Dallas is one of the most dangerous cities for fatal and injury-causing accidents in the country. Dallas drivers are notorious for showing off their fancy big cars, speeding, and not following traffic regulations.
With a high population concentration, Dallas is no stranger to fatal car accidents. Driving under the influence of alcohol or drugs is one of the main causes of deadly accidents in the city. Bad weather, distracted drivers, and age are also key contributing factors for car wrecks in triple D.
Texas drivers spend an average of 2.70% of their annual income on car insurance. In Texas car accident cases, insurance companies will determine who is at fault according to accident laws prevailing in Texas. They will review the facts relating to the accidents and determine who was at fault. The fault is assigned to the party that was most negligent, or in greatest violation of the Texas accident laws.
Negligence is defined as “Failure to take reasonable care to avoid causing injury or loss to another person.”
To prove negligence, the plaintiff (the injured party) must establish the following four main elements:-
- The defendant (the accused party) owed the plaintiff a reasonable duty of care.
All drivers owe a duty of care towards others on the roadways when they get behind the wheel of a vehicle.
- The Defendant breached his or her duty of care.
The breach of care by the defendant is the crux of the personal injury law. It is the plaintiff’s burden of proof to convince the insurance company, the judge, or the jury that there was a breach of care committed by the defendant.
- The breach of duty by the Defendant caused the accident.
It is not enough to show that the Defendant was negligent, careless originally reckless, it has to be established beyond reasonable doubt that his or her act of negligence was the main cause of the car crash.
- The accident caused compensable damages.
The plaintiff has to establish that he or she suffered damages due to the breach of duty by the Defendant. Damages may include physical injury, pain and injury, mental anguish, emotional distress, lost wages, loss of quality of life, and/or property damage.
ROLE OF A POLICE REPORT IN DETERMINATION OF FAULT.
Many victims of car accidents make the cardinal error of not contacting the police following a car accident and obtaining a copy of the police report.
Victims are usually of the opinion that the damage to their cars is minor and they have suffered few or no injuries. However, they could discover that the damage to their vehicles is more severe than they had anticipated or they might start to experience symptoms of an injury in the days or weeks after their accident.
Although a police report is not mandatory while filing a claim with the negligent driver’s insurance company, it is an important piece of evidence that provides the insurance company with important information regarding your claim. A police report is an impartial third-party account by a police officer that summarizes the police’s interpretation of what happened and who bears responsibility.
The absence of a police report can weaken your claim for compensation.
The police might issue a traffic citation against the party that they believe is responsible for the car accident. A traffic citation will not ultimately prove who is responsible, but it can be used as important evidence.
Police reports do not determine who bears fault for the accident.
ROLE OF INSURANCE COMPANIES IN DETERMINATION OF FAULT.
Once you have filed a claim with an insurance company after a car accident, the company will assign your claim to an insurance claims adjuster.
The insurance claims adjuster’s job is to investigate damages to persons and property resulting from accidents. An adjuster will investigate if the claimant’s injuries are eligible for insurance coverage (whether by the claimant’s policy or by the at-fault party’s policy).
If the adjuster finds the claim eligible, he will conduct an investigation to evaluate the extent of the coverage. The investigation may include:
- Review of medical records, accident reports, and any other relevant material.
- An inspection of injuries or property damage.
- Interview with witnesses.
There can be more than one adjuster involved in a claim process because insurance companies of various drivers involved in the accident will select an adjuster to investigate the accident and settle the claim.
The adjuster will then determine who was at-fault. Sometimes adjuster might assign a percentage of fault to each driver.
If you do not agree with the insurance company’s assignment of fault, you may speak to a Dallas Car Accident Lawyer who can file a lawsuit on your behalf to challenge the decision.
ROLE OF AN EXPERIENCED CAR ACCIDENT LAWYER IN THE DETERMINATION OF FAULT.
If insurance companies determine who is at fault, they will probably deny or delay your claim for as long as possible. Insurance companies come up with novel ways and methods to escape responsibility to pay a fair settlement.
It is crucial to hire an experienced and knowledgeable car accident lawyer to represent you in the negotiation process. At the law offices of Dorothy Hyde, our primary goal is to negotiate and secure a reasonable settlement for you. Our lawyers know how to negotiate with an insurance claims adjuster who has mastered the art of knowing what to say and do to get you to say the wrong things.
The accomplished car accident lawyers at our firm know how to neutralize the tactics that insurance claims adjusters use to avoid having to pay you. Such tactics include assigning blame to you or downplaying the severity of your accident and injuries.
The law offices of Dorothy Hyde have assisted countless number of clients in Dallas and all across Texas to negotiate settlements with insurance claims adjusters to secure the compensation they deserve.
Negotiating a settlement requires patience and persistence. If a deal cannot be reached with the insurance company, it may be time to consider filing a personal injury lawsuit.
ROLE OF THE COURTS IN DETERMINATION OF FAULT.
More than 95% of personal injury claims are settled out of court. Very few cases go for trial. Lawsuits are an expensive proposition and litigating parties face mounting legal costs.
The following situations could lead a car accident claim to proceed to Court for trial:
- The insurance company does not offer you a fair settlement.
- The insurance company refuses to pay you more money for your damages.
- Both parties fail to agree on who was at fault for the car accident.
Once your case makes it to Court, a judge or a jury will determine who was at fault. While deciding a case, the judge or the jury will examine evidence and consider arguments from lawyers of the parties involved in the case.
Police reports and insurance companies have no control over the outcome of a court case.
TEXAS IS AN “AT-FAULT” STATE.
In Texas, the party that is found to be at-fault for an accident will be responsible for compensating the injured party for the amount he or she is responsible for.
Insurance companies are only interested in protecting themselves from claims. Avoid giving statements or signing any documents before consulting your Dallas car accident attorney. Do not accept blame and also avoid blaming anyone. Fault is only determined after a detailed investigation and careful evaluation by skilled professionals.
HOW CAR INSURANCE WORKS IN TEXAS?
All drivers in Texas are required by law to have adequate car insurance. Coverage amounts are separated into 3 categories in Texas:
- The coverage amount for each injured person.
- The coverage amount per accident.
- The coverage amount for property damage per accident.
According to Texas Law, drivers in the state need to have a minimum insurance coverages of $30,000 per injured person, up to $60,000 per accident. Additionally, Texas drivers must have coverage for property damage of at least $25,000. Insurance and legal professionals refer to these coverages as the 30/60/25 coverage.
In Texas, car insurance is proof of financial responsibility. Your insurers send you a proof-of-insurance card which you must furnish :
- If you have an accident.
- To register your vehicle or renew its registration.
- If you are stopped by a police officer.
- To renew driver’s license.
- To have your car inspected.
TEXAS IS A MODIFIED COMPARATIVE FAULT STATE.
Texas is one of the 33 states in the country that follow a modified comparative fault system. Assigning fault in Texas motor vehicle accident cases is often a complex process. An individual is barred from recovering compensation if he or she is more than 51% responsible for causing an accident.
To seek compensation for injuries caused by a motor vehicle accident, a victim must prove that the other driver is at-fault. If more than one party is responsible for the victim’s injuries, each party will be responsible for compensating the victim based upon their percentage of fault.
If the victim bears some fault, his or her compensation is reduced by his or her percentage of fault.
COMPENSATION FOR A VICTIM OF A CAR ACCIDENT IN DALLAS.
Our Dallas-Fort Worth car accident lawyers help victims recover compensatory damages mentioned below:-
- Medical Bills.
- Lost Wages.
- Lost earning capacity.
- Property damage.
- Estimated future medical expenses.
- Out of pocket expenditure.
- Pain and suffering.
- Mental anguish.
- Loss of companionship.
- Emotional distress.
- Loss of enjoyment of life.
LAW OFFICES OF DOROTHY HYDE – PERSONAL INJURY LAWYERS WHO SERVE AS PARTNERS AND GUIDES.
Our law firm provides genuine support and compassionate advocacy for clients who are victims of personal injury. Our lawyers know how stressful being injured in an accident can be – especially when you are not at-fault.
At the law offices of Dorothy Hyde, we are committed to taking the stress and confusion away that that can accompany a lawsuit. Our team of auto accident lawyers carry out the following duties for our clients:-
- Conduct a thorough investigation of the car accident case.
- Consult medical, legal, and accident, reconstruction experts.
- Identify liable parties.
- Determine the value of the claim.
- Coordinate and communicate with legal representatives of the defendant/s and insurance companies.
- Strive for a fair settlement on the victim’s behalf.
- Take the case to trial if required.
CONTACT AN MOTOR VEHICLE ACCIDENT LAWYER IN DALLAS.
All accident cases handled by our compassionate and knowledgeable Texas car accident lawyers are taken up on a contingency basis, which means our clients pay nothing unless we win their case or settle it.
If you or your loved one has been injured due to somebody else’s carelessness or negligence on the roads of Dallas, you deserve to be duly compensated for the injuries suffered and other damages.
Initial consultations are free. Call an experienced Car Accident lawyer at our firm for a free case evaluation right away.