With a growing number of the population getting behind the wheel of a car to carry out day-to-day activities, it is no surprise that the subsequent number of car accidents that occur each year has reached a devastating rate. According to the National Highway Traffic Safety Administration (NHTSA), more than 6 million traffic accidents take place annually—leaving more than 40,000 dead as a result.
In Texas alone, more than 3,300 people are killed in auto collisions every year, in addition to the countless others that suffer the lifelong consequences of a catastrophic injury. In the face of a life-altering injury, it is good to know that you have options. By reviewing the specific elements of your case with a personal injury attorney in Dallas, you can improve your understanding of the rights you hold as an accident victim, and will be one step closer to obtaining the financial compensation that you deserve.
Call the Dallas car accident lawyers at The Lenahan Law Firm at (214) 295-1008 for dedicated legal support and a free consultation.
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The statute of limitations for personal injury claims in Texas is two years. This means that you have two years from the date of your car accident to file a claim or you may lose your right to compensation. Additionally, Texas follows a “modified comparative fault" rule. This means that even if you are partially at fault for an accident you are still eligible to pursue compensation, just as long as you are less then 51% at fault for the accident. In these cases, your percentage of fault will be determined by the court. Whatever compensation you are awarded will be reduced by the same percentage you of fault you were found to be responsible for.
Texas follows an “at fault” system when it comes to car accident liability, this means that the party responsible for the accident is also the one responsible for paying any damages. What about cases where more than one party is responsible for an accident? In these cases, Texas follows a comparative fault rule, which states that an injury victim who is less than 50% at fault for an accident is still eligible to pursue compensation from the other at-fault party. This system is directly opposite a “pure comparative fault” which doesn’t allow anyone who is even 1% at fault for an accident to file a claim.
In cases where the comparative fault rule is applied the court will decide the injury victim’s percentage of responsibility for an accident and the amount of compensation that will be awarded to them. In the end, the total compensation amount awarded will be reduced by the percentage of determined fault. For example, if you are found to be 20% at fault for an accident your compensation will be reduced by 20%.
Although unfavorable weather conditions and deteriorating roadways can cause the same amount of damage, many times, car collisions can be attributed to reckless and distracted drivers. Distracted driving has become a more common of an issue with the current technological advances, as a great number of people try to navigate their way around town while texting or talking on their cell phone, as well.
Because of this, countless victims have been forced to suffer the consequences. Another leading cause of traffic accidents can be attributed to the growing number of drunken drivers getting behind the wheel. When a negligent individual decides to make such a senseless decision, they are endangering not only themselves but everyone else in the vicinity.
If you've recently been involved in a car crash, you should not hesitate to seek medical attention as soon as possible. Why? First and foremost, your health should be your number-one priority. Even if you are unsure of whether or not you have suffered an injury, you should never ignore the feeling that something isn't quite right. In some cases, you may not even realize that you have been injured until you undergo a thorough examination, so you should not hesitate to take this important step as soon as possible.
Secondly, it may be more difficult for you to recover the level of compensation that you deserve if you have failed to see a doctor after the crash. Insurance companies evaluate auto accident claims on a number of different factors, and one of them happens to be initial treatment. If you didn't seek medical attention after the collision, it may give the insurance company reason to believe that you weren't actually hurt. While this may not necessarily be true, the insurance adjuster will typically do or say whatever they can to ensure that your claim is settled for as little money as possible.
If you were involved in a car accident in Dallas or Fort Worth with a driver who failed to stop and exchange information, you may be wondering what steps you can take to recover compensation. While you would typically file a claim with the at-fault driver's insurance company, this is not possible when dealing with a hit-and-run.
Fortunately, there are ways that a Dallas car accident lawyer from The Lenahan Law Firm can help you to secure the level of compensation that you deserve. By filing an uninsured motorist claim with your own insurance company, you should be able to obtain financial support for the cost of your medical treatment, lost wages, therapy rehabilitation, etc.—the amount of which will be determined by the level of uninsured motorist coverage that you have acquired.
When you have been involved in a hit-and-run accident, the police will typically launch an investigation to find the offending driver—since it is, after all, a crime to flee the scene of an accident. If they are able to identify the at-fault driver, you could take measures to hold them accountable for the damages that you have suffered; however, it is important to understand that most hit-and-run drivers make the decision to flee because they are uninsured.
For this reason, it may still be necessary for you to file an uninsured motorist claim with your own insurance company even after the offender has been caught. The fact of the matter is that nearly 10,000 hit-and-run accidents are reported within the city limits of Dallas each year, and very few cases are actually solved. Fortunately, The Lenahan Law Firm is here to help.
Unfortunately, when an unsuspecting driver is involved in a negligently caused car accident, it is more likely than not that they will be forced to endure a serious injury. In a percentage of cases, the injuries may even prove to be fatal.
If you have become the victim of similar circumstances, you may now be faced with one of many catastrophic injuries, including:
Our legal team assists clients in recovering the full compensation they deserve. Our firm is unique in that we focus our talent and energy on a few select cases, which means that we are much more committed to obtaining a successful outcome in each and every case. Our firm provides legal representation for clients on a contingency-fee basis, charging no legal fees unless we are successful. The Dallas car accident lawyers at our firm are prepared to take a case to court if that is what it takes to obtain the full compensation a client deserves.
Don't wait to get help. Call now to schedule your free initial consultation!
- $10,004,323 Recovered ($4,029,590 in fees & expenses) in DWI Wrongful Death
- $6,504,961 Recovered ($2,738,046 in fees & expenses) in Auto Accident Wrongful Death
- $6,300,000 Recovered ($2,380,327 in fees & expenses) in 18-wheeler Collision Wrongful Death
- $1,920,000 Recovered ($644,904 in fees & expenses) in Auto Collision
- $1,250,000 Recovered ($524,253 in fees & expenses) in DWI Injury
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