

    First, you should note that bad weather will not, by itself, absolve a driver from liability. All drivers are required to operate their vehicles in a safe manner under all conditions.

    What Is Safe Driving?

    Safe driving means something different in a thunderstorm than it does on a clear day. Whether you’re dealing with ice, fog, rain, hail or high winds, you’re expected to drive safely.

    People often assume that going the speed limit or below means they’re driving safely. But, in certain conditions, that could still be too fast for safe driving. Similarly, driving with no headlights on is fine at noon on a sunny day. But it could mean a driver is found negligent if heavy clouds and precipitation are in play.

    How Is Fault Determined?

    If you’re operating your vehicle appropriately, and another driver is not, the fault could lie entirely with the other driver. However, you may also be at fault, depending on the weather and the actions you took.

    If you were in a car crash, no matter the weather, you should reach out to an attorney. Your attorney can look at the facts of your accident and let you know whether you may have a personal injury case. To prove the other driver was at fault, your attorney would consider what was safe for the conditions at the time of the accident.

    Shared Liability

    Bad weather can increase the likelihood that drivers will share the blame for a crash. If the weather is so extreme that any kind of driving is unsafe, every driver on the road could be guilty of negligence. Something like black ice can trip up driver after driver, leading to multi-car accidents where everyone has fallen into the same slippery trap.

    Shared liability can complicate a car accident case, making the determination of fault and proper compensation more difficult. Weather can be a complicating factor. These issues require the assistance of a personal injury lawyer who understands Texas law.

    The Fell Law Firm Can Help You

    Whatever the cause of your accident, having an experienced attorney on your side is vital. At The Fell Law Firm, our Texas personal injury attorneys know how to help you maximize your recovery. Contact us online or call 972-450-1418 to schedule a consultation.

  • The Benefits of Settling a Car Accident Case out of Court

    The aftermath of a car accident can be overwhelming. The toll a crash takes on your health, your mental well-being and your pocketbook is considerable.

    To make matters worse, it’s during this time of high stress that you’re faced with several decisions you’re likely unprepared to make. One of those is whether or not to accept a settlement offer for your case or pursue the matter in court.

    Before making any decisions about your personal injury case, take the time to speak to an experienced Dallas attorney.

    4 Upsides to Settling out of Court

    While it’s vital to understand that your situation is unique, there are a number of benefits to settling that bear considering. These include:

    1. Speedy Resolution

    Litigation has a well-earned reputation for moving slowly. From the time your lawsuit is first filed to when it’s fully resolved, it can take months or, in certain circumstances, years.

    Accepting a settlement brings an end to the matter much more quickly. Even if the settlement requires extensive negotiation, the process is likely to wrap up long before litigation would be done. And there’s something to be said for getting some compensation and putting the accident behind you.

    2. Cutting Costs

    Litigation is slow, and it can also be expensive. While your attorney may work on a contingency-fee basis, other expenses are tied to how the case is handled. Court fees, expert witness fees, discovery and related expenses can pile up in no time. Settling out of court may help you avoid or reduce these costs.

    The best result is the one that leaves you in the best position. If you can settle out of court and end up with more money in your pocket because you avoided unnecessary costs, that’s the better option.

    3. Avoiding Stress

    Having the right lawyer on your side can go a long way toward making litigation less stressful. Still, even perfect preparation and confidence won’t make you an experienced litigator.

    Courtrooms are stressful places. The process can be intimidating and unpleasant. Negotiating a settlement may not be fun, but it can be less burdensome than litigation.

    4. A Controlled Outcome

    No attorney can guarantee you’ll get the outcome you want in litigation. The judge or jury holds the power to decide your fate, and that means there’s some measure of uncertainty until the case is decided.

    Settling out of court gives the parties the chance to control how the case is resolved. This measure of control also tends to leave both parties feeling better about the outcome.

    Contact Our Experienced Personal Injury Team Today

    Our veteran personal injury attorneys can help you make the right choice when it comes to how your case is resolved. The Fell Law Firm handles a wide range of personal injury cases, including car accidents, truck accidents, motorcycle crashes, wrongful death and more. Call us today at 972-450-1418 to schedule a consultation.

  • 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.

  • Can AI Make Texas Roadways Safer?

    Texas is turning to artificial intelligence (AI) in an attempt to make our entire transportation system safer and more efficient. The Artificial Intelligence Strategic Plan is a sprawling, multi-faceted initiative to harness the power of AI. The Texas Department of Transportation (TxDOT) believes it can use AI responsibly to accomplish its goals.

    Top Priorities for TxDOT in Using AI

    Designing the optimal transportation infrastructure for a large and growing state like Texas is no simple task. Collecting and organizing traffic and accident data is a Herculean effort. Properly analyzing that data to reach the best possible solutions may require more than even a very committed group of people can accomplish.

    TxDOT intends to use AI to analyze all the collected roadway data, including things like pavement metrics and signage to utility projects and safety hazards. As a result, it can help with data-driven decision-making.

    In addition, AI can be used to improve the process of inspecting bridges and predicting when maintenance or repair will be necessary to maintain safety. AI can inform and improve TxDOT efforts to boost safety and improve the flow of traffic. Overall, it can streamline TxDOT efforts to maintain and improve roadways in countless ways.

    The idea is not to turn control over the transportation system to artificial intelligence. Human oversight and accountability must be maintained. It’s a powerful tool, but it cannot replace human judgment.

    Training and Coordination

    Using AI effectively is not an intuitive skill. To maximize the benefits of using AI, TxDOT has included training for its personnel. In addition to the training initiative, TxDOT created the AI and Automation Community of Practice. This group exists to help staff members get answers to their questions and share the ways AI is working for them.

    The three-year plan includes a host of ideas about what AI can do to improve the experience of Texas drivers, cyclists and pedestrians. Perhaps just as importantly, it also includes efforts to save money and help TxDOT carry out its responsibilities more efficiently.

    Proactive and Reactive

    Planning and infrastructure are major pieces of what AI can do. AI can also help in situations where things have already gone wrong. It can help with things like wrong-way driver alerts, weather-related warnings and road closure recommendations. Hardly any function performed by TxDOT couldn’t be improved by artificial intelligence.

    A Texas Personal Injury Attorney Can Protect Your Rights

    Eliminating or reducing car accidents is a worthy goal. These accidents result in the tragic loss of life every day. Those injured can have their lives changed in countless ways. Physical pain, loss of function, inability to work, medical bills and more can turn a life upside down.

    At The Fell Law Firm, our skilled team works to protect accident victims. If you’ve been injured in a Texas car accident, call us now at 972-450-1418 or contact us online to schedule a consultation.

  • Do You Have To Slow Down For Emergency and TxDOT Vehicles?

    Car accidents are often the result of unusual or unexpected situations. Depending on your driving habits, you may go a long time without seeing any emergency vehicles, tow trucks or Texas Department of Transportation (TxDOT) vehicles. Knowing how to handle these situations can help you avoid a deadly mistake.

    How To Deal With Those Flashing Lights

    Texas Transportation Code 545.157 governs these types of interactions. First, let’s explain the kinds of vehicles that you could see along the road:

    • Emergency vehicles, including police cars, ambulances and fire trucks
    • Tow trucks
    • TxDOT vehicles
    • Any highway maintenance or construction vehicle
    • Service or utility vehicles

    The purpose of the law is to address the dangers faced by roadside workers. Ideally, this will reduce injuries (or worse) to first responders, maintenance workers or TxDOT personnel, particularly in a state with high rates of distracted driving.

    When you see one of these vehicles, you have two options:

    • You should move over to create an empty lane between you and that vehicle.
    • If there isn’t a lane you can move into, you can slow down to 20 miles per hour under the posted speed limit. (Or, if the posted limit is 25 mph or less, just slow down to 5 mph under the limit.)

    The Texas Department of Transportation is currently running a traffic safety campaign on this topic. The name says it all: Move Over or Slow Down.

    Penalties and Liability

    While the law has been in place for decades, it was changed fairly recently to increase the penalties for violations. A first offense can lead to a fine of $1,250. If a violation leads to a serious injury, the driver responsible may end up in jail in addition to paying thousands of dollars in fines.

    When these vehicles have their lights flashing or lamps on, they’re working and need other drivers to proceed with caution. Anyone who fails to obey the law will be liable for any accident that results.

    Be Alert, Stay Safe

    In general, it’s a good idea to assume that vehicles such as police cars, ambulances and tow trucks could turn their emergency lights on at any time. Even if their lights are off now, be ready to move out of the way and slow down at a moment’s notice. Avoid speeding or tailgating such vehicles. If you can, give them a wide berth.

    Making smart choices behind the wheel gets easier with practice. Over time, it can become a reflex action to slow down and move over for vehicles on the side of the road. Even if the car is just someone pulled over with a flat tire, they would appreciate more room to address the problem.

    Reach Out to an Experienced Texas Car Accident Attorney

    If you or a loved one have been injured in a car accident, you need experienced legal guidance. At The Fell Law Firm, our skilled lawyers will help you get the money you deserve. Call us today at 972-450-1418 or contact us online to schedule a consultation.

  • Are EVs or Gas Vehicles Safer?

    The market for electric vehicles (EVs) continues to grow despite some setbacks. But should drivers expect our roads to be safer or more dangerous based on the increase in EVs?

    Things could certainly change as new companies enter the market. But right now, when looking at car accidents, EVs have a slightly better safety record than their gas competitors.

    What Does the Accident Data Say?

    Statistics gathered by the Insurance Institute for Highway Safety (IIHS) show that EV drivers file fewer claims for injuries suffered in car accidents. And the data was not comparing all EVs to all gas cars. Instead, the data reflects injury claims from EV drivers compared to those from drivers of the non-EV version of those same vehicles.

    The difference in rate of injury was stark. Electric vehicles were tied to 40 percent fewer injury claims than their gas counterparts.

    Plus, pickup trucks generally don’t receive top safety grades from the IIHS. The only exception from 2024 was the Rivian R1T. This shows that even EV trucks can be safer.

    There are many reasons for drivers to prefer either an electric or gas vehicle; however, if safety is your only concern, it appears that an EV is the way to go.

    What Makes Electric Vehicles Safer?

    There are several reasons why EVs might be safer than gas cars. First of all, gasoline releases huge amounts of energy when it burns. That’s why it’s able to power your vehicle. Unfortunately, when an accident releases that gasoline, the consequences can be disastrous.

    Secondly, EVs often have a lower center of gravity than gas cars. That’s because batteries are very heavy and are placed at the bottom of the vehicle. Most gas cars have their engines in the front of the vehicle, leading to a less stable configuration.

    For similar reasons, the build of an EV may help prevent injuries. The lack of an engine in the front allows EVs to be built with better crash resistance. The batteries themselves may also help shield drivers from harm.

    When Are EVs Less Safe Than Gas Counterparts?

    Early versions of EVs gained notoriety for bursting into flames that were much harder to put out than those related to gas car accidents. While still possible, that type of accident is still far less common than others, leading to superior accident numbers for EVs.

    Electric cars have posed added dangers to pedestrians due to their more stealthy nature. Gas engines make more noise. That noise can warn pedestrians and cyclists of an approaching car or truck. EVs don’t naturally make that noise. That’s why some safety efforts involve making EVs noisier to help avoid pedestrian accidents.

    Legal Help After a Car Accident

    Motor vehicle accident cases are difficult. If you’ve been involved in an accident, you need to speak to an attorney as soon as possible. At The Fell Law Firm, our skilled personal injury lawyers help people who have been involved in Texas crashes. Call us today at 972-450-1418 to discuss your situation.

  • Fatal Car Accidents in the U.S. Continue To Fall

    Recent data shows that a good trend in auto safety continued in 2024. Estimates from the first three quarters of 2024 show that the number of deaths from auto accidents was down from 2023. If these estimates are correct, that will mean auto fatalities have dropped for 10 consecutive quarters.

    The Trend in Fatal Car Crashes

    The National Safety Council estimates that 2023 saw more than 44,000 people killed in car and truck accidents. In Texas that year, there wasn’t a single day without a traffic fatality. Luckily, in the U.S., the National Highway Traffic Safety Administration (NHTSA) noted that 2024 was on pace to see a 4.4 percent decrease in crash fatalities.

    Fewer traffic deaths is something to celebrate. That said, it is important to recognize that 40,000 deaths is still a tragedy for the countless family members and friends left behind. Losing someone in a car accident is incredibly painful. A positive trend does nothing to relieve the burden on the people who are suffering.

    Across-the-Board Reductions in Car Accident Deaths

    States and safety agencies around the country work hard to improve road safety. Preventing accidents has the potential to save lives and money. To that end, efforts have been made to address some of the most common causes of car accidents.

    Speeding, distracted driving and drunk driving have all been the subject of safety campaigns. It’s possible these campaigns have been effective. Fatalities tied to these types of accidents have decreased. Of course, it’s possible there is another explanation.

    The NHTSA has made a number of changes since 2021 aimed at improving safety equipment required on new vehicles. The growing number of vehicles with these features may be contributing to a decrease in all types of fatal crashes.

    Regardless of the cause, what matters most is that fewer accidents claimed the lives of Americans last year than the years before.

    Responding to a Wrongful Death Accident

    Fatal car and truck accidents are not easy to address. For the loved ones left behind, the emotional, financial and legal difficulties that follow such a tragedy are hard to handle. It’s important to know that insurance companies are not there to support you or help you through this tragic time.

    How you respond to the loss of a loved one can make a huge difference in your circumstances moving forward. Having the appropriate resources to support you and your family while dealing with your loss is vital.

    Contact an Experienced Personal Injury Attorney Now

    Having a skilled car accident lawyer on your side is important to protecting your rights. At the Fell Law Firm, our Texas attorneys have handled countless serious accident cases, including those involving fatal car accidents. To schedule a consultation, contact us online or call 972-450-1418.

  • 10 Safe Driving Tips From the NHTSA

    The beginning of the year feels like a fresh start. We use the start of a new year to focus on things we’d like to do better in the future. Most New Year’s resolutions involve self-improvement—things like creating better habits and showing more grace to others. Here at The Fell Law Firm, we believe that safer driving is a worthy goal for 2025.

    National Highway Traffic Safety Administration Efforts Continue

    The National Highway Traffic Safety Administration (NHTSA) is a government agency operating under the Department of Transportation. Its goal is to reduce car and truck accidents and make American roadways safer for everyone. As part of that effort, the NHTSA works to encourage drivers to make safer choices behind the wheel.

    10 NHTSA Safety Tips for 2025

    The tips for 2025 are not revolutionary. In fact, they’re many of the same tips auto safety experts have been pushing for years.

    The NHTSA wants the driving public to focus on the following actions to reduce injuries and deaths going forward:

    1. Wear your seatbelt.
    2. Make sure your kids are in the right car seat.
    3. Avoid impaired driving.
    4. Avoid distractions when driving.
    5. Obey the speed limit.
    6. Don’t drive when you’re sleepy.
    7. Watch out for pedestrians, bicyclists and motorcycles.
    8. Properly respond to flashing safety lights.
    9. Help teen drivers master safety skills.
    10. Monitor vehicle recalls.

    Some of these tips can be implemented fairly easily. Others would require a more substantial commitment. But remember, while you’ll never be a perfect driver, any improvement on these 10 safety items can help prevent crashes.

    Car accidents can be tragic. Every accident prevented is hugely beneficial for the drivers and families affected.

    Drowsy, Drunk and Distracted Driving

    Three of the tips are tied to behaviors that are nearly universally condemned. Drivers can all agree that they wouldn’t want to be surrounded by drowsy, drunk or distracted drivers. The formula is simple: If you wouldn’t want the driver next to you doing it, you shouldn’t do it either.

    Drunk drivers face harsher penalties and more public condemnation than ever before. Rideshare services have further eroded the excuses that some people used to find acceptable for this dangerous activity. From a safety perspective, if you’re planning on drinking, you should not plan on driving.

    Drowsy and distracted driving are harder to combat. Most people assume they’ll be alert while driving. Rideshare services and public transportation can help when that’s not the case. If you do drive, plan to be off the road at times when you normally are asleep, and move your cell phone out of reach.

    Safe Driving in 2025 Can Be a Lifesaver

    At The Fell Law Firm, our attorneys have seen the impact of serious car accidents up close. Avoiding an accident is vital. If you’ve been injured by another driver, you need experienced legal guidance to protect your rights. Call our Dallas lawyers at 972-450-1418 to schedule an initial consultation.