Dallas Insurance Claims Attorney | Personal Injury Lawyer Richardson

Category: Car Accidents

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

    The law on car accidents and car insurance is complicated. It’s common to hear many terms tossed about when you’re purchasing insurance. And, if you’ve been involved in an accident, friends in other places may try to give you their best advice. However, the law on car accidents is state specific. Texas is not a no-fault state for car accidents. Here’s what that means.

    No-Fault vs. At-Fault

    When it comes to the law on car accidents and insurance coverage, some states are “no-fault states” and some states are “at-fault states.”

    • No-fault states: In no-fault states, drivers are required to carry insurance that insures themselves in a crash, at least up to a set financial limit. This type of insurance is also called Personal Injury Protection (PIP). If the crash occurs, the driver’s own insurance covers the damage, no matter who caused it. 
    • At-fault states: Also called “tort states,” at-fault states require the insurer for the driver who caused the accident to cover the damages. In at-fault states, the law allows personal injury victims to hold drivers accountable for the harm they caused.

    Only 12 states have no-fault insurance laws. Like the majority of states, Texas is an at-fault state for car accident insurance coverage.

    How Our At-Fault Insurance Laws Work in Texas 

    Texas law requires drivers to carry certain minimum limits of insurance coverage on their vehicles. The coverage goes to pay for damage to property or injuries the driver may accidentally cause in an accident. 

    When one driver clearly caused the accident, things remain straightforward. However, most accidents involve some degree of fault by more than one driver. For example, one driver may have caused the crash, but the other may have contributed to it by speeding.

    When both drivers are partly at fault, Texas law accounts for the scenario by applying partial fault liability (also called comparative fault liability). In these cases, the court determines the percentage each driver was at fault, and then apportions the damages accordingly. 

    Hold Negligent Drivers Accountable for the Harm They Cause

    In an at-fault state, the law reflects a strong belief in holding people accountable for their actions. If you need help forcing a negligent driver to take responsibility for the harm they caused you, contact our Texas law firm for a confidential consultation. We have the experience necessary to get you the compensation you deserve under Texas law. Just call us at 972-450-1418.

  • What Does a Car Accident Do to Your Body?

    Car accidents can cause serious injuries, ranging from minor cuts and bruises to life-changing paralysis, brain injury and wrongful death. Even car accidents that seem relatively minor can have serious implications. That’s because it’s not just your body that’s affected by the accident. Your brain is affected, too, commonly releasing adrenaline into your system.

    Adrenaline, a powerful hormone released by your adrenal gland, helps prepare your body to respond in stressful or dangerous situations. The release of adrenaline can give you the energy it takes to get through the situation, but it often masks the pain caused by car accident injuries. Only when the adrenaline wears off and things calm down, do many car accidents survivors notice the true extent of their injuries.

    Most Common Car Accident Injuries

    Each car accident is different, but some car accident injuries are more common than others. Whiplash and minor cuts and bruises are actually the most common injuries, making up as much as half of all car accident injuries.

    The kidneys and liver are the organs that are most commonly injured in car accidents. Injuries to the kidneys, liver or other organs can cause internal bleeding that, in turn, can lead to very serious complications.

    According to recent car crash statistics, traumatic brain injury (TBI), spinal cord injury, other back injuries, burns and fractures are some of the most common serious injuries that car accident survivors sustain.

    How Long After a Car Accident Is it Typical for Your Body to Hurt?

    The length of time that you’ll hurt after a car accident depends on the type of injuries you sustained. More serious injuries can require a longer time to heal. However, even minor injuries can take time. It’s common to feel sore from relatively minor car accident injuries for as long as six weeks after the accident. That’s why it’s important to be patient with yourself, follow your doctor’s advice and attend all your follow-up appointments. It’s essential that you fully participate in the ongoing care necessary to help you feel your best after the accident.

    If You Have Been Hurt, Get Medical Care and Talk With a Lawyer

    Because car crash injuries can be very serious, it’s important to see a doctor after an accident—even if you feel fine. Getting medical care is the way to protect your health and give yourself peace of mind after an accident. And if you need help taking legal action after a car accident, reach out and talk with a personal injury lawyer at The Fell Law Firm. Just call us at 972-450-1418 for a free consultation.

  • The Physical and Mental Damage Caused by Car Accidents

    Millions of people in Texas drive automobiles each day. It’s a privilege many take for granted, and it’s easy to fall into the trap of assuming that everything will always go smoothly on the road. As a result, drivers can get too confident or careless behind the wheel, leading to accidents. In fact, 239,539 persons were injured in motor vehicle traffic crashes in 2021.

    People are warned about car accidents routinely, but nothing can truly prepare them for the experience when it happens. This is especially true of the physical pain and mental harm that many people suffer after a traffic incident.

    What Physical and Mental Harm Do Car Accident Victims Suffer?

    Car accidents can lead to pain and misery on multiple levels depending upon the severity of the situation. While there are many types of afflictions possible, some common types that people experience include:

    • Dull headaches, aches and pains: These often come with minor fender benders. While people often feel compelled to “walk it off,” these types of injuries can still qualify for a lawsuit.
    • Whiplash after a rear-end collision: While most people recover after a few weeks, there are others who have suffered from chronic pain for months or even years after a rear-end collision. If the pain is severe and limits your range of motion, it could indicate that you’re in for a longer and more complicated recovery period.
    • Major physical impairment: This includes broken bones, paralysis, disfigurement and loss of limbs. According to the Texas Department of Transportation, there were over 15,000 serious injury crashes in 2021 with over 19,000 people sustaining a serious injury.
    • Death: Unfortunately, there are far too many people killed in Texas car accidents and it doesn’t seem to be slowing down. The 2021 death toll was 4,489, which was an increase of 15.22% compared to 2020.

    These types of injuries can require physical therapy and surgery and may entail a long road to recovery. But beyond bodily harm, people can suffer a different type of trauma from car accidents—mental anguish.

    Victims of car accidents can experience post-traumatic stress disorder (PTSD), depression and varying degrees of anxiety. Mental trauma may be an invisible ailment to outsiders. This is especially true if the victims try to keep it to themselves and suffer silently. But these conditions can be debilitating and life-altering, and the victims deserve to receive financial help to cope with the pain and try to find a path forward.

    Injured in a Car Accident? Get a Free Consultation With The Fell Law Firm

    Physical and mental injuries can ruin people’s lives. If you’ve been harmed in a car accident, you may qualify for financial compensation. Call 972-450-1418 or contact us online today to schedule your free consultation with the experienced attorneys of The Fell Law Firm.

  • 3 Potential Types of Financial and Property Loss After a Car Accident

    Generally, people do their best to drive safely and respect others on the road. But some people drive recklessly. They can forget the sheer size and speed of their automobiles, experience road rage or ignore traffic laws, which inevitably leads to accidents.

    When people think of car accidents, the first thing that comes to mind is the physical repercussions. How badly did the person get injured? Did anyone die? Questions like these tend to come up right away, but there’s another type of damage to consider after an auto accident—loss of finances and property.

    Types of Financial and Property Loss People Experience After a Car Accident

    Finances can take a major hit after a car accident. Property loss can be drastic and have a huge impact on the victim’s daily life. If you or a loved one have been in an accident, here are three possible types of financial and property hardships that could qualify you for financial compensation:

    1. Medical Expenses

    Most people would expect initial payments for immediate care, but what about in the future? It’s impossible to know how much medical attention will be required, perhaps even long after the accident. These could include basic follow-up appointments, larger surgeries, physical therapy and more.

    2. Lost Wages and Decreases in Earning Capacity

    Some people have a decent sum of money saved up in case a situation arises where they’ll miss work for an extended period. Sadly, plenty of others don’t have the same safety net.

    For those who work in manual labor, the service industry and a multitude of other fields, getting an injury can prohibit them from earning a living. Paid time off and disability only last for certain durations and severe injuries can outlast these benefits—assuming the person is lucky enough to have these benefits in the first place.

    3. Property Damage and Loss

    Accidents will generally put cars out of commission for varying lengths of time depending on the amount of damage. If the crash was a major wreck and the car is totaled, the financial loss can be devastating.

    Losing access to a personal vehicle can lead to increased expenses due to renting vehicles or dependency on Ubers, Lyfts and public transportation. When these payments are added to a potentially decreased ability to work, a person can rapidly fall further into debt.

    Get a Free Consultation With The Fell Law Firm

    If you’ve been in a car accident, you may be qualified to receive compensation for financial loss. The experienced attorneys of The Fell Law Firm can help you by fighting to get the money you need. Call 972-450-1418 or contact us online today to schedule your free consultation.

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

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

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

    Texas Is an At-Fault State

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

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

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

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

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

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

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

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

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

    Reach Out to the Attorneys at the Fell Law Firm

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

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

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

    4 Common Mistakes to Avoid After a Car Accident

    1. Declining Medical Care

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

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

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

    2. Failing to Obtain a Police Report

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

    3. Taking the Blame for the Accident

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

    4. Talking to the Insurance Company First

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

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

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

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

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

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

    Texas Is an At-Fault State

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

    Texas Insurance Requirements

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

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

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

    Modified Comparative Negligence

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

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

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

    Car Accident? Reach Out to Our Team!

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

  • Is Auto-Driver Technology the Answer?

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

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

    Eager for any Solution

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

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

    What Is the Sweet Spot for Self-Driving Tech?

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

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

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

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

    Turn to Us With Your Auto Accident Questions

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

  • The High Rate of Fatal Car Accidents

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

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

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

    One Problem Among Many

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

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

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

    Driver Behavior, Traffic Laws, Road Design, and More

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

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

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

    Call to Discuss Your Case Today

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

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

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

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

    Insurance as a Source of Compensation for the Injured Person

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

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

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

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

    Contact a Texas Rideshare Accident Lawyer 

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

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

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