If you or a loved one has been injured in a motor vehicle collision, you need a lawyer who will fight for your legal rights and protect your financial interests. Choose the Francis Firm to handle your car accident claim, and you will work with experienced Dallas car accident lawyers who are strong advocates for injured victims.
Motor vehicle accidents can happen at any time, and in any community, and can involve even the safest drivers. Often these serious automobile crashes are due to the negligence of other motorists.
According to the Texas Department of Transportation, 205,498 people were injured in traffic collisions in Texas in 2020—especially in Dallas, which has some of the most dangerous intersections in the state, including Belt Line Road at Dallas Parkway and I-635 at the Coit Road exit. Sadly, many traffic accident result in serious personal injuries or death.
When you hire the Francis Firm for your car accident claim, there will never be any legal fees or costs until we recover money for you. Let an experienced Dallas car accident lawyer from the Francis Firm help you understand your rights and the settlement you deserve.
How do Car Accidents Commonly Happen?
There are many reasons for motor vehicle accidents, which typically involve the negligent or reckless actions of the party who’s responsible.
Some of the most common reasons for automobile accidents in Dallas are:
- Reckless driving. Whether it’s changing lanes too quickly, following too closely, or driving aggressively, reckless driving habits can lead to serious personal injuries to others in a car accident.
- Ignoring traffic laws and the rules of the road. Some examples of negligent behavior include failing to yield, not stopping at a red light, making improper turns, and driving the wrong way, all of which can cause an accident.
- Distracted driving. Whether due to texting, using electronic devices, eating or drinking, or another reason, distracted drivers are one of the leading causes of car accidents nationwide.
- Driving under the influence of drugs or alcohol. Because alcohol and drugs can greatly affect a person’s ability to operate a motor vehicle, including significantly lowering reaction speed, driving under the influence is one of the leading reasons for car accidents.
- Poor weather conditions, road conditions, or visibility. Conscientious drivers need to account for conditions on the road that are beyond their control, driving defensively and effectively in order to avoid an accident. When they fail to do so, they may be liable for the injuries suffered in an accident they caused.
- Speeding. According to the Insurance Information Institute: “Speeding is at the top of the list of related factors for drivers involved in fatal crashes. In 2019, 8,746 drivers who were involved in fatal crashes (or 17 percent) were speeding.”
What Kinds of Injuries Commonly Result?
Car accidents can cause serious injuries, including traumatic brain injuries, concussions, and other head injuries. Some victims suffer back and neck injuries, spinal damage, or even varying levels of paralysis. Soft tissue injuries and whiplash are common after an accident, as are cuts, lacerations, and broken bones.
Injuries that result from a car wreck can require extensive medical treatment. Mounting medical bills can become overwhelming, especially if you are unable to work due to your accident-related injuries. The emotional toll of a serious car accident can be just as debilitating as the physical injuries.
If you've suffered serious injuries in a car accident, you need an experienced Dallas car accident attorney to investigate your car accident case. Through a free consultation, an experienced personal injury lawyer can determine whether you may have a claim to recover compensation for the damages you suffered.
Why Do I Need to Hire a Dallas Car Accident Lawyer?
It can be difficult to fight, and you need an expert on your side to help navigate the process. In some cases, you may need to file a claim against multiple wrongdoers, as well as their insurance companies.
You will need to prove liability for the accident, presenting evidence of the wrongdoers' negligent or reckless actions. It is imperative that you contact an experienced car accident lawyer as soon as possible after a crash. Let an experienced trial lawyer from at the Francis Firm help you understand your rights, get the medical care you need, and obtain the settlement you deserve.
An experienced Dallas car accident lawyer will help in the following ways:
Provide legal guidance
Your car accident attorney can explain your legal rights and options following a car accident. They can help you understand the legal process, including the steps involved in filing a personal injury claim or lawsuit.
Investigate the accident
Your lawyer can investigate the events surrounding your accident by interviewing witnesses, reviewing the police report, and reconstructing the accident scene, if needed. They may also review your medical records. Your car accident lawyer will also research the law and apply it to the specifics of your car accident case, and prepare a legal argument to help convince the other party or insurance company to settle.
Determine the extent of your damages
A car accident lawyer can accurately assess and establish the extent and value of your damages. Your damages may include many specific medical expenses, such as doctor's visits, medical testing, prescription costs, hospital stays, and physical therapy. You might also incur damages to your personal property, such as mechanic's bills to fix your car and rent a replacement.
You might also claim general damages, such as pain and suffering, lost income or lost wages if you cannot work, the loss of enjoyment of activities you are no longer able to do, and a general decrease in your quality of life. Our Dallas car accident attorneys can help ensure that you recover compensation that meets your needs now and in the future.
Negotiate with insurance companies
Insurance companies may try to settle your claim quickly and for an amount that pales in comparison to the damages you suffered. An experienced car accident lawyer can negotiate with the other party and insurance company to obtain the maximum compensation. They will handle correspondence and conversations with the insurance company, and have your case ready and prepared for trial, should negotiations with the insurance company fail.
Represent you in court
If your case goes to trial, a car accident attorney can represent you in court. They can present evidence, argue on your behalf, and cross-examine witnesses to help you achieve the best possible outcome.
Whether your case goes to trial or is settled out of court, the Dallas personal injury lawyers at the Francis Firm can guide you through the legal process and get you the compensation you deserve.
Our car accident lawyers fight daily to help our clients recover the maximum financial compensation. If the insurance company refuses to offer full value in a settlement, one of our trial-tested Dallas personal injury lawyers is always ready to take them to court. We are ready to defend you throughout Dallas.
Motor Vehicle Collision Verdicts & Settlements
$1,970,000 – Drunk Driver Causes Brain Injury
An out of state Defendant consumed alcohol at a Weatherford restaurant until her blood alcohol level was nearly three times the Texas legal limits before attempting to drive back to her hotel at night and on the wrong side of the roadway, without using headlights. During this process, she struck a vehicle driven by a gentleman running errands near his home. The collision resulted in multiple injuries, including a mild traumatic brain injury. Suit was brought, resulting in settlements totaling $1,970,000. After fees, expenses and the repayment of medical liens and bills, our client recovered $1,100,829.
$900,000 – Drunk Driver Causes Spinal Injury Requiring Surgery
A man operating a vehicle while intoxicated and under the influence of pain medication ran a stop sign and struck a vehicle containing a family driving home from dinner. The husband and operator of the struck vehicle suffered a back injury requiring surgery. Suit was brought against the drunk driver resulting in a settlement in the amount of $900,000. After fees, expenses and the repayment of medical liens and bills, our client recovered $516,788.
$565,000 – Driver on Cell Phone Seriously injures Family
A lady traveling on Southlake Boulevard while drinking coffee and talking on her cell phone, ran a red light without stopping or even applying her brakes. Within the intersection, she struck the mini-van occupied by a family on that Sunday morning. The collision caused multiple injuries to our clients, including injuries to the head and spine. Suit was brought against the negligent driver, resulting in a settlement for the family in the amount of $565,000. After fees, expenses and the repayment of medical liens and bills, our clients recovered $281,194.
Who Pays For Damages In Car Accident Cases?
In most car accident cases, a person's car insurance company covers claims. Texas is an at-fault insurance state, which means that the person who is responsible for the car accident is also responsible for paying any damages.
You will need to contact the at-fault driver’s car insurance soon after the accident to make a claim. If you haven’t retained legal representation, it's best to limit your conversations with insurance companies and never admit fault. Insurers may try to offer you a quick settlement that does not meet the full value of the damages you suffered.
Experienced car accident lawyers know how to determine the value of your damages and can negotiate with the insurance company for full and fair compensation. If negotiations fail, your attorney can take your case to court.
Insurance companies usually choose to settle lawsuits before they go to court. Having an attorney on your side can greatly improve your chances of getting the most favorable outcome in your car accident case.
What Is Negligence in Dallas, TX?
Negligence is perhaps the most common theory of recovery in a car accident case. The four elements of negligence are:
- Duty of care – the at-fault driver owed a legal duty of care to you, such as following the rules of the road
- The at-fault driver breached their duty of care. For example, a driver who runs a stop light is breaching their duty of care.
- You suffered injuries due to the other driver’s breach of duty, for example in a car accident caused by the at-fault driver.
- Your accident-related injuries resulted in damages, such as medical expenses and lost wages.
To succeed in a negligence claim, a personal injury attorney must establish, by a preponderance of the evidence, each of these elements.
What if I’m Partly to Blame for My Car Accident?
Texas follows a comparative negligence rule in civil cases. Comparative negligence reduces a plaintiff's damages award by the percentage they are responsible for their own injury.
For example, a jury might determine that a motorist hit by a drunk driver at an intersection is 25% responsible because they themselves were speeding. If the jury awards the plaintiff $100,000, a Texas court will reduce the award by 25% to $75,000.
However, if the plaintiff is 51% or more responsible for their own injuries, Texas comparative negligence laws prevent them from recovering anything in a lawsuit.
What Is a Statute of Limitations for Car Accident Cases in Texas?
A statute of limitations is a law that establishes how long you have to file a lawsuit against an at-fault driver. The deadline for filing a car accident claim in Texas is two years from the date of the accident. There are some exceptions to this statute of limitations. Consider discussing your accident with a qualified car accident attorney to determine whether you still have time to file a case.
It's important to file your legal claim as soon as possible. Missing this two-year deadline means you cannot recover compensation for damages in a car accident case.
Contacting an experienced attorney soon after your car accident can ensure you don’t miss this important deadline and give your lawyer a better chance to secure evidence before it is destroyed or lost. The sooner you contact an attorney, the sooner your lawyer can start the personal injury claim process and protect your interests.
What Damages Can I Get in a Dallas Car Accident Lawsuit?
Dallas car accident victims aren’t guaranteed financial recovery, even if their injuries were caused by someone else's negligence. If damages are awarded, the amount can vary, depending on the injuries sustained, the severity of the injury's impact, and other factors.
Damages for car accident claims in Dallas fall into three general categories: economic damages, non-economic damages, and punitive or exemplary damages.
Economic Damages
Economic damage awards compensate the plaintiff for financial losses that occurred as a result of their car accident, and may include medical bills for:
- Emergency room healthcare, including ambulance services
- Past, present, and future doctor appointments
- In-patient hospital care
- Pharmaceutical expenses
- Surgeries
- Physical therapy
- Other medical expenses
Economic damages also can include lost wages, lost income, or loss of earning capacity.
Non-Economic Damages
Non-economic damages can be more difficult to prove because they involve injuries that are intangible and difficult to evaluate. Examples of non-economic damages in car accident lawsuits include:
- Pain and suffering
- Mental anguish
- Scars or disfigurement
- Post-traumatic stress disorder (PTSD)
- Loss of companionship
Punitive Damages in Texas
In extreme cases, a court may award a plaintiff punitive damages. Punitive damages are designed to punish the defendant for, particularly egregious conduct by making an example of them to other would-be wrongdoers. These damages may apply in DUI cases and other scenarios where a defendant acts intentionally or with reckless disregard for the safety of others.
Many car accident victims do not realize the full extent and value of their car accident damages and what they may be compensated for. It's important to talk discuss your case with a lawyer experienced in personal injury law who understands the full financial compensation you deserve.
What to do After a Motor Vehicle Collision?
1. Call 911 and Insist on a Police Report.
Whether you were a driver, passenger, motorcyclist, bicyclist or pedestrian, you have the right to insist the police come to the scene and investigate the collision.
Often, 911 operators and police departments will attempt to avoid investigating collisions when no person involved was injured or seeks emergency medical care, but you have the right to insist that your accident be investigated.
2. Move to Safety.
If you can safely take a picture of the vehicles in their original post-accident resting position before moving to a safe location, do so. Then move your vehicle or at least yourself to a safe area if possible. If you cannot get to safe location, turn on your emergency flashers and wait for the police and emergency personnel to arrive at the scene.
3. Check on all Parties.
Once everyone is in a safe place, check on the health and status of all other involved drivers and passengers. If you believe you have been injured, however, stay in your vehicle until EMS arrives.
4. Secure Evidence.
If possible, always take pictures of all vehicles, the scene and the other driver’s license, license plate and insurance card.
5. Seek Medical Attention.
If you have any concern you suffered injury, allow emergency medical care personnel to examine and take you to the hospital for treatment.
Often at the scene of the collision, adrenaline masks the existence of pain or injury, including life-threatening conditions such as head injuries, spinal fractures or internal bleeding.
If in doubt, err on the side of caution and allow EMS and hospital personnel to conduct an examination. In fact, if you ultimately require medical care from a collision, insurance companies will use your refusal to accept EMS transport or a hospital examination as evidence that you were not truly injured.
6. Injuries Are Often Delayed.
Even if you do not believe you were injured immediately after a motor vehicle collision, it is common to feel increased levels of pain and physical limitations that night, the following day or even several days later. However, you might find that your primary care physician, to prevent any involvement in an insurance claim, either will not treat motor vehicle injuries or will not prescribe physical therapy or other necessary treatment.
For this reason, it is critical to find a medical professional willing to effectively evaluate and treat all your injuries. The sooner you can obtain effective medical treatment, the more likely you are to fully recover from your injuries. The Francis Firm can help you locate qualified medical providers to evaluate and treat any injuries caused by your motor vehicle accident.
7. Call a Lawyer, Not the Insurance Company.
After a motor vehicle collision, you should never speak to the insurance claims adjuster without first consulting a personal injury attorney. These adjusters are claims professionals and even if they sound sympathetic, their job and only goal is to minimize your claim and use your inexperience against you.
Car accident claims are deeply complex and you need an expert on your side to help navigate the process. It is imperative that you contact an experienced car accident lawyer as soon as possible after a crash. Let an experienced trial lawyer from the Francis Firm help you get the settlement you need and deserve.
How Many Car Accidents Happen In Dallas?
Motor vehicle accidents can happen at any time, and in any community. Unfortunately, even the safest drivers may be involved in a serious automobile crash.
According to data from the Texas Department of Transportation, there were over 48000 collisions reported in Dallas alone in 2020. In total, approximately 128,000 people are injured in traffic collisions in Texas each year. We handle all types of auto accident cases throughout the State of Texas. No matter the nature or severity of your injuries, a Francis Firm lawyer will fight to protect your legal rights.
The Francis Firm Help Clients Get the Compensation They Deserve
Every Francis Firm Dallas car accident attorney knows how to hold negligent drivers and their insurers accountable.
We will conduct a free, in-depth review of your claim and fully investigate your automobile accident in Dallas, obtaining all evidence needed to build a winning legal claim. The experienced car accident lawyers at the Francis Firm will help you understand your rights and options.
Our Dallas car accident lawyers will handle all correspondence and personal injury negotiations with the insurance company. If the insurance company refuses to offer full value in the settlement, our trial-tested Dallas car accident lawyers are always ready to take them to court.
At the Francis Firm, every Dallas, Texas car accident lawyer is an experienced, strong advocate for injured victims. If you or a loved one has been injured in a motor vehicle collision, you need a lawyer who will fight for your legal rights and protect your financial interests.
Our Francis Firm Dallas personal injury lawyers have decades of experience. If you were hurt in a traffic accident, it is imperative that you do not wait to take action. If you cannot come to our office, our experienced trial lawyers will come to you.
Please reach out to us today for a free, no obligation initial legal consultation online or by calling (817) 329-9001. With our office in Dallas, we serve communities throughout the Dallas area, Dallas County and other counties of Texas.