Dallas Insurance Claims Attorney | Personal Injury Lawyer Richardson

Author: Anthony

  • What Are Compensatory Damages in a Car Accident Case in Texas?

    In legal cases involving injury or damages, compensatory damages provide monetary payment to compensate you for financial and personal losses. Damages cover harm suffered due to the actions of the other driver or negligent party.

    A Dallas car accident attorney can determine which damages you can claim. While they can’t guarantee the outcome, they’ll advocate on your behalf to get the best settlement possible. Below, we look at what compensatory damages you can claim in a car accident in Texas.

    8 Types of Compensatory Damages

    Understanding the different types of compensatory damages helps you navigate the legal process. It’ll also help you get the most out of your personal injury claim.

    1. Medical Expenses

    You may be entitled to reimbursement for past and future medical bills from injuries caused by the defendant. Medical expenses can include hospitalization, surgery, medication, rehabilitation and any other necessary medical treatments.

    2. Lost Wages or Earning Capacity

    When injuries prevent you from working, you suffer financial losses. You can seek reimbursement for income lost due to time taken off work for medical treatment, recovery or disability. Your accident attorney can work with your boss to determine the exact amount of pay you lost.

    3. Pain and Suffering

    Compensatory damages also account for the physical and emotional pain endured by the injured party. You can get compensation for the pain and suffering you experienced as a result of the injury. You may also be awarded compensation for the emotional or mental pain you suffered as a result of the defendant’s actions.

    4. Loss of Consortium

    Loss of consortium refers to the lack of companionship, support and intimacy resulting from the injury. In cases where the injury affects relationships and the ability to enjoy familial bonds, compensatory damages may be awarded.

    5. Loss of Enjoyment of Life

    When injuries impact daily activities or hobbies, your attorney may include damages for the loss of enjoyment of life. The claim acknowledges the diminished quality of life you experienced due to the defendant’s actions.

    6. Emotional Distress

    Accident-related damages can also include anxiety, severe depression or long-term mental problems. Emotional distress damages address the mental suffering you endured during recovery.

    7. Long-Term Damages

    Long-term or permanent damages may include future expenses and losses. You may be able to claim ongoing treatment, therapy and potential loss of income or earning capacity.

    8. Rehabilitation Costs

    Rehabilitation costs, including expenses for any kind of therapy, may be included in compensatory damages. These costs are necessary for your recovery and restoring your quality of life post-injury.

    Contact The Fell Law Firm for a Free Case Review

    If you were injured in a car accident 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, Texas.

  • The Importance of Preserving Evidence After a Car Accident

    When a car accident happens, it’s normal to feel a strong rush of adrenaline. This rush is a natural survival instinct, but it can also prevent you from thinking clearly. Car accident survivors often feel confused, overwhelmed and panicked. Not surprisingly, in the middle of everything, they forget the importance of preserving evidence.

    At Fell Law Firm, our experienced attorneys have handled a full range of car accident cases. This includes cases that hinged on evidence that seemed unimportant at first. Here’s what you should know about preserving the right evidence after a crash.

    The More Evidence Collected, the Clearer You Make Your Case

    In a car accident case, the evidence helps paint a picture of what happened and who was at fault. The more evidence you collect, the more complete that picture becomes. Relevant evidence may include:

    • Photographs: Pictures of the accident scene, damage to your vehicle and injuries (both at the hospital and throughout recovery) can be critical to the success of your case.
    • Statements: Witness statements can be a good source of information from a neutral third party.
    • Expert testimony: Serious car accident cases often rely on experts to testify about what may have happened or how an injury may affect your life.
    • Dashcam videos: These videos can be some of the most powerful evidence because they show what happened in real-time.
    • Police reports: Courts are often very deferential to these official accounts of the accident.
    • Medical records: Your medical records help paint a picture of just how seriously you were hurt.
    • Cell phone records: These records can help catch distracted drivers who were talking or texting behind the wheel.

    Get as Much Information as You Can at the Scene

    Your attorney can track down most of these types of evidence. However, it helps if you collect as much information as you can at the scene.

    If you can, get the names of witnesses who saw what happened. Record exactly where you were and what time of day the accident occurred. Take pictures of the road conditions, road signs, positions of vehicles and the damage to your car.

    If you record these things right away and share them with your lawyer, they can build a solid foundation of information for your legal team to work with during your case.

    Talk With an Attorney Right Away so They Can Preserve Evidence Before it’s Lost or Destroyed

    Once you retain an attorney, they’ll get to work right away. This is because it can become harder to collect evidence over time. For example, witnesses’ memories fade. Sometimes, a witness may move or change phones, and it may become impossible to contact them.

    Dashcam videos can be destroyed, and, in trucking accident cases, log books may be lost. Of course, it’s against the law for a party to intentionally destroy evidence. But the more time elapses, the more likely it’ll be that the evidence no longer exists.

    To get started on your car accident case, contact the attorneys at The Fell Law Firm in Richardson, Texas. Call us at 972-450-1418 or contact us online.

  • Navigating Liability in Multi-Vehicle Accidents

    After a car accident, getting your life back together can be challenging. Your road to recovery may involve dealing with insurance companies, medical bills, missed work and car repairs.

    Things only get more complicated when there is more than one vehicle involved. In a multi-vehicle accident, who is responsible for the damage done? Our experienced attorneys can explain how the law works in these complex car accident cases.

    In Multi-Vehicle Accidents, Evidence Is Key

    Determining who’s at fault can be complex in multi-vehicle crashes. It’s not as simple as assessing who hit whom. Factors like distracted driving, speeding, failure to yield and even vehicle mechanical problems all come into play.

    Evidence is crucial in sorting everything out. Your lawyer will work diligently to gather as much evidence as possible, including:

    • Witness statements
    • Dashcam videos
    • Police reports
    • Photographs of the scene
    • Medical records
    • Cell phone records

    In reviewing the evidence, your lawyer may discover that details that initially seemed minor might actually have had a significant impact on the crash. For example, a driver who failed to swerve may have actually been falling asleep at the wheel.

    Texas Is a Modified Comparative Negligence State

    Evidence will help demonstrate how much each driver was at fault in your multi-vehicle accident.

    Using a legal principle called “comparative negligence,” the court will assign a percentage of fault to each of the parties. For example, the driver who hit you may be found to be 60% at fault. Another driver involved could be 30% at fault, and you could be 10% at fault.

    These percentages are then used to determine the amount of compensation to be paid. If a plaintiff is found to be partially at fault for their own injuries, their damages will be reduced by the percentage they were found to be at fault.

    In Texas, you can sue for damages even if you’re partially at fault for the accident. However, you cannot recover any damages if you’re found to be more than 50% at fault. That is what makes our state a “modified comparative negligence” state.

    Multi-Car Personal Injury Cases Are Complex

    This determination is complex and is not something you should try to achieve on your own. So, what’s the best way to move forward after an injury in a multi-car accident? Talk with a lawyer as soon as possible.

    You have nothing to lose by scheduling a free and confidential consultation. You can then assess whether the law firm would be a good fit for you and your case.

    Don’t put off talking with the lawyers at our Richardson, Texas, law office. Call us at 972-450-1418 or contact us online.

  • Keeping Your Kids Safe: Proper Child Passenger Safety Measures

    John F. Kennedy famously said, “To have a child is to give fate a hostage.” Parents who want, above all else, to keep the most precious people in their lives safe feel this intensely. Kids’ safety is our top priority.

    Since driving is statistically one of the most dangerous things we do, how can we keep kids safe in vehicles? Here are some tips from our team of Texas personal injury attorneys.

    Follow Texas Car Seat Laws

    Texas law requires that, unless they are taller than 4 feet 9 inches, all children younger than eight years old must be buckled into a child safety seat whenever they ride in a car or truck. Older children who’ve outgrown a booster seat must be buckled in with a seat belt.

    Statistics show that, of children who were killed or seriously injured in car accidents, only about 40% were properly secured in the vehicle at the time of the accident. To properly secure your child, you’ll need to choose the right car seat. One size does not fit all.

    • Rear-facing seats: All babies and toddlers should ride in a rear-facing car seat until they’re two years old.
    • Forward-facing seats: Any child two or older who has outgrown a rear-facing seat should use a forward-facing car seat with a harness.
    • Booster seats: Any child who has outgrown a forward-facing seat should use a booster seat until they’re big enough for the seat belt to fit properly without it. This typically happens when they reach 4 feet 9 inches and are between eight and 12 years old.
    • Seatbelts: Any child who has outgrown a booster seat should wear a seatbelt.

    TxDOT offers free car seat checks. To learn more, visit savemewithaseat.org.

    Put Your Kid in the Back Seat

    According to the Texas Department of Transportation, all children younger than 13 are safest in the backseat. That’s because front-seat vehicle restraint systems are designed for adults—not kids.

    Seat belts are designed to restrain the two strongest areas of our skeleton, the rib cage and hips. In preteens and kids, the hip bones are not fully developed, which can cause the lap belt to ride up into the abdominal cavity during a crash.

    Get Legal Help If Your Child Has Been Injured in a Car Accident

    Car crashes are especially hard on children, and we understand how devastating it can feel to watch your kids in pain. If your child has been injured in a crash, get the help you need by talking with an experienced attorney.

    The Fell Law Firm is dedicated to representing people of all ages who have been injured in car accidents. To talk with the lawyers at The Fell Law Firm in Richardson, Texas, call us at 972-450-1418 or contact us online.

  • Car Seat Safety in Colder Weather

    Bulky winter coats are less common in Texas than in many other places. Still, the weather does get cold enough sometimes for us to need to bundle our kids up before getting in the car. But have you ever wondered if you should take that jacket off before you put your child in a car seat?

    The Car Seat Headache

    While some seats are better than others, it seems like keeping your child safe should be easier. If you’ve ever tried to quickly move a car seat from one vehicle to another, you know the instructions provided leave something to be desired.

    Installing a car seat is not the only difficult thing about them. Some of them can pinch, rub or otherwise cause your child pain. Many parents are reluctant to strap their children in as tightly as they should, and bulky coats make the problem worse.

    What the Experts Say

    Getting into a car accident with your child in the vehicle is a terrifying prospect. To minimize the risk, you need to make sure your child is properly secured in a car seat. The people at Consumer Reports offer several important tips when it comes to coats and car seats.

    First, it’s best to do this well in advance rather than right before a drive you’re impatient to start. You’ll need to check the fit of the car seat with the coat on and then without, for comparison’s sake. This will take a bit of time, so be prepared.

    Fasten your child into the harness with the coat on. Tighten it as you usually would. Then, unhook the harness without loosening it. Take your child out and remove the winter coat. Now, put your child back into the seat and fasten it to the exact same position as with the coat.

    You’ll know the coat is too bulky if you can pinch the strap together with your thumb and pointer finger. If you can pinch it together, it’s too loose. That means you must ditch the coat before strapping your little one in.

    Alternate Solutions

    Remember that you’ll need a solution that doesn’t require you to turn around in your seat while you’re driving. If you’re fiddling with the placement of a blanket on your child while driving, you aren’t doing yourself any favors from an accident prevention standpoint.

    Still, blankets are one way to go. You can tuck the blanket in over and around the harness so it doesn’t compromise safety. You can also buy a car seat cover specifically designed to solve this problem. Finally, if your child is older, you can just put the coat on them backward after strapping them in.

    Get Help From a Skilled Personal Injury Attorney in Dallas

    The Fell Law Firm is dedicated to helping people get compensation after a car, truck, or motorcycle accident. We represent people who’ve been seriously injured in these tragic accidents. If you’ve been injured in a crash, call us at 972-450-1418 or contact us online for a free consultation.

  • Federal Agency Takes an Unprecedented Step to Curb Speeding

    Have you ever wondered why car speedometers go as high as they do? While it’s downright funny to contemplate the family minivan ever getting up to 90 mph, no less 160, the truth is that most cars can go faster than any road in the country will allow.

    There has been a rise in deadly accidents over the past few years. The sad trends in car accident injuries and deaths have led the National Transportation Safety Board (NTSB) to take an action it has avoided until now. The NTSB is asking automakers in the US to add new technology to vehicles that will reduce speeding incidents.

    Speeding Is a Persistent Problem

    According to the National Safety Council, speeding was responsible for the deaths of 12,330 people in 2021. It played a role in 29% of the fatal crashes that year. And speeding has long been responsible for roughly one-third of car and truck accidents yearly.

    This has remained true despite nationwide changes to speed limits, varying enforcement efforts, and other attempts to address the issue. People like to drive over the speed limit, regardless of what that limit is.

    Assistance or Intrusion? How Far Is Too Far?

    Many Americans have a love/hate relationship with technology. We want technology to enhance our lives, not control them. While many people will agree that speeding is a serious problem, there’s likely to be pushback on any solution that takes too much power out of drivers’ hands (and feet).

    Avoiding an accident can involve slamming on the brakes. It can also involve speeding up briefly to avoid a collision. When a semi-truck starts coming into the lane you’re currently occupying, it may be safer to speed up rather than slow down to keep from getting hit.

    This is the kind of decision that an experienced human driver can make better than a computer. When trying to avoid an accident, people see speed limits and lane markers as suggestions. Computers may see them as unbreakable rules.

    Passive vs. Active Solutions

    The NTSB discusses two types of intelligent speed assistance (ISA) technology. Passive ISA technology alerts the driver with a light, sound or vibration that the vehicle is exceeding the speed limit. Active ISA technology can either make it physically more difficult to speed (imagine a resistant gas pedal) or impossible to speed by mechanically limiting how fast the car can go.

    Both systems rely on other technology, including GPS trackers, speed limit databases, and cameras on the vehicle, to determine how fast a vehicle should be going.

    A Dallas Car Accident Lawyer Can Help

    Speeding and other forms of negligent driving cause injuries. The Fell Law Firm has extensive experience helping the victims of car accidents. Call our Dallas offices at 972-450-1418 or contact us online to schedule a consultation about your accident.

  • Are Younger Drivers Safer Than Ever?

    It makes intuitive sense that the least experienced drivers are the most prone to mistakes. The more time you spend behind the wheel, the better you are able to handle the responsibility of safe driving.

    Recent statistics indicate that younger drivers are still the most accident prone group, but they may be doing better than they did in the past. Improvements in young driver safety could go a long way toward making the roadways safer for everyone.

    Young Driver Safety by the Numbers

    A report from the Governors Highway Safety Association (GHSA) shows that crash and fatality rates for young drivers are down significantly over the past 20 years. Drivers under the age of 21 have a per-driver fatal crash rate that is 34% lower than it was in 2002. The fatal crash rate for drivers over 21 dropped only 12% in the same time period.

    Understanding why safety has improved for the younger cohort could help identify strategies to expand those gains.

    The GHSA suggested a number of possible causes for the improved performance of young drivers, including:

    • Graduated Driver License (GDL) programs
    • Expanded access to driver training resources
    • Improved safety technology, particularly driver-assist features
    • More engagement from parents/guardians, particularly in association with graduated driver license requirements
    • Peer-to-peer driver programs for young drivers

    Accounting for Fewer Drivers

    Normalizing the data into fatal crashes per 10,000 licensed drivers helped account for the fact that young people are driving less than they once did. GDL programs account for some of this difference, as they restrict teen drivers to daytime driving and limit the number of teen passengers allowed in the vehicle.

    It’s also the case that a 20-year-old first-time driver may have significant advantages over a 16-year-old first-time driver. The fact that fewer teens are pursuing driving privileges at 16 than they did 20 years ago will also have some effect on driver safety numbers.

    While it certainly matters why fewer teens are dying in car accidents, there’s no doubt that it’s cause for celebration. Motor vehicle accidents are the leading cause of death for people aged 5 to 29, according to the Centers for Disease Control and Prevention. It’s a grim reality that if drivers were more attentive and better trained, tens of thousands of lives would be saved every year in the U.S. alone.

    Contact Our Experienced Dallas Car Accident Attorneys Today

    After a car or truck accident, you need to move quickly to protect your rights. If you’ve been involved in a crash, a skilled personal injury lawyer can help you seek the compensation you deserve. At The Fell Law Firm, we combine small firm values with big firm fight. Call 972-450-1418 or contact us online to discuss your legal needs today.

  • Will Right Turns on Red Be Outlawed?

    Bicycle and pedestrian deaths caused by motor vehicles have risen substantially over the past decade. The sharp rise in these accidents has sent safety experts scrambling for ways to reduce these tragedies. Of the suggested solutions, few have created as much controversy as the recommendation to ban the practice of turning right on a red light.

    An Intermittent Right

    Turning right on red is not a universal practice. Most cities have intersections where signs prevent these turns. Some cities have banned these turns entirely, and others are considering restricting them.

    It’s worth considering that the safety of turning right on red is harmed by this piecemeal approach. Banning all right turns on red would remove the burden of making this safety assessment on a case-by-case basis.

    The Questionable History of Right Turns on Red

    Right turns on red is largely a North American phenomenon. In South America, Europe, Asia, and Australia, this type of turn (or left on red in countries that drive on the left) are assumed to be illegal unless a sign or light specifically allows them.

    These turns were made legal throughout the U.S. as part of a 1970s push to save fuel by reducing the number of cars that were stuck idling unnecessarily. New York City and most of Massachusetts continued to prohibit turning right on a red light through the widespread use of signs declaring it illegal. In other states, the practice was not approved because it was found to be safe, it was made legal in a failed attempt to save gas.

    A Change for Change’s Sake?

    Opponents of these bans argue that they will be ineffective. The people calling for a ban are not citing a study or any evidence that a significant portion of bicycle and pedestrian deaths are caused by right turns on red. Without relevant data, a ban could add inconvenience without any corresponding improvement in safety.

    The desire to do something about these tragic deaths is understandable, but instituting a misguided policy is not the answer.

    Ignoring the Real Problem?

    The Governors Highway Safety Association issued a report on 2022 pedestrian deaths. This report indicated that rising pedestrian accidents in general were the result of larger vehicles with larger blind spots. Trucks and SUVs are far more common than they once were. The average vehicle is also much heavier than it was in the past. This may naturally lead to a greater likelihood that a pedestrian struck will suffer serious, even fatal injuries.

    Call an Experienced Texas Personal Injury Attorney Today

    If you have been injured in a pedestrian or bicycle accident involving a motor vehicle, you should speak to a lawyer as soon as possible. At The Fell Law Firm, our experienced team can help you get the answers you need. Call 972-450-1418 or contact us online to schedule a consultation at our Dallas offices.