Dallas Car Accident Attorneys

Experienced Representation for Auto Accidents in Dallas, TX

Each year, there are millions of reported motor vehicle crashes in the United States. According to the Centers for Disease Control and Prevention, motor vehicle crashes in 2017 alone cost more than $75 billion in loss of productivity and loss of life.

Litigation involving motor vehicle crashes is common. These cases can involve claims of serious injuries or even death, whether resulting from an incident between private individuals or crashes involving commercial vehicles, such as box trucks or 18-wheelers. These lawsuits may involve claims for medical expenses, pain and suffering, loss of companionship, loss of earning capacity, and disfigurement, to name a few.

The Dallas car accident lawyers at Lyons & Simmons understand that immediate action is necessary to properly evaluate the scope and nature of any liability or damages resulting from a motor vehicle crash. We are routinely called on immediately following a crash to spearhead an investigation with law enforcement and other experts, such as accident reconstruction engineers. By stepping into the fray at the outset, our attorneys ensure these cases are presented to a judge or jury with the most accurate set of facts and evidence.

We know that immediate action is necessary to advise you in the event of a motor vehicle crash. Call (844) 297-8898 to discuss your case with a car accident lawyer near you.

Texas Car Accident Law

Texas follows a fault-based or tort system for car accidents. This means that the driver who is responsible for causing the accident is liable for the resulting damages. Injured parties can pursue compensation in one of three ways:

• File a claim with the at-fault driver’s insurance company.
• File a claim with their own insurance company, if they have appropriate coverage (such as uninsured/underinsured motorist coverage).
• File a personal injury lawsuit against the at-fault driver in civil court.

To establish fault in a Texas car accident claim, the injured party must demonstrate:

1. Duty of Care: The at-fault driver had a legal obligation to drive safely.
2. Breach of Duty: The driver violated that duty (e.g., by speeding or running a red light).
3. Causation: The breach of duty caused the accident.
4. Damages: The victim suffered measurable damages as a result.

Texas applies the modified comparative negligence rule under Texas Civil Practice and Remedies Code §33.001. This rule affects how compensation is awarded when both parties share fault for the accident:

If the plaintiff is 50% or less at fault, they can recover damages, but the award is reduced by their percentage of fault. If the plaintiff is more than 50% at fault, they are barred from recovering any compensation. 

For example, if a driver is found to be 20% at fault for an accident and the total damages amount to $100,000, the driver can recover 80% of the damages, or $80,000.

Under Texas Civil Practice and Remedies Code §16.003, the statute of limitations for filing a car accident lawsuit in Texas is:

• Two years from the date of the accident for personal injury claims.
• Two years from the date of the accident for property damage claims.

If the deadline passes, victims generally lose their right to seek compensation in court.

Drivers in Texas are required to report a car accident if:

• The accident results in injury or death.
• Property damage exceeds $1,000.

The report must be filed with the Texas Department of Transportation (TxDOT) within 10 days if law enforcement did not investigate the accident at the scene.

Common Causes of Car Accidents

Car accidents occur for a variety of reasons, such as the following:

• Distracted Driving: Distracted driving happens when a driver’s attention is diverted by texting, adjusting controls, eating, or talking to passengers. This delay in reaction time increases the risk of collisions and often leads to severe accidents.
• Speeding and Reckless Driving: Speeding reduces a driver’s ability to react quickly and increases the severity of collisions. Reckless driving, such as weaving between lanes or tailgating, endangers other drivers and often results in preventable accidents.
• Drunk or Impaired Driving: Driving under the influence of alcohol or drugs impairs a driver’s judgment, coordination, and reaction time. This dangerous behavior is a leading cause of fatal accidents and severe injuries.
• Aggressive Driving and Road Rage: Aggressive driving includes speeding, tailgating, and ignoring traffic laws, often leading to dangerous confrontations. When road rage escalates, drivers may take reckless actions that increase the likelihood of collisions.
• Running Red Lights and Stop Signs: Disregarding traffic signals or stop signs can result in high-impact collisions, especially at intersections. These accidents often cause severe injuries due to side-impact crashes or rollovers.
• Failure to Yield the Right-of-Way: Failing to yield properly when turning, merging, or at pedestrian crosswalks often results in collisions. Many of these accidents occur when drivers misjudge distances or ignore traffic rules.
• Poor Weather and Hazardous Road Conditions: Rain, snow, fog, and ice create slippery road conditions and reduce visibility, making driving more dangerous. Drivers who fail to adjust their speed and maintain control often cause accidents in these conditions.
• Drowsy or Fatigued Driving: Drowsy drivers experience reduced focus, slower reaction times, and impaired decision-making. Fatigue-related accidents often occur after long hours of driving or when drivers ignore warning signs of exhaustion.
• Defective Vehicle Parts and Mechanical Failures: Mechanical issues, such as brake failure, tire blowouts, or steering malfunctions, can lead to loss of control and serious accidents. Regular maintenance and prompt repairs can prevent many of these incidents.
• Inexperienced or Teenage Drivers: Inexperienced drivers, especially teenagers, are more prone to making poor decisions and reacting poorly in emergencies. Their lack of practice and tendency to take risks often results in preventable accidents.

Why Choose Our Auto Accident Lawyers in Dallas?

Our Dallas car accident lawyers represent people injured in car accidents and family members of accident victims who have suffered catastrophic injuries or who have died from accident injuries. We charge no upfront fees, and we finance the full costs of litigation in pursuit of compensation for clients with personal injury or wrongful death lawsuits.

Our experienced litigators hold responsible parties accountable for wrongful acts, negligence, and defective auto parts. We collaborate with accident reconstructionists, medical experts, and engineers as necessary to construct a rock-solid case. Our goal is to recover the compensation our clients deserve for physical, emotional, and financial damages they have suffered in such accidents.

Let us help with your case. Call (844) 297-8898 to set up a free consultation with our Dallas car accident attorneys.