Have You Been Hurt in a Dallas Car Accident
If you have sustained severe injuries in a car accident and are in need of legal representation, contact a Dallas car accident lawyer today. At Joel A. Gordon & Associates, we have professional car accident lawyers who handle a wide range of car accident cases.
Insurance companies do not have your interest at heart, so they will try to get you to settle for meager compensation. If you wish to get the best possible settlement for your injuries, the experienced team at our law firm will go to great lengths to ensure that you are fairly compensated for your damages.
Finding the right attorneys to trust with your case is also important. Our Dallas car accident lawyers protect our client’s interests and we believe that everyone deserves justice if they’ve been hurt due to the actions of others. There are many ways in which a person can be injured on Dallas roadways. The leading cause of accidents is driver negligence, which can include drivers speeding, being distracted, failure to obey stop lights, and drunk driving, as well as other driver issues.
Dallas Accident Statistics
Dallas is one of the most populated cities in Texas. A large population means more people on the roadways and increased traffic. This has led to a high number of collisions. According to the Texas Department of Transportation, up to 173 car accidents occurred in Dallas in 2019. These collisions resulted in 185 deaths and at least 1,128 people suffered serious injuries in these collisions.
About 5,083 people suffered non-incapacitating injuries. 30% of the fatalities in 2019 were pedestrian-related. Pedestrians are most at risk by drivers who fail to yield to the right-of-way and by distracted drivers on their phones.
Whatever the reason for your accident, our Dallas car accident attorneys will fight for you to ensure you are fairly compensated by the responsible party. Call us today for a free consultation with our attorneys and have a clear picture of how to proceed with your case to ensure the best outcome.
Common Causes of Dallas Car Accidents
Accidents can occur due to various reasons. The most common factor is driver error. Drivers who fail to observe the traffic laws are at risk of injuring themselves and other innocent road users. Some of the common causes of traffic collisions in Dallas include the following:
1. Distracted driving
Road users get distracted by a lot of things including mobile phones. It is dangerous for a driver to text or search their phone while driving. A phone call can divert the driver’s attention from the roadway. Stiff penalties have been enforced against people found to have caused an auto accident due to being distracted.
2. Driving while drunk
Drinking alcohol or using drugs can impair a person’s judgment. When a driver gets behind the wheel while drunk, they often make wrong decisions which then causes auto accidents. Drunk driving is illegal and risky for both the perpetrators and other innocent motorists.
3. Aggressive driving
There is a high amount of traffic on Dallas roads at most times. This causes some drivers to drive aggressively because they are in a hurry. Aggressive behaviors like tailgating, weaving through traffic, and improper passing can lead to nasty collisions and injuries to others.
4. Failure to obey traffic laws
The Texas Traffic Code has extensive sets of rules that road users must learn and obey at all times. Such rules caution against activities such as speeding, running red lights, ignoring traffic signs, failing to yield, and other activities that can lead to traffic accidents. Failure to observe these rules has been a major factor in Dallas car accidents.
5. Defective vehicle parts
When a vehicle part fails to do its intended function, a driver might lose control of the vehicle and cause a crash. Some of the common malfunctions occur to the brakes, steering systems, and airbags. The company that manufactured such parts can be held responsible for the damages caused by the accident.
6. Road hazards
Adverse weather conditions can cause havoc on Dallas roadways. Roads that are not well-maintained can also be a danger to road users. The presence of objects and other hazardous materials on the roads also poses a danger to motorists. Determining the party responsible for the presence of hazardous material on the roadway is important when seeking compensation for an injured person.
7. Improper Speed
Driving at speeds that are unsafe for the road conditions is a leading cause of car accidents in Dallas. Speeding reduces the driver’s ability to react to sudden changes in traffic or road conditions.
It is important for victims of car accidents in Dallas to consult with a Dallas car accident lawyer to navigate the legal process and seek fair compensation for their injuries and damages.
Types of Injuries Sustained in Dallas car accidents
Auto accidents result in a wide range of injuries to the involved parties, mainly depending on the number of involved vehicles and the severity of the impact. Our Dallas auto accident attorneys handle all kinds of injury cases resulting from auto collisions. Here are some of the common injuries reported by accident victims.
This type of injury is suffered due to sudden and fast movement of the body when a crash occurs. It often causes strain to the muscles, ligaments, and tendons without breaking the bones. It could take a while for a person to recover from this kind of injury.
2. Head injuries
When a person’s head is struck during a traffic collision, they can suffer serious head injuries. These injuries could result in brain damage and long-term complications in the functioning of the brain also known as post-concussion syndrome. A victim can also experience head pain, headaches, and other associated symptoms.
3. Cuts and Scrapes
People often receive cuts and scrapes due to accidents with other vehicles or by getting struck by objects in their vehicle. These injuries cause pain and can create a risk of someone getting infections and other complications.
4. Broken Bones
Serious accidents cause a large amount of force to be applied to a person’s body. If the force is more than what the bones can handle, it can lead to broken arms, ribs, hips, legs, and shoulders, as well as other parts of the body. These injuries are common and can require surgery and rehabilitation to heal.
5. Internal bleeding
While it is common for people to suffer cuts and scrapes, you could also suffer injuries to the internal parts of your boy. Internal bleeding can be dangerous, especially if it is not quickly treated. You may need to get a complete medical examination if you suspect that you have received internal injuries in an accident.
General Damages in Dallas Car Accident Claims
General damages are more challenging to calculate and require additional evidence, such as medical records and expert testimony. The amount awarded for general damages is largely determined by the severity of the injuries sustained, the impact on the plaintiff’s life, and the defendant’s level of fault.
In California, there are legal precedents that have established the rules for determining special damages in car accident claims. For example, the landmark case of Rodriguez v. Kline established that future medical expenses are recoverable as special damages in personal injury cases. Another case, Greathouse v. Amcord, held that a plaintiff can recover damages for loss of future earning capacity as special damages.
Special Damages in Dallas Car Accident Claims
Special damages are the economic losses that can be objectively calculated, such as medical expenses, lost wages, and property damage. On the other hand, general damages refer to intangible losses, such as pain and suffering, emotional distress, and loss of consortium. These damages are more subjective and harder to quantify.
To determine the eligibility and calculation of special damages, the plaintiff must provide evidence of their monetary losses, such as medical bills, repair invoices, and pay stubs. The amount awarded for special damages is typically based on the actual monetary losses incurred by the injured party.
Key Instruments to Determine Fault in Car Accidents in Dallas
Determining fault in car accidents in Texas involves a thorough investigation into the circumstances surrounding the accident. Here are the key factors and steps involved in this process:
- Police Report: Law enforcement officers who respond to the accident scene create a police report. This report often includes their assessment of fault based on the evidence and statements from involved parties. While the report can be influential, it’s not the final determination of fault.
- Witness Statements: Statements from witnesses who observed the accident can provide valuable information about what happened and who may be at fault.
- Evidence: Physical evidence such as skid marks, vehicle damage, and road conditions can help reconstruct the accident and establish fault.
- Traffic Laws: Texas traffic laws are used to determine if any driver violated rules of the road. Violations, such as running a red light or speeding, can be strong indicators of fault.
- Negligence: Fault is often based on the concept of negligence. If a driver failed to exercise reasonable care and their actions led to the accident, they may be considered at fault. This can involve behaviors like distracted driving or drunk driving .
- Expert Analysis: In some cases, experts like accident reconstruction specialists may be called upon to analyze the accident and provide their expert opinions on fault.
- Insurance Companies: Insurance companies also play a role in determining fault as they assess claims. Their findings can impact compensation for those involved.
- Legal Assistance: If there is a dispute over fault, individuals may seek legal representation to help establish their case and negotiate with insurance companies.
It’s important to note that Texas follows a modified comparative fault system, which means that if both parties share some degree of fault, their compensation may be reduced accordingly. Understanding how fault is determined is crucial when pursuing insurance claims or legal action after a car accident in Texas.
Compensation in Dallas Car Accidents
Accidents cause unexpected expenses for the victims. Such expenses should not be a burden because the accident is not their fault. We work hard to get victims compensation for all losses they have incurred and for those losses they will incur in the future.
Common expenses covered in an auto accident case;
1. Medical Bills
The medical expenses incurred after an auto accident should be covered by the insurance of the driver who caused the accident. It is important for an accident victim to undergo medical examination and treatment immediately after the accident so the injuries and pain can be documented.
2. Lost income
After an accident, you may have to stay out of work while you recover from your injuries. Some injuries could prevent you from returning to your previous designation and require that you look for a new line of work. This can result in lost income and lost future earning capacity. The personal injury case takes your lost income into consideration.
3. Compensation for property damage
Auto accidents can lead to damages to parts of a vehicle, or the whole car may be totaled. We help you seek compensation for vehicle repairs, diminished value, and loss of use.
4. Pain and Suffering
Injuries sustained in a car accident can lead to physical pain and mental anguish. Proving this in court can be a difficult task for victims who may have been through a traumatizing experience. We will help you secure the compensation you deserve for the pain and mental anguish you suffered.
What to Consider when Choosing a Dallas Car Accident Lawyer
Choosing the right people to represent you in a car accident case will be a major boost in obtaining the right settlement. There are many factors that you need to consider when deciding who to hire. Some of the main factors include:
- An attorney knowledgeable on car accident litigation laws
- The right attorney also understands your medical needs and how your work-life is affected by the injuries sustained in the accident.
- The attorney should possess the right experience handling similar cases. This will ensure that they give the right direction that will net excellent results in your case.
- A good attorney is one who has their client’s best interests in mind and will not rest until they get the desired results for the case.
A Dallas car accident lawyer possesses the required resources for investigating a case and taking the matter to court if a fair settlement is not offered by the insurance adjuster.
What is the Average Settlement in a Car Accident Case in Dallas?
After being involved in an auto accident, victims often wonder how much they can obtain as compensation if they file a personal injury case. The exact amount of settlement often depends on various factors, and it can be difficult to set a single value. An experienced Dallas car accident lawyer at Joel A. Gordon & Associates will explain the various aspects that can affect the settlement value. The main factors include;
- Past and future medical expenses
- Rehabilitative costs
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Physical impairment and duties under duress
To present your case to an insurance company or jury, the attorney will require items such as medical records, police reports, witness statements, crash scene photographs, and sometimes an expert accident reconstructionist.
Contact a Dallas Car Accident Attorney
It is in your best interest not to trust what an insurance company tells you after your accident, as you may not get the full compensation you deserve. Some insurance companies will also trick you into accepting minimal settlement amounts for your case. Remember, insurance companies are not on your side after an accident and will not protect your interests.
It is crucial that you speak to an experienced Dallas car accident lawyer immediately after an accident. Our Dallas car accident lawyers will do everything they can to get you the maximum possible recovery on your case. We will negotiate with insurance companies and fight for your rights. Call us today and consult with our experienced auto accident attorneys.