Dallas Insurance Claims Attorney | Personal Injury Lawyer Richardson

Category: Car Accidents

  • Auto Recalls Can Still Keep Dangerous Cars on the Road

    Many automobile recalls are for issues that don’t threaten driver safety. Some, however, are for issues that have the potential to cause serious harm or severe car accidents. Unfortunately, recalls are not always effective in getting dangerous vehicles the repairs they need to be safe.

    How Effective Are Recalls?

    In 2023, the National Highway Traffic Safety Administration (NHTSA) oversaw almost 900 auto recalls for various safety concerns. The NHTSA regularly monitors the effectiveness of these recalls. It has tried many strategies to improve the percentage of people who actually get the repairs done (known as “recall completion rates”).

    A recent study identified the scope of the problem. It found that the annual recall completion rate is regularly under 65%. Recalls are generally less effective the older a vehicle is. As a result, millions of vehicles with known safety problems continue to be operated because recalls do not have their intended purpose.

    Failure at Many Points

    If a vehicle is recalled, new car dealers are required to have the repairs completed before they can sell the car. This is one of the only situations where a recall is guaranteed to lead to repairs.

    Used car dealers are allowed to sell vehicles that have been recalled without doing the repair. If you bring your car into a repair shop, there’s no requirement that they check for recalls.

    When you register your car with the Department of Motor Vehicles, they’re not required to check whether the car could be dangerous. And, most importantly, vehicle manufacturers are not responsible for making sure recalled vehicles get the necessary repairs.

    Ways to Address a Vehicle Recall

    So how do you find out about recalls? The NHTSA has a website where you can check for recalls by license plate number or VIN.

    Of course, many owners wouldn’t know how to address a recall even if they found out about it. Where do you take the car? Do you have to pay for the repairs? How long does it take to get the repairs done? Confusion over how to handle a recall may discourage many owners from taking action.

    Authorized dealers for manufacturers do have to repair recalled vehicles. The repairs are done for free if the vehicle is less than 15 years old. This may have been enough at one point, but the average age of cars on the road is older than ever. Plus, people who can’t afford repairs usually handle them on their own, so they wouldn’t go to the dealer.

    Contact an Attorney After an Accident

    Defective vehicles are a serious problem in the United States. They can cause tragic accidents for their owners as well as other drivers. If you’ve been injured in a crash, you need a skilled lawyer. Call The Fell Law Firm at 972-450-1418 to speak to someone from our Dallas offices.

  • Head and Brain Injuries in Car Accidents

    Traumatic brain injuries, or TBIs, are among the most devastating injuries you can receive. They also commonly can result from car accidents and are often complex and life-altering.

    The impact of a brain injury can extend far beyond the initial medical treatment that often follows. It can affect every aspect of a victim’s life, from cognitive function to emotional well-being.

    What Causes Brain Injuries in Car Accidents?

    Violent forces are at play during a car crash. Even in seemingly minor accidents, the impact of a car on another car or a person’s body can do tremendous damage. The sudden jolt of a crash can cause the brain to collide with the skull, resulting in a concussion or severe TBI.

    Common situations indicating a TBI include:

    • Whiplash: The rapid back-and-forth motion of the neck can lead to concussions and other brain injuries.
    • Airbag Deployment: While airbags save lives, they can also contribute to brain injuries if the force is too strong. They can also cause a passenger’s head to strike a window or other object in the vehicle.
    • Penetrating Injuries: In high-speed collisions, debris from vehicles can penetrate the skull, causing significant trauma to the brain.

    Types of Brain Injuries

    Brain injuries vary in severity and type. They can be classified into two main categories:

    1. Closed Brain Injuries: These occur without any break in the skull. Common examples include concussions and contusions, which can lead to headaches, dizziness and memory issues.
    2. Penetrating Brain Injuries: These involve a break in the skull and are usually more severe, often requiring immediate medical intervention. Symptoms can range from loss of consciousness to long-term cognitive impairment.

    The Long-Term Impact

    Brain injuries and their repercussions can last a lifetime. Victims may face challenges in returning to work, maintaining relationships or even performing daily tasks. Cognitive deficits can hinder a person’s ability to think clearly, solve problems or manage emotions, leading to frustration or even depression.

    For many clients, the financial burden can be overwhelming. Lost wages, medical bills and rehabilitation costs can add up quickly. If the victim requires long-term care or therapy, that can increase costs exponentially. This is where a personal injury claim can provide crucial support.

    Seeking Legal Help

    If you or a loved one has suffered a TBI due to a car accident, consult with a personal injury attorney. It’s essential to find someone experienced in handling these complex cases in Texas. These lawsuits can be challenging, especially when dealing with insurance companies who have a financial interest in downplaying your injuries.

    An experienced lawyer can help gather medical evidence, establish liability and advocate for fair compensation. This may include coverage for:

    • Medical expenses
    • Rehabilitation costs
    • Lost income
    • Pain and suffering

    Contact Our Dallas Brain Injury Attorneys Today

    The Fell Law Firm has the experience and skill to protect car accident victims. Call our Dallas offices at 972-450-1418 or contact us online. We can schedule a free initial consultation and begin planning how to get you the compensation you deserve.

  • Choosing Safety Technology Worth the Investment

    In the search for safer vehicles, cost and quality are two impeding factors. Technology could make car accident deaths virtually nonexistent, but that technology would make cars wildly expensive or extremely limited. Obviously, a car that costs a million dollars and has a top speed of 35 miles per hour isn’t likely to be a big seller.

    Safety technology is always subject to a cost-benefit analysis. This will determine what real drivers would choose to protect themselves and their loved ones. The best answers will be both affordable and effective.

    Using Safety Options

    Right off the bat, it’s important to recognize that a safety feature won’t be effective if it isn’t used. The perfect example of this is the seat belt. In 2022, around half of Americans killed in car and truck accidents were not wearing seat belts. Thousands of deaths can be prevented if everyone buckles up.

    Some safety features require active participation. Others are effective whether the driver or passengers want them to be or not. If you’re looking at safety features for your next vehicle, consider whether you will actually use the feature and whether it has the option to be turned off.

    Choosing Safety Options

    There are many things to consider when buying a new or used vehicle. For most people, cost and reliability are the key factors. Some may consider the look of a particular car to be important. But there is good reason to consider safety technology and safety ratings when making your choice.

    The Insurance Institute for Highway Safety (IIHS) provides ratings and analysis about safety options that may be helpful. The data is often presented in a way that helps you compare similar vehicle models.

    For example, one recent analysis reviewed small SUVs equipped with rear auto brake technology. Studies like this can help you choose the safety features and vehicles that fit you best.

    Newer Cars Are Generally Safer

    If you haven’t shopped for a vehicle in a few years, you may be in for a shock. New car prices have risen sharply over the past decade. On the plus side, there has been a noticeable improvement in vehicle safety to go along with the sticker shock.

    Much of the improvement is tied to upgraded safety features like electronic stability control (ESC) and backup cameras. ESC was made mandatory in 2012, so even less expensive models might be safer than older, more expensive ones. You can debate whether cars are getting better, but the numbers show they are getting safer.

    Call Our Dallas Personal Injury Attorneys Today

    Improving car safety is vital. Thousands of injuries and deaths occur on Texas roadways each year. If you’ve been injured or lost a loved one in a car or truck accident, you need legal help as soon as possible. Call The Fell Law Firm at 972-450-1418 to learn more about your options following a crash.

  • Alcohol Is Still Driving Car Accident Deaths

    Year after year, the data surrounding fatal car crashes points to alcohol as a major contributing factor. Public awareness campaigns and increased law enforcement have not been enough to stem the tide. Impaired driving may be the primary motivator for people to try driverless vehicles. Here’s what our attorneys want you to know.

    The Scope of Drunk Driving

    Because we represent car accident victims, we’ve gotten the sense that drunk driving is not unusual. The statistics bear that out. According to the National Highway Traffic Safety Administration, roughly one-third of car accident deaths nationwide involve one or more impaired drivers.

    Texas alone sees more than 2,000 alcohol-related traffic fatalities per year. That represents nearly half of the total number of car crash deaths in the state. When you hear about a deadly crash, it’s as likely as not that an impaired driver was involved.

    Public Pressure Works to a Point

    The battle against drinking and driving intensified during the 1980s. The Federal Uniform Drinking Age Act of 1984 pressured states into raising their legal drinking age to 21. Groups like Mothers Against Drunk Driving mobilized to educate the public and advocate for changes in impaired driving laws. The issue was front and center.

    That pressure had an impact. Drunk driving deaths dropped, both in terms of total numbers and in the percentage of deaths tied to one or more impaired drivers. That progress has largely stopped, however.

    Surveys show that most people know that drinking and driving is dangerous. Still, around 1 in 5 drivers surveyed admit to driving when they thought they were legally intoxicated. People know it’s bad. They do it anyway.

    Law Enforcement Efforts

    Around one million people are arrested for impaired driving each year in the United States. While that sounds like a large number, it represents only a fraction of the estimated number of drunk driving incidents. People who drive drunk typically get away with it.

    Stiffer penalties have made the consequences of drinking and driving worse when a person is caught. But that has not been enough to remove the problem. The death toll is still stubbornly high, spelling tragedy for countless families every year.

    Technological Solutions Are Far Off

    Self-driving cars could start to solve the problem, but that may be decades away. There are also systems that could detect an impaired driver and render a vehicle inoperable if the driver is drunk. Neither solution is likely to come in the near future.

    Eliminating drunk driving is certainly a worthy goal. Realistically, though, there will never be a time when drivers voluntarily refuse to drive drunk. People make bad decisions every day. Alcohol does not improve those decisions.

    Call Our Dallas Car Accident Attorneys for Help

    At The Fell Law Firm, our Texas lawyers have extensive experience with car and truck accidents involving impaired drivers. Call our Dallas offices at 972-450-1418 to schedule a free consultation.

  • Understanding Comparative Fault in Texas Car Accident Cases

    Understanding Comparative Fault in Texas Car Accident Cases

    Deciding who’s at fault in a car accident isn’t always easy. One car might hit another, but that might not tell us much about who caused the accident. What if the other driver ran a stoplight? What if they were speeding or driving while distracted?
    In cases like these, Texas operates under a “modified” comparative negligence rule. That means a personal injury victim can pursue damages even if they may be partially at fault for the car accident. Here’s how modified comparative fault works in Texas.

    How Does Texas Comparative Fault Law Work?

    Texas comparative fault law is based on the idea of “proportionate responsibility.” The law says that even if a personal injury victim is partially responsible for the accident but not primarily responsible for the accident, they can still recover compensation.
    The judgment in a car accident case will assign a percentage of fault to each driver based on how carelessly they acted. For example, if a driver failed to signal before changing lanes and then was hit by a speeding car, the court might decide that each driver was 50% at fault.
    The specific percentage of fault is important to the personal injury case. Damages are generally calculated by subtracting the at-fault percentage from the compensation total.

    What Makes Texas Comparative Fault Law “Modified”?

    Many states allow victims to recover compensation as long as they are not entirely responsible for the accident. However, Texas comparative fault is considered to be “modified” because there are additional court rules that can apply, in addition to just the basics of comparative fault. Most importantly, Texas applies a 51% rule.

    The 51% Rule and Fault in Car Accident Cases

    Texas law says that a person cannot recover compensation in a car accident case if they are more than 50% responsible for the accident. Even if they’re only 51% responsible, the law prevents them from receiving any damages in a personal injury case.
    Because of the 51% rule and modified comparative negligence in Texas, car accident cases often revolve around the parties accusing each other of being more at fault. Attorneys use evidence such as police reports, witness statements and expert testimony to prove that the other party was more at fault.

    Is Fault Complicated in Your Car Accident Case?

    If you were injured in a Texas car accident case, it’s important to get legal help—even if you were partially at fault. You still deserve compensation for your injuries, and our law firm can help fight for you. Contact the Fell Law Firm in Dallas at 972-450-1418.

  • What Risk Factors Lead to Serious Injuries?

    Car accidents that lead to no significant injuries are very common, and car accident injuries are much more common than car accident deaths. So what is it that causes some car accidents to be fatal while others cause no harm at all?

    It can be hard to pinpoint just where things go wrong in a crash. Most drivers are doing something they’ve done countless times before when an accident occurs. Even highly dangerous behaviors, like drunk driving, might end with no harm done dozens of times before tragedy strikes.

    Human Error Is (Almost) Always To Blame

    An accident that’s truly no one’s fault is extremely rare. An attentive and reasonably skilled driver in a properly maintained vehicle is not likely to cause a crash. Quite rightly, most efforts to reduce serious car accidents focus on getting people to conduct themselves correctly or implementing technology to save them when they don’t.

    The Most Common Problems

    Speeding

    Any list of issues that lead to motor vehicle accidents should start with speeding. Speed is a killer. According to the World Health Organization, increasing mean speed by 1 percent increases the risk of serious injury by 3 percent and the risk of death by 4 percent.

    Speeding is also a common behavior. Half of drivers surveyed admit to having gone 15 mph over the speed limit in the past month. As a result, it’s more surprising to find traffic going the speed limit than it is to find it speeding.

    Impaired Driving

    Aside from speeding, drunk driving and other forms of impaired driving are tied to many serious and fatal car wrecks. Alcohol consumption and safe driving do not go hand in hand. Despite some progress, drunk driving is still tied to more than 10,000 traffic deaths a year in the U.S.

    Distracted Driving

    Distracted driving is a more recent phenomenon that’s tied to many serious accidents. The rise of mobile phones is the obvious culprit. Drivers using cell phones are much more likely to get into an accident than drivers without phones. You can greatly improve your safety by keeping your phone out of sight and out of reach while driving.

    No Seat Belt Use

    Finally, it’s important to mention that seat belt use plays a big role in avoiding car accident fatalities. Seat belts don’t prevent accidents, but they greatly increase your odds of surviving one.

    An Experienced Dallas Personal Injury Attorney Can Help

    At The Fell Law Firm, we work hard to protect people who’ve been injured or who have lost loved ones in car and truck accidents. Call our Dallas offices at 972-450-1418 to schedule a consultation with a lawyer who cares.

  • Consumer Practices Lead to New Dangers on the Road

    Amazon quickly went from an online bookseller to one of the largest companies in the world. There’s very little that can’t be purchased online now. As people moved their shopping from local stores, to superstores, to the Internet, many things have had to change. One major change is the prevalence of delivery vehicles on our roadways.

    Prioritizing Safety in Vehicle Selection

    When you buy a car for yourself and your family, safety is likely one of your main priorities. It’s easy to focus on safety when it’s your own health and the health of your loved ones at stake. But when it’s the health of an employee or co-worker, should the calculus change?

    No company wants their workers to drive around in unsafe vehicles. Still, would it be that surprising for people to make different decisions about purchasing or maintaining a vehicle when they aren’t the ones driving it? Companies may prioritize factors like cost or ability to transport more items quickly, rather than focusing on safety.

    As more and more delivery vehicles take to the roads, everyone feels the cumulative impact of their safety.

    A Call for New Safety Features

    The Insurance Institute for Highway Safety (IIHS) recently conducted a study of crashes involving light vans used by many delivery services. The study concluded that the implementation of existing safety features could help drivers avoid or mitigate roughly 40 percent of these wrecks.

    The IIHS study pinpointed four safety features that would likely be effective in addressing these incidents. They are:

    • Front crash prevention
    • Lane departure prevention
    • Blind spot detection
    • Intelligent speed assistance

    These technologies would work together to help protect delivery drivers, other cars, pedestrians and bicyclists from the types of accidents that are becoming more common. In fact, the majority of injuries and deaths from accidents involving these light vans are suffered by someone other than the driver of the van.

    Front crash prevention is the most beneficial of these technologies when it comes to preventing injuries and auto accident deaths. This suggests that distracted driving may be a large contributor to accidents involving delivery vehicles.

    Large Vehicles Mean More Potential for Harm

    Semi-trucks require a commercial drivers license (CDL) to operate. The weight limit for a CDL is 26,000 pounds. Part of the problem with delivery vans and accidents may be that drivers don’t have to go through additional training to operate them.

    Many light delivery vans come in below 10,000 pounds. That means they’re large enough to do significant damage to an ordinary sedan, but not large enough to require a CDL.

    Call Us Today

    If you’ve been involved in a crash with a delivery van or other commercial vehicle, you need to speak to an experienced personal injury attorney as soon as possible. Call 972-450-1418 to schedule a consultation with us at The Fell Law Firm.

  • Ridesharing May Be a Mixed Bag When it Comes to Crashes

    It’s natural to assume that ridesharing services are a plus from a safety standpoint. After all, isn’t ridesharing supposed to help cut down on drunk driving?

    Unfortunately, few studies have shown lukewarm results on the effect of Uber, Lyft and other ridesharing services on safety. In fact, there is some reason to think they might even be making the roads less safe.

    The Danger Points for Rideshare Drivers and Passengers

    A recent study of ridesharing services in New York points out one very clear threat when it comes to these companies. Ridesharing is at its most dangerous when you’re being picked up or dropped off. There was no statistical sign that rideshare drivers are more dangerous en route.

    Another interesting finding was that taxi services did not show the same level of danger at pick-up and drop-off points. The harm was tied to the ridesharing services that have taken over in many parts of the country.

    This suggests that either the drivers themselves are the problem or something about the way they handle the beginning and end of their journeys is to blame.

    Distracted Driving and Ridesharing Services

    If you’ve ever used an Uber or Lyft, you might recall the slightly awkward feeling you have as you’re waiting to be picked up by a person you don’t know. You’re staring at your phone and trying to spot an anonymous car in a crowd. Whereas taxis tend to stand out, the cars used in ridesharing tend to blend in. That means you, as a would-be passenger, are in an uneasy position.

    The same type of problem is there for the rideshare driver. You hail a cab or meet in one space designated for that purpose. If you request a rideshare, your driver has to find you, potentially in a crowd and potentially in an unfamiliar spot.

    Your driver is basically forced to monitor a cell phone rather than attending to the needs of safe driving. Distracted driving is always hazardous. In the case of ridesharing services, it’s also a built-in part of the process.

    Unmet Potential or a Failed Application

    Ridesharing has room to grow. It’s possible that there are kinks in the system that will be ironed out over time. Ridesharing may, eventually, fulfill the promise of vastly reducing drunk driving while not leading to increased accidents of another variety.

    It could also be the case that ridesharing services are not the boon people hoped they would be. As more time passes, it may turn out that ridesharing is an unworkable or unwise model.

    Contact a Skilled Texas Personal Injury Lawyer Today

    If you need an attorney to help you with a ridesharing accident or other car crash, we can help. Call The Fell Law Firm today at 972-450-1418 or contact us online.

  • Is Bigger Better When it Comes to Auto Safety?

    Some people buy larger vehicles solely for the carrying capacity. If you have lots of kids, a compact car might be an awkward fit for your family. Some buy larger vehicles because they need to tow a boat or trailer. However, many people buy larger vehicles because of the safety advantages. In a collision, bigger seems better. But is that really true?

    Cars Are Growing Fast

    The tendency to associate size with safety is driving a national trend: Cars are getting bigger, in general. Some of that is the result of mandatory safety equipment. Side airbags, for instance, may require a vehicle to be a few inches larger than it otherwise would have been. Some of it is just consumer preference. Size makes people feel safe.

    SUVs and Pedestrians

    There is growing data that the move toward larger vehicles is particularly harmful to pedestrians. This could be due to the height of the hood, the driver’s feeling of invulnerability or simply the sightlines and angles posed by SUVs. They pose twice the danger to pedestrians as regular cars. Big cars mean big problems for anyone traveling on foot.

    Parents face a difficult decision when their children reach driving age. You know your child is more likely to survive a crash behind the wheel of a massive SUV. Then again, your child may be more likely to cause a crash, potentially taking the lives of others in that same SUV.

    There is no question that people in large vehicles fare better in crashes. There is also no question that teen drivers are disproportionately responsible for car accidents, particularly fatal car wrecks. So when parents pick big cars for their teen drivers, they maximize the damage done by the most dangerous drivers on the road.

    Pickup Trucks and Cars

    SUVs endanger pedestrians and pickups endanger cars. Safety changes have made SUVs less deadly when they collide with cars. But those changes haven’t affected the high rates of fatality for car drivers in collisions with trucks.

    Again, consumers don’t weigh the damage they will suffer in a crash against the harm they will cause in one. Famously, most people consider themselves above-average drivers. Statistically, that’s impossible. Half of us are below average, and it just might be the half driving the largest vehicles.

    Contact an Experienced Attorney After a Car Accident

    If you have suffered an injury in an auto accident, you need to speak to an attorney about your rights. At The Fell Law Firm, we help accident victims get the compensation they deserve. Our Texas personal injury lawyers will aggressively protect your rights. Contact us online or call us at 972-450-1418 to schedule a consultation.

  • Is Texas a No-Fault State in Car Accidents?

    While some states have no-fault laws for car accidents, Texas is not one of them. Texas is an at-fault state. However, the issue is not as simple as you may think. When a car accident occurs, the at-fault party may not accept responsibility, or their insurer may deny your claim.

    For this reason, you need a car accident attorney who can help you establish fault and get fair compensation. Below, we look at Texas’ at-fault laws and what you can expect if you get into a car accident.

    No-Fault vs. At-Fault: What’s the Difference

    If you’re a driver in Texas, it’s important to know the difference between no-fault and at-fault driving laws.

    No-Fault State

    In a no-fault state, you use your insurer to pay out for medical costs, regardless of the person causing the accident. Each driver’s insurance pays for their injuries, no matter who was at fault. The no-fault law streamlines your car accident claim and ensures quicker compensation for your injuries.

    At-Fault State

    In an at-fault state, the driver responsible for causing a car accident is assigned financial responsibility for the damages. The insurer of the person responsible for the crash handles the financial and personal losses of the other parties involved in the accident. The only caveat here is establishing who was at fault for the accident.

    Is Texas a No-Fault or At-Fault State?

    When it comes to car crash insurance claims, Texas is categorized as an at-fault state. Whoever is cited with causing the accident is responsible for covering the damages resulting from the accident.

    In Texas, who is at fault in a car accident is based on the principle of negligence. The Texas Transportation Code, Chapter 545, outlines traffic laws and regulations that help identify negligence in a collision. Section 545.051 states that drivers must operate their vehicles in a careful and alert manner, considering all driving conditions.

    When a car accident occurs in Texas, fault is typically determined based on the circumstances surrounding the collision. This includes factors such as:

    • Speeding
    • Failure to yield
    • Distracted driving
    • Traffic violations

    Insurance companies, law enforcement officers and sometimes the courts assess evidence and witness statements to determine fault.

    The Tort System

    Texas follows the traditional tort system for handling car accident claims. Under this system, you have the right to pursue compensation for damages. The car crash lawyer in charge of your case can file an accident claim against the at-fault driver’s insurance company.

    If the insurer denies your claim and you can’t reach a settlement, your attorney can file a lawsuit to win your case. Payouts may include hospital costs, damage to your vehicle, lost pay, or suffering and pain, as well as other damages.

    Contact The Fell Law Firm for a Free Case Review

    If you were injured in a car accident in Texas and want to know what your case is worth, contact The Fell Law Firm. Call 972-450-1418 to get a free case review from a car accident attorney in Dallas.