INJURED DUE TO A CAR ACCIDENT?
NO FEE UNLESS YOU COLLECT
- No Upfront Cost – Pay ZERO Fees of Any Kind Until After Your Case Settles
- We Guarantee $$ in Your Pocket Or Waive Our Attorney Fees
- Get Medical Diagnostics & Treatment if Injured in a Car Accident with $0 Out of Pocket
- And With Our Discounted 29% Contingency Fee, You’ll Get More $$ in Your Pocket Versus the Standard Personal Injury Attorney Fee of 33.3%-35%
FILL OUT THIS FORM TO REQUEST YOUR FREE CONSULTATION NOW
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I would recommend Mr.Joseph Morrison to my family and friends with good cognition
Not only do we offer the lowest fee, according to TopVerdict.com, our Dallas car accident attorneys obtained 43 TX “Top 50” personal injury settlements in the last 3 years. We will maximize your compensation, and you will pay ZERO until after your claim settles. Just call (214) INJURED now to talk to an attorney who cares, or use the form or chat feature on this page to request your free consultation.
Top Dallas Accident Lawyers Who Settle For More
YOU CAN TRUST OUR FAMILY TO FIGHT FOR YOURS™
When you’re hurt in a car accident, our skilled Dallas injury attorneys fight tenaciously to ensure the maximum available settlement while offering you the lowest contingency fee.
Mullen & Mullen is consistently recognized by TopVerdict for obtaining some of the largest accident injury recoveries in the entire state of Texas. Our stellar results allow us to offer a below industry standard 29% pre-suit contingency fee which means more money in your pocket. Our experienced local team has an incredibly strong work ethic and truly cares. We’ve been privileged to serve North Texas for over 40 years. This is our backyard. Call (214) INJURED now for a free consultation and some excellent advice.
What Defines the Best Car Accident Lawyer in Dallas?
What makes an attorney or firm top rated or the best? We say it’s the results they achieve. According to TopVerdict.com, Mullen & Mullen has obtained 43 “Texas Top 50 Personal Injury Settlements” in the last three years. This proves we are among the very best at what we do.
As a matter of fact, in 2021, we achieved 19 of Texas’s “Top 50” settlements – and all were for motor vehicle accidents. One of our cases made the Top 10 list, eight made the Top 11-20 list, and ten made the Top 21-50 list. That’s why we can say with 100% confidence that we’ll get you more if injured in a car wreck – and we offer the lowest contingency fee.
A Message From Our Managing Partner
“We handle cases the way we’d want our own case handled.”
Our family has been representing auto accident clients in Dallas and North Texas for over 40 years. In that time, we’ve seen everything under the sun. I encourage potential clients to compare our many decades of experience and local track record to any firm in the metroplex.
Surprisingly, many attorneys still use medical bills to determine case value. Two times this or three times that. At Mullen & Mullen, we believe cases are about people – not medical bills. If someone has an injury that significantly changes his or her life, what does some arbitrary amount of medical bills have to do with that?
I recall one case in which our young client underwent an emergency surgery. We were able to reduce his medical bills to roughly $160,000.00. Our accident attorneys tenaciously recovered full remaining policy limits under three different policies – over 2.6 million dollars – without having to file a lawsuit. This recovery was over 15 times his negotiated medical bills.
Some clients have minimal medical bills but suffer significant injuries. We sometimes strategically opt to not claim past medical bills as damages in these situations. This strategy allows us to prevent insurance companies from anchoring your total damages to your medical bills.
Those bills have no correlation to non-economic damages that truly matter such as pain and suffering, mental anguish, and physical impairment. At Mullen & Mullen Law Firm, our car accident attorneys value how clients’ lives are truly impacted. We’re not fixated on some arbitrary amount of medical bills.
We take a lot of pride in how our firm handles cases. We won’t recommend a settlement to any client for anything less than what we’d tell a good friend or family member they should settle for. You may be facing one of the hardest times in your life right now. We believe it’s our duty to take you by the hand and work through the challenges while protecting you every step of the way. You can trust our family to fight for yours.
Shane Mullen, Attorney at Law
Our Results Speak For Themselves
(GROSS SETTLEMENTS BEFORE FEES & EXPENSES)
We have achieved numerous multimillion-dollar settlements across all practice areas, but we are restricted from displaying some very large results due to settlement confidentiality. Here are a few recent results without confidentiality agreements:
- $4,000,000.00 Wrongful death involving auto accident
- $2,978,104.95 Motor vehicle accident
- $2,550,000.00 Motor vehicle accident
- $2,550,000.00 Client needed surgery after an automobile collision
- $2,024,050.73 Client hit by a drunk driver and sustained a TBI and multiple broken bones
- $1.3 million Client hit by commercial driver who sustained a TBI
- $1 million Client hit by inattentive commercial driver
- $1 million Client hit by negligent commercial motorist
- $978,569.77 Client hit by commercial driver
- $996,292.00 Client hit by truck driver
- $960,576.60 Commercial driver hit by another commercial driver
- $954,543.87 Commercial driver hit by another commercial driver
- $925,000.00 Client hit by a distracted driver
- $845,000.00 Client hit by truck driver
CLICK HERE TO VIEW MORE RESULTS
Why Choose Mullen & Mullen Law Firm?
Shane V. Mullen, Managing Partner
Managing Attorney, Shane V. Mullen has been handling car accident cases for 21 years. He is “Top Rated” by Thompson Reuters who named him as a Texas Super Lawyer 3 consecutive years. Shane is also a lifetime member of both the Million & Multi-Million Dollar Advocates Forums, solidifying his expertise in handling significant cases. He is also an esteemed member of Rue Ratings’ Best Attorneys of America, further attesting to his exceptional legal prowess. Shane brings hard-won, battle born knowledge to your case.
Joseph R. Morrison, Senior Associate
With 18 years of car accident experience, Attorney Joseph R. Morrison has established himself as a highly skilled legal professional. Notably, he served as counsel of record in a case that garnered recognition from VerdictSearch.com as a top 5 Premises liability (slip and fall) settlement in Texas. The defendant in this case was a Fortune 500 company with an annual revenue exceeding 11 billion. The specific case, Jeffrey Young v. ConAgra Foods, Inc., showcased Joe’s exceptional abilities in achieving favorable outcomes.
Joe is a distinguished member of The National Trial Lawyers: Top 100 Civil Plaintiff Trial Lawyers, solidifying his standing among the nation’s most esteemed legal practitioners. Furthermore, his membership in both the Million & Multi-Million Dollar Advocates Forums further attests to his expertise in handling substantial cases.
Regis L. Mullen, Founder
Our Founder, Attorney Regis L. Mullen, has 56 years of car accident experience. Regis received his Admission to practice law in 1967. Previously a Litigation Supervisor at Allstate Insurance Company, he knows all the tactics liability carriers use to deny or reduce personal injury settlements. Drawing upon his profound comprehension of the inner workings of the insurance industry, Regis established a law firm dedicated to meeting the legal needs of injured individuals in North Texas.
Skills & Expertise
We’ve been in business in Dallas for over 40 years, and our three attorneys have 95 years of combined experience. Mullen & Mullen has recovered over $750 million in gross settlements for clients right here in North Texas. We have a proven track record of winning every type of accident claim you can imagine including car accident cases. Nothing demonstrates this better than our lawyers having won 19 of the “Top 50” accident injury settlements in Texas in 2021. We have been featured in both Newsweek and Forbes. Mullen & Mullen has the expertise to develop a strong case that is strategically designed to protect your rights.
Diagnostic & Medical Treatment with Delayed Billing
Mullen & Mullen can help you obtain the medical care you need and deserve with billing delayed until after your claim is settled, even if you don’t have health insurance or can’t afford your deductible. For over 40 years our firm has cultivated relationships with leading medical professionals and institutions in Dallas (and across the whole state of Texas) who specialize in treating people hurt in accidents. Many doctors won’t even treat car accident victims for fear of getting dragged into lengthy litigation.
We have well-established relationships with medical providers of all types: pain management physicians, orthopedic surgeons, neurosurgeons, anesthesiologists, neurologists, physical therapists, chiropractors, counselors, hospitals, surgical centers, diagnostic facilities, pharmacies, and more.
We can help you receive the care you need, and the providers will wait for the case to settle before they get paid so you can focus on recovering from your injuries.
Don’t trust the insurance company when they call you up right after an accident to try and settle. First, you haven’t had diagnostic testing yet, and second, you don’t have any idea how much medical care you’re going to require. Most people have a good attitude and think they’re probably fine and might just be sore for a few days, but that’s not always the case. If you accept a quick settlement, it might be nowhere near enough to even future healthcare costs. If your injuries turn out to be serious and permanent, it won’t be nearly enough to compensate you for pain and suffering, physical impairment, mental anguish, and other non-economic damages you are entitled to under the law.
Personalized Approach
Mullen & Mullen’s lawyers will help you navigate any medical bills you’ve already accrued so you can most effectively get billers and collectors off your case. We’ll deal with the insurance company or companies, so you don’t make a mistake and find yourself cheated out of thousands or even hundreds of thousands of dollars. We allow you to focus on working through the physical and emotional trauma of your accident without added stress.
Thorough Investigation
At Mullen & Mullen, we employ our own accident investigators. You can learn about our senior investigator Michael Foster here. Most other firms contract these services out. It costs less to employ our own investigators, and we know the quality of their work and always get the information needed to win the most money possible for your injuries!
We leave no stone unturned when it comes to investigating your collision. When warranted, we conduct a comprehensive analysis of the accident scene, collect evidence, interview witnesses, download data from involved vehicles, and consult with accident reconstruction experts. By building a strong foundation for your case, our legal team strives to achieve the best possible outcome.
Strong Negotiators
Insurance companies often try to minimize their payouts, leaving victims without adequate compensation. Our skilled accident lawyers are adept at negotiating with insurance companies to ensure that your rights are protected. They know who we are and don’t like seeing we’ve become involved because we fight aggressively to pursue a fair settlement that covers your medical expenses, lost wages, property damage, pain and suffering, and any other damages you may be entitled to.
Trial-Ready Representation
While in every case we strive to reach a favorable settlement through negotiations, we never hesitate to recommend litigation when it is necessary to maximize YOUR compensation. Our attorneys, and those we associate with, have a proven track record of success in the courtroom. We will not hesitate to litigate your accident case and fight for your rights in front of a judge and jury.
Client Satisfaction
Our top priority is your satisfaction. We prioritize open and transparent communication, keeping you informed about the progress of your auto accident claim and promptly responding to your questions and concerns. We are dedicated to providing you with peace of mind during this challenging time.
Areas of Expertise
- Big truck and commercial vehicle accidents
- Rear-end collisions
- T-bone accidents
- Head-on collisions
- Hit and run accidents
- Drunk driving accidents
- Distracted driving accidents
Hundreds of 5-Star Reviews
I was hit by a commercial vehicle. Erica, my paralegal, and Shane, my attorney were wonderful. They made sure all my medical needs and expenses were taken care of. I have recovered from my injuries. Shane is a great attorney, and I was awarded the maximum. I highly recommend this law firm. They were very professional & Shane sincerely cared about me. -Josie Gonzalez
We were about to give up on an insurance claim, but we were lucky enough to contact Mullen & Mullen for their help. Without hesitation they gave us the help and support we needed. Joseph Morrison was so professional and patient along with the rest of the staff. The outcome exceeded our expectations. -Debra Neuls
I contacted Mullen & Mullen because the insurance company of the at fault company was impossible to deal with. The at fault party’s insurance company was very SLOW at everything they did. Very uncaring too. In fact, they were so slow, that if they were any slower, I would think the adjuster could possibly be in a coma. I contacted Mullen & Mullen. I told them what happened, and they immediately went into action. First getting me the medical help I needed, then contacting the at fault party’s insurance company. Boy did they change their tune when they found out I had Mullen & Mullen on board. The insurance company was very slow about getting me a rental vehicle. My F-250 truck was totaled from the impact. They had me a rental right away. No questions ask. The main thing was Mr. Mullen saw that I received the treatment I needed. They called periodically to check to see how I was progressing. They updated me with the status of my claim as things progressed. I couldn’t ask for any better treatment. They really care about their clients. That was very refreshing especially in the world we live in today. Mr. Mullen, I want to publicly thank you and your firm for everything you all did for me. I appreciate you guys more than words can describe. I highly recommend Mullen and Mullen if you ever are in a serious accident. –Clifford Arnett
Mullen & Mullen was very helpful in making sure I received the maximum amount of money for my claim. They consistently kept in contact with me and made sure I was kept at ease during a very overwhelming situation. They are very well versed and have all of the experience and knowledge necessary to negotiate your claim and get you the top dollar settlement! -Nnena Symone
My fiancé and I were hit by an uninsured motorist in July of 2020. We were recommended to Mullen & Mullen by a close friend. I am SO GLAD we went with Mullen & Mullen. They consistently updated my fiancé & I on our case. They also answered my numerous questions I had about this process, and they fought to ensure we got the compensation we deserved. I highly recommend Mullen & Mullen. -Chrissy Jackson
After the auto accident I was in, I was unsure as to whether to retain an attorney. After speaking with Shane Mullen, I was convinced that the only way to go was to use them as my attorney. I am more than satisfied with the outcome. He was straight up with me from the beginning and all the way to the end. If you need to retain personal injury council, there’s none better than Shane Mullen. -David White
Contact Mullen & Mullen for a Free Consultation Today
If you were injured in an auto accident in Dallas, don’t delay seeking legal representation. Contact us today to schedule a no-obligation, free consultation. We work on a contingency fee basis, which means you don’t pay any legal fees unless we win your case. Just call us at (214) INJURED or use the form below now to take the first step towards recovery.
Do You Really Need a Lawyer After an Accident?
A car accident can be a life-altering event. Don’t short-change yourself by not hiring an attorney to represent your best interests. Injured victims usually incur substantial medical expenses and are often forced to miss work while they recover from their injuries.
Even soft tissue injuries or whiplash can cause significant financial hardship. You should not be forced into debt or even potential bankruptcy because you can’t afford medical treatment.
The insurance companies don’t care about how hurt you are or the impact the accident has had on your life. Insurance companies exist to make profits for their executives and shareholders. The job of the insurance adjuster assigned to your accident case is to get you to accept as little as possible to release your claims against the negligent driver.
In fact, the claim adjuster’s dream scenario is that you say something they can use against you to deny your claim completely.
Retaining our counsel levels the playing field and allows you to focus completely on recovering from your injuries. The attorney fee is contingent meaning we only earn a fee if you receive compensation.
One major insurance company’s report states that claims represented by a lawyer settle for 2-3 times more than those with no legal representation. Many of our claims yield 10-15 times more.
Our role, as your attorneys, is to represent YOUR best interests.
We assist motor vehicle accident injury victims in navigating the legal process and help them to pursue their legal rights.
As dedicated advocates, we are committed to:
- Assisting you in obtaining loans for financial relief, should you require them.
- Ensuring that you receive the medical treatment you need and deserve without any upfront costs.
- Offering a discounted contingent attorney fee of 29% of the gross recovery for claims that do not require litigation, compared to the industry standard fee of 33.3%-35%.
- Providing in-house accident investigators at no additional cost to you. While many firms hire investigators and pass on the costs to clients, we have dedicated investigators on our team and offer their services without any charges. This approach allows us to maximize your compensation even further.
Other Things We Do For You
Investigating the Accident
Our accident investigators will conduct a thorough investigation of the accident to determine who was at fault if necessary. They gather evidence, such as witness statements, police reports, and photographs of the accident scene, to build a strong case on your behalf.
Evaluating Damages
Your lawyer will help you understand the full extent of your injuries and the potential costs associated with your specific injuries. We will work with medical experts to evaluate the long-term impact of your injuries and ensure that you receive compensation for all losses including medical bills, lost wages, pain and suffering, mental anguish, impairment, and all other non-economic damages you are entitled to.
Negotiating With Insurance Companies
Our lawyers are skilled negotiators and will go toe-to-toe with the insurance company to obtain a fair settlement for your injuries and losses. We can help you navigate the complex insurance claims process and ensure that you receive the compensation you deserve.
Representing You in Court
If necessary, our attorneys can represent you in court to ensure that your legal rights are protected. We will present evidence, cross-examine witnesses, and make persuasive arguments on your behalf.
Providing Support and Guidance
Your lawyer can provide you with the support and guidance you need during this difficult time. We will answer your questions, provide legal advice, and ensure that your case is handled with care and compassion.
Our attorneys are an invaluable asset if you have been involved in a car accident. We will help you understand your legal rights, pursue the compensation you deserve, and provide you with the support and guidance you need during this challenging time.
The biggest mistake you can make is handling your accident claim on your own.
Yes, we are going to get part of your compensation, but even so, we will put way more money in your pocket than you could ever hope to negotiate on your own. We work hard on your behalf to earn our cut and pay for ourselves. At Mullen & Mullen, we pride ourselves on achieving as many full policy limits settlements as possible.
Settle for More with Mullen & Mullen. Call us to Get Your Free, No-Obligation Consultation Today!
General Overview of Motor Vehicle Collisions
An accident occurs when one or more vehicles collide with each other or with a stationary object, such as a tree or building. They can be devastating and cause significant injuries to drivers, passengers, and pedestrians. Collisions can be caused by a wide range of factors, including driver error, vehicle malfunctions, road conditions, and weather.
Most Common Types of MVAs
Rear-end collisions
These occur when a driver hits the vehicle in front of them.
Head-on collisions
These occur when two vehicles collide with each other from opposite directions. This type of collision has an impact double your driving speed. So, if you’re going 45 mph, you experience the consequences of a 90-mph accident. Drunk driving, distracted driving, drowsy driving, and unsafe passing frequently cause head-on collisions. Fatalities often result because the driver doesn’t have time to react. Drunk or fatigued drivers, for example, don’t swerve or brake. Spinal cord injuries, permanent paralysis, broken bones, soft tissue injuries, traumatic brain injuries, loss of limbs, and knee, hip, and leg injuries result.
Side-impact collisions
Also known as T-bone accidents, these occur when a vehicle is hit from the side by another vehicle. This type of accident usually results from someone merging into another’s lane, running a red light, or making a driving error at an intersection and frequently causes serious injuries. Head, neck, chest, pelvis, abdomen, and limb injuries can result. Traumatic brain injuries can happen. Fatalities are also common.
Rollover accidents
These occur when a vehicle flips over onto its side or roof. Rollovers happen and don’t necessarily need to involve another driver. Something as simple as a pothole can be enough to cause you to lose control and roll your car. Another car running into you may cause you to swerve to dodge them and roll over your vehicle. You can suffer any type of injury, ranging from none to a broken spine or fatality.
Single-vehicle accidents
These occur when a vehicle crashes into a stationary object or goes off the road.
Multi-vehicle accidents
These occur when multiple vehicles are involved in an accident. While rare, you hear about these on the news because they’re so exceptional and they make for an attention-getting news story. They happen because of speeding, tailgating, distracted driving, drunk driving, failure to yield, road rage, negligent entrustment, and reckless driving. This type of accident is particularly deadly because of the entire mass of crumpled vehicles. This makes escape difficult. And if victims do escape, sometimes they get hit by more vehicles entering the pileup. A single car, for example, may get crushed by several collisions. Many fatalities and all the severe injuries you’ve read about in other accidents can happen in multi-car pileups.
Hit and Runs
Texas law requires you to stop and render aid if you find yourself involved in an accident. Some motorists fear the consequences of their actions so much that they simply leave the scene and hope to never be caught. Maybe they don’t want to be arrested, can’t afford having their insurance rates going up, or maybe they just panicked. Hit-and-run accidents can have simply minor damage and may not cause you any physical or emotional harm. But they can also be quite severe and may result in injuries that take weeks or months to heal from. And they can result in fatalities too.
Common Types of Injuries Sustained in Vehicle Accidents
In the experience of our attorneys, spinal injuries are exceedingly common in motor vehicle wrecks. These injuries can be soft tissue in nature or more substantial, such as a herniated disc and/or extruded disc. Symptoms such as numbness, tingling, shooting pains, or weakness can indicate a possible herniated or extruded disc.
Of course, wrecks can also directly lead to broken bones, fractures, and muscle tears.
Here are some of the common injuries sustained in motor vehicle collisions:
- Herniated Disc (lumbar or cervical spine);
- Extruded Disc;
- Soft tissue injuries;
- Whiplash;
- Facet Syndrome (lumbar or cervical);
- Torn meniscus;
- Torn rotator cuff;
- Broken ribs;
- Occipital neuralgia;
- Concussions & other head injuries;
- Broken & fractured bones;
- Other Muscle Tears;
- Scarring or disfigurement;
- Increased anxiety or depression;
- PTSD;
- Joint injuries;
- Shoulder derangement;
- Knee damage;
- Wrongful death.
Theories of Liability in Motor Vehicle Accident Cases
Our lawyers will carefully analyze your case and determine the proper theory or theories of liability to assert in support of your injury claims. The most common theories of liability are:
Negligence
The vast majority of accidents occur due to the negligence of one of the drivers involved in the wreck. Our attorneys will argue that the at-fault motorist failed to meet the standard of reasonable care. All motorists are expected to behave as a reasonable driver would behave under like and similar circumstances. For example, a driver who is texting, inattentive, and fails to yield the right-of-way would not be exercising the duty of reasonable care.
The insurance adjuster could attempt to argue that you were comparatively negligent for causing the wreck. In other words, they could attempt to argue you were partially at fault – even if the police report is 100% in your favor. They could argue you had the last clear chance to avoid the accident and weren’t paying attention either. It’s important to remember that you are entitled to damages if you are 50% or less responsible for the accident. The damages awarded, however, would be reduced by your percentage of fault.
Manufacturer Liability
This theory can be asserted if a defect in either vehicle involved in the wreck caused the accident. This type of case require extensive use of experts and is usually only asserted when an injured party has suffered debilitating injuries or the accident results in the loss of life. Seatbelts, airbags, accelerators, brakes, and engines are the most common defective parts.
Road Design
This theory can be asserted in cases such as a defective traffic signal, missing signage, unsafe guardrails, or special defects in the roadway. Most of these cases involve government entities and require that prompt notice of claims be filed with the applicable city, county, government agency, etc. In fact, sometimes the notice of claim must be asserted within 30 days of the motor vehicle accident.
Wrongful Death
If your loved one was killed in a car wreck due to the negligence or recklessness of another driver you can pursue a wrongful death lawsuit. It is important to examine what family members have claims and to work with an attorney who can properly decide whether wrongful death or survivorship claims should be emphasized.
Respondeat Superior
Texas recognizes the doctrine of Respondeat Superior. Employers are responsible for the negligent acts of their employee while the employee is in the course and scope of employment. For example, if you were involved in an accident with an XYZ Construction vehicle, the employee operating the vehicle and XYZ Construction would both be proper Defendants and liable for your damages.
Negligent Entrustment
If the owner of a motor vehicle entrusts the vehicle to an unlicensed or incompetent driver the owner may be held liable for your injuries under the theory of negligent entrustment.
Damages You May Be Entitled to After a Car Accident
Texas law allows you to be compensated for “economic” and “non-economic” damages. To start, learn about the economic damages you can recover when someone else is at fault for the injuries you sustained in your car accident:
Medical Expenses
The other driver is responsible for the reasonable and necessary medical expenses you incur as a result of their negligent behavior. This includes therapy sessions, adjustments, massage, medical devices, consultations with doctors, any necessary imaging (CTs and MRIs), pain management, surgery, or any other medically necessary services. Insurance companies often try to argue at least some of your medical expenses were “unreasonable” or “unnecessary.” They pay doctors to come up with elaborate explanations as to why. They may also try to say you have a “pre-existing” condition.
Future Medical Expenses
You can recover the cost of any future medical care you will require over the course of your lifetime;
Lost Wages
Based on the severity of your injuries, you’ll lose a certain amount of time at work. You can recover compensation for all that lost time.
Loss of Earning Capacity
The accident may leave you unable to perform your work to the full extent you did prior to the wreck. For example, if you were a warehouse worker making good money and your injuries left you unable to lift 20 pounds you would have to transition to a new sedentary career – a desk job. If you had no prior experience in an office environment the new position would likely be at a significantly reduced salary. You are allowed to seek the difference in those earnings over the course of your lifetime as damages.
Non-Economic Damages
Non-economic damages are more subjective in nature and are designed to compensate you for the impact the car accident has had on your life. These damages include:
Pain and Suffering
This compensation applies to the physical pain and suffering you receive from your injuries following your accident. You can seek damages for pain and suffering you experienced in the past as well as for pain and suffering you will continue to experience in the future. The severity of your injuries will be the prime consideration.
Mental Anguish
This covers things like fright, worry, grief, self-pity, and any other mental suffering you experience as a result of your accident. Victims often experience emotional pain and emotional trauma following a serious accident. You can seek damages for mental anguish in the past as well as future.
Physical Impairment
This compensation applies to physical limitations caused by the accident. For example, if a car accident left you physically unable to bend or stoop as you once could. Another example would be walking with a limp. You are entitled to recover for both past physical impairment and future physical impairment. It is usually wise to get an Impairment Rating from a doctor when you have concluded your treatment.
Loss of Consortium
If your loved one was harmed or killed in the accident, this compensation covers the loss in relationship you experience. The feeling of companionship, sexual relations, affection, and comfort can be compensated.
Punitive Damages
These damages punish the at-fault party or parties for their behavior. Generally, their actions must be malicious and egregious to the point where it makes sense to punish them severely so that they don’t engage in the behavior again. These damages are difficult to obtain but can usually be recovered in cases where the at-fault driver was drunk or under the influence of drugs. In DWI/DUI cases the at-fault driver’s actions are usually determined to have been reckless – not just negligent.
Different Types of Accident Claims
You may have several potential claims to set-up following your auto accident injury. You may be unaware of some sources of potential recovery following your loss. Listed below are a few of the insurance claims that may be available to you:
- Liability claim against the at-fault driver for negligently or recklessly operating a motor vehicle;
- Liability claim against the at-fault driver’s employer if the driver was in the course and scope of his or her employment at the time of the motor vehicle accident;
- Liability claim against the owner of the at-fault motor vehicle if the owner negligently entrusted it to an unlicensed or incompetent driver;
- Property damage claim for the amount of money needed to repair or replace your vehicle;
- Diminished value claim for the loss of value your vehicle sustains following a motor vehicle accident;
- Uninsured motorist claim through your car insurance carrier if the at-fault driver did not carry liability insurance coverage as required by law;
- Underinsured motorist claim through your own car insurance carrier if your injury damages or property damages will potentially exceed the at-fault driver’s insurance limits;
- Personal Injury Protection (“PIP”) / No Fault benefits through your own car insurance carrier for reimbursement of medical expenses and lost wages associated with your automobile accident; and
- MedPay / No Fault benefits through your own car insurance carrier to cover medical expenses incurred (subject to repayment if you obtain third-party funds).
- Underinsured motorist coverage (UIM) is first-party insurance meant to compensate car wreck victims if the at-fault driver or at-fault drivers did not carry sufficient liability limits.
- Like Personal Injury Protection benefits, you may be entitled to coverage if someone in your household has underinsured motorist coverage on their automobile policy.
It is exceedingly important that you obtain permission from your own insurance carrier to settle with the at-fault driver’s insurance carrier prior to accepting any offer the liability carrier makes. A failure to do so could result in you not being eligible for underinsured motorist proceeds.
Your car insurance company owes you a duty of good faith and fair dealing. If you present an underinsured motorist coverage claim and your insurance carrier denies it you may be entitled to file a lawsuit for bad faith insurance practices.
Uninsured motorist coverage (UM) is important if the person that collided with your vehicle did not have insurance or if you were involved in a “hit-and-run”.
It is important to remember that uninsured motorist coverage is only applicable if the at-fault driver made actual physical contact with your automobile. You are also able to file a bad faith lawsuit if your insurance company unreasonably denies your claim.
What You Need to Know about Insurance Companies
No matter how much they might advertise it, insurers are 100% not “on your side.” In reality, they spend the second most amount of money lobbying Congress and the Senate to write laws in their favor (right behind the healthcare industry). In 2021, for example, they spent $111 million doing so.
It’s no different right here in Texas. Remember that insurers spend a lot of time and money trying to get the rules of the game in their favor. How they treat injured victims is not right, so they try to make it legal! With that in mind, here’s what to know when interacting with insurance companies:
They record your calls to use what you say against you later on.
Yes, the recorded voice message says “Your call is being recorded for ‘quality assurance.” That might be partially true. But it’s also true that anything you say can and will be used against you.
Remember, insurers exist to make a profit. They have investors to report to. If they give those investors an unprofitable report, their stock price goes down. That could represent hundreds of millions of lost dollars.
This could lead to the CEO and upper-level executives losing their jobs. They obviously don’t want that to happen, so they create a system to delay, deny, and minimize claims.
Never relax when talking with adjusters.
Adjusters know that if they bully or intimidate you, it’s obvious what they’re up to. They know a more effective tactic is to appear super nice and honest, as though they’d never even hurt a fly.
Don’t be deceived! They know that if they can convince you that they’re really here to help, you’re more likely to let your guard down and start sharing information that hurts your claim. Suddenly, later on, they say they’re going to pay you less (or nothing at all) because you told them this, that, and the other thing. Don’t be their next victim!
Never sign anything fast, or without showing it to a lawyer.
Wow! The insurance company overnights you forms so you can sign them and get your check in just a few days. You’ve never seen them act so fast. Why is it that they’re acting so quickly now, but when it comes to paying at any other time, they take as long as possible?
They’re trying to get you caught up in the excitement of getting paid fast so you don’t investigate how much you should really get paid.
However, nothing in Texas law obligates you to take their offer or to respond quickly to it. You have two full years from the date of your accident to file a lawsuit if necessary. So, even if you’re pretty sure you have an offer you like, it’s worth your time to run the offer and associated paperwork by a lawyer.
The worst that happens is that you learn you have a good offer and to accept it as-is. Conversely, you may find out you could actually get much more than the insurer offers.
How Does the Insurance Claims Process Work?
After a car accident, your first step is to file a claim with the at-fault party’s insurer. They’ll ask you for proof regarding the severity of your injuries and the medical treatment you have retrieved so far.
Once they get that information from you, the insurer does their own investigation. They’ll ask you for further information regarding your accident. They’ll ask for:
- Photos of the accident
- The police report
- Witness contact information
They may also ask you to see a doctor of their choosing. And you can guess what they’re looking for. Though called “independent medical examiners,” their examinations are anything but independent.
Because these doctors make a lot of money due to the sheer number of patients insurers refer to them, they tend to make findings that favor the insurers. And of course, the more findings a doctor makes in their favor, the more business the insurer sends their way.
There’s not necessarily a written agreement. It’s an unwritten understanding. And you can bet insurance companies know exactly which doctors help them out most.
Texas law does not require you to see the insurer’s doctor. So don’t feel any pressure to do so if the insurer asks you. You can see your regular family doctor or any one of your own choosing.
Insurers can require you to see their doctor after you file a lawsuit. However, they must show “good cause.” And your attorney can place restrictions on what type of doctor you see and how they conduct their exam.
Once the insurance company has done all the investigation, they feel necessary, they’ll come back at you with an offer. You have three choices at that point:
- Accept the offer
- Make a counteroffer
- Talk to an accident lawyer to ensure you have a fair offer
Insurer Not Treating You Fairly? Call (214) INJURED to Get Your Free, No-Obligation Consultation Today!
How Do Money and Compensation Work?
You need a certain amount of money to maintain your quality of life. And the at-fault driver should have to compensate you for that. Because, if they had been driving responsibly in the first place, you wouldn’t have the injuries, pain, suffering, and loss of quality of life that you do.
How Much Can You Expect to Recover?
Make no mistake about it: much of this depends on the skill and personal concern of your lawyer. While you can interview dozens of car accident lawyers in the Dallas area, they generally fall into three categories:
Settlement Mills
These law firms are all over your television and seem to have billboards everywhere they can find. They have fast, catchy advertisements. And they sell stories of clients who win big chunks of cash. They seem convincing.
But the problem is volume firms have an incentive to ram cases as quickly as possible through the settlement and legal process so they can quickly cover their huge monthly marketing budget and overhead. Your case may not get the individual attention it needs and deserves to ensure you receive the compensation you deserve.
Do some of these accident victims get big settlements? Yes. However, the typical person likely gets less than they should, and a lot of these firms use high pressure to get you to “act now”.
Large, Impersonal Firms
These firms aren’t as focused on processing your claim as fast as possible. But the nature of their process still puts you at risk. They’ll have you meet with an experienced senior attorney before handing off all the real work to an inexperienced junior attorney and paralegals. A junior attorney may even do the arguing in court, if it becomes necessary. Make sure to ask the lawyer who does all the real work on your claim and see how they answer your question.
Small Firms Focused on Personal Relationships
These firms have just a few lawyers and a small team supporting them. Rather than focus on volume, these firms take on a limited number of cases. That means your case gets the specialized time and attention it deserves. Ultimately, that leads to you having the best chance possible of recovering the most compensation for your injuries.
You can recover compensation for all financial losses related to your accident.
This includes:
- All past, present, and future lost income (lost earning capacity),
- Medical bills in the past, present, and future
In-home care costs, - Damage to your vehicle,
- Diminished value of your vehicle
You are also entitled to compensation for non-economic damages some of which include:
- Mental anguish (past and future),
- Physical impairment (past and future),
- Pain & Suffering (past and future),
- Disfigurement,
- Punitive damages,
- Loss of household services performed by the injured party,
- Loss of companionship.
This not an exhaustive list and your attorney should carefully review your case to ascertain all available damages under the facts and circumstances of your case.
How Do Insurers Determine What They’ll Pay You?
Obviously, this is a heavily biased process. As you’ve learned, insurers pay an army of lobbyists to get laws written in their favor in the first place. That gives them the basis for paying you less than what’s right. And, of course, they’ll do everything in their power to minimize what they should pay you, hoping they can even get away without paying you anything at all.
Insurance carriers routinely pay third-party companies to audit medical bills or audit the bills themselves.
Spoiler: No matter what your medical bills are the carrier – or the third-party company that gets the majority of their business (if not all) from the carrier – will say they are too high. Further, they will argue that at least some of the treatment (if not all of it) you received was not reasonable or necessary.
Carriers will usually only consider lost wage damages if you have a letter from your treating provider specifically indicating that you cannot work and why.
Once they have reduced your economic damages as low as possible, the carrier usually offers some amount of “general damages” based off some proprietary computer software heavily influenced by billing or diagnostic codes.
Spoiler: They will use a robot to insulate the adjuster from having human emotion towards you in arriving at damages for pain, suffering, mental anguish, impairment, etc. They want you to just be a number. Simply words on paper. Pretty wild, right?
Defenses Insurers Might Use to Reduce Your Claim’s Value
The largest insurance companies are worth billions. And they don’t get there by writing checks. They work hard on writing the rules of the game by lobbying lawmakers at the state and national levels. And short of that, they’ll push you around as much as they can, so they pay as little as possible.
These are the common defenses they’ll use to reduce what they owe you:
You had some fault for your injuries
Texas follows the “comparative negligence” rule. That means you can be held partially at fault for your injuries. And, if you are more than 50% responsible for your injuries, you don’t get any compensation at all.
So, for example, if you are found to be 25% of the reason you were in an accident, then your compensation is reduced 25%. If this is the case, then you can’t do much about it. However, as you might expect, insurers may try to say you had partial fault when in fact you had none.
Some other party was responsible
Insurers will try to place some or all the fault on someone other than their driver. This could be another driver. It could be the manufacturer of an auto part they claim to be defective. Or it could be a government entity who they claim didn’t maintain the street properly. They’ll check every possibility to try to dodge payment.
You had a pre-existing condition
The insurer may also try to say that the accident didn’t cause your injuries. In fact, they claim, you have a pre-existing condition. You can’t recover compensation for a pre-existing condition. However, if the accident exacerbated your injuries, you can get compensation for the extent to which it did so.
You failed to minimize damages
Legally, this is called “failure to mitigate damages.” The insurer may try to show that you failed to take actions that would have led to the least losses possible.
For example, you failed to see a doctor at all. And if you would have, your injuries would not be as severe as they are. As a result, the insurer shouldn’t have to pay you for how much you made your injuries worse.
Expired statute of limitations
In Texas, you have two years from the date of your accident to file your lawsuit. If you fail to do so, you cannot pursue that claim ever again. Even if you’re in the middle of the negotiations process, this could pass and come in as a viable defense for the insurer.
You knew, or should have known, the situation was dangerous
This is called “Assumption of Risk,” the insurer may say you entered an obviously dangerous situation. As a result, you, and not the insurer, are responsible for your injuries. For example, you choose to drive in an area marked with a “No Trespassing” sign.
You experienced minimal property damage
Insurers may look at the extent of the damages to your vehicle and then claim that there’s no way the accident could have caused the injuries you’re experiencing. We can come back with the counterargument that your body, not the vehicle, absorbs most of the damage in an accident.
Gaps in medical treatment
This one has become especially popular because of COVID-19 making consistent medical treatment more difficult to get. However, we can easily counter it by saying that you were trying to “tough it out.”
Intentionally misleading questions
The insurance company’s claims adjuster asks questions with the intent of gleaning information to use against you. They may ask questions with no “right” answer. They may also ask questions in intentionally confusing or misleading ways.
Insurer Making You an Unfair Offer? Call (214) INJURED to Get Your Free, No-Obligation Consultation Today!
What if You Had an Accident with an Uninsured or Underinsured Motorist?
If you’re involved in an accident with one of the 4 million uninsured vehicles in Texas, or one of the many underinsured motorists, you don’t have to panic. More than likely, you have insurance coverage for this situation. Texas law does allow you to sign a waiver saying you don’t want this type of coverage. But few people do that (for obvious reasons).
In some cases, the uninsured driver will have enough personal assets to cover the damages they caused. Sometimes, they simply forget to renew their auto insurance.
But in most situations, the uninsured driver has such little money available that they can’t afford their car insurance. And even if you were to win a lawsuit against them, they’d never pay. So, the best thing you can do is file a claim with your own insurance company because they offer some uninsured motorist coverage.
However, your insurance company doesn’t want to pay any more than they have to either. And so, they’ll put you through all the same difficulties the at-fault driver’s insurer would.
This is where an experienced car accident attorney becomes valuable. One can help you uncover the financial situation of the other driver. And they can help you figure out how to navigate the situation should they not have the money necessary to compensate you for your injuries.
How Long Does it Take to Get a Settlement Offer?
Many accident claims can be resolved within a few months. However, the specific facts surrounding your situation affect just how long it will take to recover financial damages.
Those include:
Your Injuries
It’s wisest to wait until you have reached a point of “maximum medical improvement” before accepting a settlement. This is the point where your doctor says your injuries will not improve further.
The reason to wait this long is because it’s important to know the full value of your medical expenses, as well as the potential value of your future medical expenses. Otherwise, you could be trapped in a situation where you have high medical expenses you can’t pay.
The reason to wait this long is because it’s important to know the full value of your medical expenses, as well as the potential value of your future medical expenses. Otherwise, you could be trapped in a situation where you have high medical expenses you can’t pay.
The Insurer
Different insurance companies negotiate your claim in varying ways. This can be longer or shorter, depending on the company.
- If you have a lawyer – If the insurer knows you don’t have a lawyer, they may wait if they can to make an offer. They do this because they know that more than likely you have rising expenses you can’t pay. This slowly puts more pressure on you to accept whatever offer they make, even if it’s way lower than what you should get. Therefore, it makes sense to involve a lawyer as fast as you possibly can.
Recover Fair Compensation! Call (214) INJURED to Get Your Free, No-Obligation Consultation Today
What About Accidents Involving City or Government Officials?
Do legal processes and rules change when you get in an accident with a city, county, school, or government vehicle?
They do. And unfortunately, things become a little more difficult. It is imperative that you provide “Notice of Claim” exactly in the manner prescribed by the state / county / city within the applicable time period. This time period is typically 6 months but some municipalities provide for as little as 90 days. Contact an attorney as soon as possible in one of these situations. If you fail to proceed correctly your claim could forever be barred. In addition, claims against these entities involve various caps on damages.
This sounds unfair, but it is the way that it is. When our nation was first formed, it adopted England’s policy of “sovereign immunity.” At its most basic level, this means that a land’s ruler cannot be sued. In 1969, the Texas Tort Claims act was passed to allow lawsuits for accidents involving government vehicles or ones which happen on government land.”
Common Myths & Misunderstandings About Accident Claims
You probably understand that law doesn’t always work the way you think. That’s one of the reasons why you’re looking for a lawyer representing you. That’s a wise move on your part. Here are some things that many of our clients commonly misunderstand when first approaching us about their claim:
The at-fault party doesn’t necessarily owe you money for all your medical care.
Texas law says someone owes you for “reasonable” medical bills and healthcare. And of course, insurance companies work hard to use this to their advantage.
You’ll need to spend a lot of time in court.
More than likely, you’ll never set foot in court. That’s because Mullen & Mullen settles most claims without having to file a lawsuit. In the rare event you do have to go to court, skilled litigators do most of the talking. If you do have to testify, your counsel will make sure you are fully prepped beforehand to best respond to questions.
You’re wasting your time talking to a lawyer if you have minor injuries.
Some accident injuries don’t show their full effects for days or weeks. Whiplash and traumatic brain injuries, for example, can fall into this category.
Even if you have seemingly minor injuries, you’re wise to talk to a lawyer. The worst you’ll find out is that you do in fact have just minor injuries and won’t need to proceed with action against the at-fault party’s insurer. But you could also find out that you should get much more compensation than you initially thought.
You’re greedy or filing a frivolous lawsuit.
The news media love to only bring forth the most sensational legal stories because they garner the most attention. And so, when it comes to legal claims, you frequently only hear about completely ridiculous cases.
This then leads many accident victims to believe that all legal claims are based on greed or frivolity. While a tiny fraction of cases are insane, the vast majority simply seek fair compensation for injuries and damages caused by another party. If someone else’s negligence causes you harm, why shouldn’t they take responsibility and pay for it? It’s only fair that you get compensation for someone else’s poor choices.
Your claim will take years to resolve.
It’s true that some claims get that complicated. However, many resolve within just a few months. It really depends on the facts surrounding your claim and the evidence the insurer thinks they must dispute the amount of compensation you’re seeking.
Insurers won’t pay.
It’s true that insurers don’t like to pay. And they don’t want to pay any more than they have to. But they still must pay. And a big factor in what they end up paying lies in the skill and experience of your lawyer.
The other party doesn’t have enough money to pay.
In most cases, at-fault parties do not have the cash available to pay. But that’s why they carry insurance, which does have the money to pay. It’s rare, but it does happen when the other party doesn’t have the cash or the insurance in place to pay. However, that’s where your uninsured / underinsured motorist coverage applies.
You shouldn’t file a claim against a family member or friend.
You shouldn’t file a claim against a family member or friend. No one wants to put intense strain on a close relationship. But, if you’re injured and have costs, who should have to pay for your injuries? A lawyer can make dealing with the issue a lot less stressful for you because they can take care of all the communication.
You should wait until your injuries heal before filing a claim.
This is about the worst thing you can do if you want to recover full compensation. Evidence can be lost or destroyed. The insurer can question how injured you really are or the true source of your injuries. It’s always wisest to talk to an accident lawyer in Dallas as soon as you possibly can.
The insurer has already agreed to pay. You don’t need a lawyer. Insurers will happily agree to pay quickly as a strategy for not paying any more than they must. For example, they know you may also be entitled to payment for co-pays, out of pocket expenses, lost wages, loss of earning capacity, pain and suffering, mental anguish, and more. It’s true. You may not need a lawyer. But you’re wise to at least run your situation by one so that you know you’re compensated.
The insurer has already agreed to pay. You don’t need a lawyer.
Insurers will happily agree to pay quickly as a strategy for not paying any more than they must. For example, they know you may also be entitled to payment for co-pays, out of pocket expenses, lost wages, loss of earning capacity, pain and suffering, mental anguish, and more. It’s true. You may not need a lawyer. But you’re wise to at least run your situation by one so that you know you’re compensated.
Can’t I just take my claim on by myself?
In rare situations, you can. In most situations, it will be more beneficial to let a lawyer handle your case. For example, our lawyers recover on average 10-15 times more than what you would get on your own.
What if I already settled my claim with the insurer and suddenly realize I have more medical expenses I can’t afford?
Unfortunately, more than likely, nothing can be done at this point. When negotiating with the insurer, you likely signed a form that waived your rights to any further action or compensation.
I’m too busy. Can I wait to file my claim?
While technically you can, it’s not in your best interest. The longer you wait, the more evidence that becomes lost or destroyed.
Insurers can use any delays in action against you to question the true extent of your injuries. You also run the risk of running past the statute of limitations. This gives you two years from the date of your accident to file your claim. If you wait longer than that, you can no longer pursue compensation for your injuries.
Life will never be calm enough such that it feels like the right time to file your claim. And besides, our legal team does most of the real work for you so you can focus on your life and recovering from your injuries. Don’t trick yourself into never getting compensation for your injuries.
I already got an offer from the insurance company. I don’t need a lawyer.
Why is it that insurers suddenly can rapidly figure out how much money to pay you when they usually make payments of any kind as difficult and lengthy as possible?
They want to sucker you into taking a much lower amount than you would get if you hired a lawyer. There’s a small chance you did get a fair offer. But more than likely, it’s much less than you could get.
And it may not even cover the expenses that result from your accident. At least run your offer by a lawyer. The worst you can find out is that the offer is fair and that you should accept it.
If you have insurance, you don’t need a lawyer.
Make no mistake about it, your insurer doesn’t want to pay more than the at-fault party’s insurer. Let’s say the at-fault driver doesn’t have any insurance at all. Then you must file a claim under your own insurer’s uninsured / underinsured driver policy.
Just because you pay for that protection doesn’t mean that it covers what you think. You may still need a lawyer to get fair compensation from your own insurance company.
Holding out will get you a larger settlement.
Sometimes, this might be the case. Others, it may not be the situation at all. If you’re handling your own claim, understand that insurers may not even care if you hold out.
They may be leveraging your actions against you. They know that more than likely you don’t have the money to cover your injuries and financial damages. And so, they know pressure is mounting for you to take their offer, even if it’s unfairly low. Holding out may backfire on you. You’re always wise to at least run your claim by a personal injury lawyer. The worst thing that happens is that they tell you the insurer is being fair and to accept their offer.
The courts are too busy, and it will take too long to file your claim.
While it’s true the legal process is usually not a fast one, it’s certainly not true that courts are too busy to even hear your case. And for starters, because of our proven experience, only 10% of our cases even have a possibility of going to court.
And in many situations, a lawsuit is filed, but still settles before going to court. Remember that, while courts are busy, they exist to provide justice and resolve legitimate disputes. While you may not get your claim resolved in the time you hope, you’re still wise to hire an attorney willing to take your claim to court. Sometimes, it’s the only way to get fair compensation.
Lawyer’s fees will eat up most of your settlement.
It’s true that lawyers charge money for their services but good firms will increase the value of your case so that you personally do better even after paying an attorney fee. Mullen & Mullen guarantees no matter the amount of your medical bills, you will receive money in your pocket, or we’ll completely waive our attorney fees.
You will financially ruin the at-fault party.
You will financially ruin the at-fault party. It’s compassionate to think about how your claim could affect the other person. But understand that you won’t be ruining them financially. Their insurance will pay for their damages.
They might get canceled by that insurer. And they’ll likely have to pay higher premiums. It’s inconvenient. And costly. But they’ll be far from financial ruin. Also, if they don’t have insurance at all, they’ll likely get away without paying anything.
Most attorneys offer a free consultation. They’ll review your case and advise you of your legal options. If the attorney fees might eat up most of the money you would recover, ethical lawyers will advise you of that up-front.
Motor Vehicle Accident FAQs
You may have many questions about the legal process and how to pursue compensation for your injuries and losses. Here are some frequently asked questions about car accident cases:
How do you file an accident claim?
To file an accident claim, you should contact your insurance company as soon as possible. Provide them with the details of the accident and any relevant documentation, such as a police report. Your insurance company will guide you through the claims process.
Your insurance company, and the at-fault driver’s insurance company, may require you to provide a recorded statement describing how the car wreck occurred. Tricky insurance adjusters can ask confusing questions, misleading questions, or questions with no real “right” answer. They are looking for a reason to deny your claim. Legal counsel can make sure you are asked fair and relevant questions. We will still represent you, however, if you have already given a recorded statement, it may make it much harder.
When should you start the claims process?
You should begin setting up insurance claims with your automobile insurance carrier, and the at-fault driver’s carrier, as soon as possible. Don’t assume, just because the at-fault driver accepted liability at the scene, that you can delay setting up necessary claims. An at-fault driver will sometimes “magically” change their story once they contact their insurance company. The sooner you begin setting up your claims, the faster your car will be repaired or replaced, and the sooner you can recover initial medical expenses associated with any injuries sustained in the accident.
What are the minimum liability insurance limits in Texas?
The minimum car insurance liability limits in Texas are only $30,000.00 per person and $60,000.00 per occurrence. That’s why it is so important to discover all available first-party insurance proceeds you may be entitled to. If you and four passengers are injured in a car wreck, and the at-fault party carried only minimum limits, the most any single person could get is $30,000.00, and the most the liability carrier would have to pay out in total is $60,000.00. Of course, some at-fault drivers will have an insurance policy with significantly higher limits.
What damages can I recover?
The damages you can recover can include medical bills, lost wages, pain and suffering, and property damage. An experienced lawyer can help you accurately assess the full extent of your damages.
How long does a case take to resolve?
The length of a case can vary depending on the specific circumstances of the case. Some cases can be resolved through negotiations with insurance companies, while others may require litigation. An experienced lawyer can give you a better idea of how long your case may take.
What should I do if the other driver doesn’t have insurance?
If the other driver doesn’t have insurance, you may still be able to recover compensation through your own insurance policy, if you have uninsured motorist coverage. An experienced lawyer can help you understand your options.
What should I expect during the legal process?
During the legal process, your lawyer will gather evidence, negotiate with insurance companies, and potentially file a lawsuit on your behalf. You may need to provide testimony or participate in depositions. Your lawyer will keep you informed throughout the process.
What if I was partially at fault?
If you were partially at fault for the accident, your compensation may be reduced proportionally. This is known as comparative negligence. An experienced lawyer can help you understand how comparative negligence may impact your case.
What can I do if I am experiencing immediate financial hardship and don’t have the time to wait for my claim to resolve?
While the legal system doesn’t take this into consideration, you do have an option if you find yourself in this situation. These are called “law loans.” And they work to provide you with cash to help you make it through until your settlement funds arrive. If you end up losing your claim, you do not have to pay your law loan back. So, all the risk lies on the shoulders of the law loan provider.
While called “law loans,” they really aren’t “loans.” They’re more like a cash advance. But the terms of the advance are much more in your favor than you would get with any companies who call themselves “cash advance” providers.
First, you must have an attorney. Then, you reach out to the law loan firm and give them permission to contact your attorney. They then call your attorney and review your case. Then you and your attorney review the offer and sign the necessary paperwork.
Believe it or not, this whole process takes only 24 hours or so. You can use the money for anything you want. However, you’re wise to only use it for expenses related to your claim (medical bills, lost income, and so on).
The only catch is you do have to pay interest.
In some cases, that interest can be massive (60% or more). So, ask us for recommendations or shop your claim around. You should be able to get a rate of around 15 – 20% charged every 6 months.
What Can I Do if My Medical Bills are Piling Up?
At Mullen & Mullen, we can connect you with medical professionals and institutions who happily delay payment until after you win your claim. Even if you already have some piling up, we can coach you on keeping them from causing you any more financial trouble than is necessary.
After you become our client, then all further medical bills will simply be paid after you receive your settlement offer.
Does it matter if the at-fault driver was working at the time of the collision?
Yes. Texas recognizes the doctrine of Respondeat Superior. Employers are responsible for the negligent acts of their employee(s) while said employee(s) are in the course and scope of employment. For example, if you were involved in a collision with an XYZ Construction vehicle, the employee operating the vehicle and XYZ Construction would both be proper Defendants. Commercial insurance policies usually have policy limits of $250,000.00, $500,000.00, or $1,000,000.00. The company’s insurance liability limits don’t matter if they have sufficient resources to satisfy any judgment. For example, if you were paralyzed by a Wal-Mart vehicle being driven by a Wal-Mart employee in the course and scope of his or her employment, you could seek damages well in excess of their liability insurance limits.
What is Underinsured Motorist Coverage?
Underinsured motorist coverage is first-party insurance meant to compensate car wreck victims if the at-fault driver or at-fault drivers did not carry sufficient liability limits. Like Personal Injury Protection benefits, you may be entitled to coverage if someone in your household has this coverage on their automobile policy. It is exceedingly important that you obtain permission from your own insurance carrier to settle with the at-fault driver’s insurance carrier, before accepting any offer the liability carrier makes. A failure to do so could result in you not being eligible for underinsured motorist proceeds.
What is Uninsured Motorist Coverage?
Uninsured motorist coverage is important if the person that collided with your vehicle did not have insurance or if you were involved in a “hit-and-run”. It is important to remember that uninsured motorist coverage is only applicable if the at-fault driver made actual physical contact with your motor vehicle.
Should you take your car to the body shop that the at-fault driver’s insurance company recommended?
No. In our experience the body shops recommended by the at-fault driver’s insurance company are recommended for a reason, i.e. the cost of repairs are lower. Insurance companies want the damage to your vehicle to be as low as possible so that they can argue that you were not involved in a substantial collision. Also, in our experience, some of the recommended body shops utilize cheaper parts. You have the right to have the dealership, or a body shop of your choice, complete an estimate on the amount of damage to your automobile.
Does the at-fault driver’s insurance company have to provide you with a rental car?
Yes, but generally only if your car can be repaired and is not deemed a “total loss”. If your vehicle is fixable and drivable, then you are generally entitled to a like and similar rental vehicle, for the amount of time it would take to fix your car. If your vehicle is fixable, but is not drivable, then you are generally entitled to a like and similar rental car from the date of the auto accident until your vehicle has been repaired. If your care is a total loss, then you may only recover the fair market value of your automobile, and insurance companies generally do not reimburse you for the cost of a rental car, although some will until it has been declared a “total loss”. You can submit a property damage claim to your own insurance company and request a rental car if you have that coverage on your policy. Sometimes this is the best course of action, if it is going to take a long time for the at-fault driver’s insurance carrier to complete its liability investigation, or if the at-fault driver is not cooperating with his or her insurance carrier. You will likely pay a deductible, but your insurance company will refund your deductible if the at-fault driver’s vehicle eventually pays for the property damage or total loss.
What is a “Total Loss”?
If your car is rendered a total loss, “totaled”, following an automobile accident, then you may recover only the fair market value of it, as measured by what like and similar vehicles are being sold for on the open market. It is not measured by Kelly Blue Book or NADA Book Value.
Can we help you get a rental car?
Yes, our law firm can assist you in getting a rental car while your motor vehicle is being repaired, or while the insurance company is determining whether your vehicle is a “total loss”.
Can you recover the diminished value of my vehicle?
Yes, generally. If you have a new car that was involved in a collision. The wreck will obviously impact the amount you could sell that vehicle for in the future. Establishing diminished value often requires an Expert Report. Our Dallas accident lawyers have established relationships with experts who can quantify the amount of diminished value damage to your vehicle following a collision at no up-front cost to you.
Can I get a loan if a car wreck has caused me immediate financial hardship?
Yes. Many organizations exist that will loan you money to purchase an interest in the settlement proceeds of your case. Companies that provide “law loans” require you to have legal representation in order to obtain a loan. Our Dallas car crash attorneys have well-established relationships with several law loan companies, including a new organization that charges a set interest charge as opposed to loans that escalate every month.
Can your law firm help me get medical care?
Yes, our lawyers have established relationships with medical providers who specialize in helping victims of recover from auto accident injuries. These providers will defer payment until your case has resolved. We have relationships with medical doctors, surgeons, pain management facilities, diagnostic facilities, pharmacies, and surgical centers. If you do not have health insurance or can’t afford the high cost of co-pays and deductibles, we can assist you with getting the medical attention you need and deserve, at no up-front cost to you.
What if I need surgery but don’t have health insurance or can’t afford my deductible?
Our law firm has relationships with surgeons who will perform a variety of procedures and delay billing you until your case settles. In addition, we also have relationships with anesthesiologists, surgical nurses, and surgical facilities willing to delay payment until your accident injury case has concluded. Example: We represented a gentleman without health insurance who was rear-ended by a commercial vehicle. His doctors determined he needed a spine fusion. Our law office was able convince a renowned spine surgeon, surgical nurse, anesthesiologist, and Medical Center of Plano to perform the procedure and delay billing until our client’s case was settled.
Should you schedule an appointment with your family doctor if you were injured in an automobile accident?
Yes. But many family doctors choose not to treat patients who have been involved in a motor vehicle collision because they are weary of billing issues and the potential of getting sucked into a lawsuit. In addition, many times it takes a significant amount of time to schedule an appointment with a family doctor. If too much time passes before you are able to get examined, the insurance company is likely to argue you were not really hurt in the car wreck. Try and see your family doctor if possible, but consider utilizing medical providers who have experience specifically treating patients who have been injured in vehicle accidents.
What happens if your health insurance carrier pays some of your medical bills?
If your health insurance company or Medicare or Medicaid pays any bills regarding injuries related to your case, they are entitled to be reimbursed if you receive monies from a third-party. This is referred to as the right to subrogation. The amount they are entitled to be reimbursed is based on various factors, but generally our Dallas auto accident law firm can secure a reduction of any lien amount from your health insurance company to facilitate settlement of your case.
What if I received notice of a hospital lien?
If you received medical treatment at a hospital within 72 hours of a motor vehicle collision, the hospital can file a lien against the proceeds of your case. Our attorneys have vast experience in negotiating with hospitals to reduce hospital liens.
Can you recover damages for the income you have lost?
If you received medical treatment at a hospital within 72 hours of a motor vehicle collision, the hospital can file a lien against the proceeds of your case. Our attorneys have vast experience in negotiating with hospitals to reduce hospital liens.
What is my case worth?
Many accident attorneys will tell you what you want to hear and throw around numbers right out of the gate. The simple truth is though, your case value is directly impacted by the nature of your injuries and various liability factors. We do not discuss case value with our clients until we have examined all documents related to their case, namely medical treatment records and medical bills. We also listen to the arguments raised by the liability insurance carrier first. Would you want your doctor to make a recommendation without reviewing your medical records? Would you want a sub-contractor to guarantee you a price, if they had not yet talked to their materials supplier?
Are there some guiding principles?
Certainly. If you have suffered an objective injury your car accident case will likely have a much higher settlement value than an auto accident case involving soft-tissue or whiplash injuries only. Objective injuries would include fractures, broken bones, herniated discs and extruded discs (especially if they require spine surgery), torn muscles, etc.
What does it mean that the insurance company said I am comparatively negligent?
The insurance company is attempting to argue you were also at fault for the motor vehicle accident. In the past, we have seen insurance companies attempt to argue comparative negligence even when their insured failed to yield the right of way turning left into an intersection. If you are found to be comparatively negligent, your percentage of fault will be deducted from any jury verdict. For example, if a jury awarded you $100,000.00 in damages, but determined you were 20% at fault, the final award would be adjusted to $80,000.00.
If I had some fault in the wreck am I barred from a recovery?
No. Unless the jury assigns you more than 50% of the fault for the car wreck, you can still obtain a settlement. You can still recover damages even if the jury determined you and the at-fault party were each 50% responsible for the accident. Keep in mind, however, that any damages awarded would be reduced by 50%.
Does the amount of damage to my vehicle matter?
Yes. But our attorneys know that property damage does not directly correlate with injuries people suffer in the collision. That being said, insurance companies pay special attention to property damage and vehemently fight claims in which property damage is not substantial. Insurance companies attempt to label these auto collisions as “minor impacts”. Insurance companies attempt to make this argument even when the damage to other motor vehicles involved is substantial. It is important to demonstrate the damage to all vehicles involved in the accident, not just yours. Also remember to have your car repaired at the auto dealership or a body shop of your choosing. The at-fault driver’s insurance carrier will recommend a body shop with low repair costs because they want your property damage to be as low as possible.
What are “reasonable and necessary” medical bills?
Under Texas automobile accident law, you are generally entitled to recover the amount of money you paid or incurred to medical providers as a result of the injuries you sustained in the car accident. The medical bills must be both reasonable and necessary. Insurance companies almost always argue at least some portion of your medical treatment was unnecessary or that at least some of your medical bills were unreasonable. They will often hire “hired gun” doctors to discount your bills. It is important you have legal representation with familiarity in medical billing and terminology to advocate that you should be reimbursed the full amount of the incurred medical bills.
What is a pre-existing condition?
Insurance companies love to argue that people involved in an accident were not injured and that the injury claimed was a pre-existing condition. For example, if an MRI shows you have a herniated disc, but also indicates you suffer from degenerative disc disease, the insurance company is likely to argue that the degenerative disc disease was a pre-existing condition and the real source of your pain or discomfort. It is important to have counsel with experience in arguing aggravation of a pre-existing condition, and that you were what is commonly referred to as an “Eggshell Plaintiff”. Our Dallas auto accident attorneys can request that your medical providers review prior medical records to determine if a motor vehicle collision aggravated your pre-existing condition.
What is a “Gap In Treatment”?
If you wait an extended period of time before seeking medical attention following a car wreck, the liability insurance carrier is likely to argue that a gap in treatment existed. They will argue that if you were really hurt you would have sought medical attention sooner. Likewise, if you stop attending therapy and then start back up after weeks or months have passed, they will also likely argue that a gap in treatment exists. It is important that you seek medical attention as soon as possible following a motor vehicle collision, if you experience any pain or discomfort whatsoever.
What does it mean to “mitigate” your damages?
In Texas you have a duty to mitigate, or attempt to lessen, your damages. Insurance companies often argue someone failed to do so. For example, if the injuries you sustained in a car wreck prevented you from doing your job in heavy machinery, but you could perform a desk job, you would have an obligation to do so while recovering. Another example would be agreeing to release your vehicle to the insurance company so that it can be moved to a neutral storage facility that will not charge the insurance company for storage while the property damage is being evaluated.
What if multiple drivers are responsible for my Injuries?
If multiple drivers are responsible for your injuries, you can make a claim against each responsible driver in a lawsuit if necessary. You can recover from an insurance company even if their driver is only 10% at fault, provided your own fault does not exceed 50%.
Does the at-fault driver’s insurance company owe me any duties?
No. The liability insurance carrier for the at-fault driver in the auto accident can tell you to get lost. They can, and usually do, attempt to delay and deny your accident injury claim. The liability carrier may not take you seriously if you are unrepresented, because they will not fear the possibility of a lawsuit against their insured. Our Dallas car accident law firm can deal with them directly and make them take your case seriously.
Does my own insurance company owe me any duties?
Absolutely. Your automobile insurance carrier owes you duties of good faith and fair dealing. In the past we have alleged multiple violations of the Texas Insurance Code and Texas Deceptive Trade Practices Act against insurance companies who fail to exercise good faith to their customers. The first-party insurance carrier may not take you seriously if you are unrepresented because they will not fear the possibility of a lawsuit being filed against them. Again, our attorneys can deal with them directly and make them take your case seriously.
What happens if I choose not to accept the at-fault driver’s insurance company’s final offer?
You have the right to file a lawsuit against the at-fault driver and his or her employer if he or she was in the course and scope of employment. In the context of an uninsured motorist, you would have the option of filing a lawsuit against your own insurance company, if you had that coverage under your policy and they made an offer you chose not to accept.
Should you settle your case or file a lawsuit?
This depends on each individual case. Sometimes a $20,000.00 offer before the filing of a lawsuit will put more money in your pocket than a $30,000.00 offer after a lawsuit has been filed. A number of factors need to be considered, such as: The attorney’s contingency fee percentage almost always increases at least 7% – 12% after a lawsuit has been filed. Case expenses almost always substantially increase in litigation. The filing of a lawsuit, having the lawsuit served, depositions, records and bills by affidavit, mediation, and trial all cost money. Litigation also takes time, usually between 6-10 months if your auto accident case settles before trial. It usually takes a twelve to fifteen months if a trial is necessary. If you received a law loan it could continue to increase every month until your collision case settles. Lienholders, such as your health insurance company or workers’ compensation carrier, may be more willing to reduce their liens prior to the commencement of litigation. We don’t recommend the course of action that will make us the most money. We don’t recommend the course of action that will make doctors the most money. We recommend the option that will make you the most money.
What happens if your child was injured in a car wreck?
If your child has been injured in a motor vehicle collision the liability insurance carrier may require a Minor Prove-Up Hearing so that a Judge can approve any settlement reached. In that scenario the Judge will appoint a Guardian Ad Litem to verify the settlement reached is in the best interests of your child.
Will your case interfere with your Workers’ Compensation claim?
No. Your Workers’ Compensation carrier will likely place a lien on the proceeds of your settlement, but will generally work with your attorney to reduce their lien amount and aid in achieving a settlement.
No. Your Workers’ Compensation carrier will likely place a lien on the proceeds of your settlement, but will generally work with your attorney to reduce their lien amount and aid in achieving a settlement.
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Protect Your Rights: Do’s & Don’ts After a Car Accident
It’s crucial to take certain steps to protect your well-being, ensure your safety, and preserve important information for insurance purposes or potential legal claims. Here’s a guide on what to do and not do after a car crash.
Don’t worry if you’re too injured to collect evidence.
If you’re hurt too seriously to gather evidence, don’t fret about it. Take care of your health first. Get to a safe spot if you can move. Go to the emergency room if necessary. An accident investigator can always help you collect evidence later but make sure you get a lawyer involved as soon as possible. If you’re unable, have a family member take care of it for you. The faster you act, the easier it is to gather the strongest evidence needed to win your claim.
Do contact the police, even if it seems obvious the other driver is at fault.
Take, for example, a rear-end collision. Insurers typically automatically view the driver who rear-ended you as being at fault. However, they also might try to say you stopped suddenly or that their driver faced a sudden emergency. Call the police and get a report anyway. You can never overdo it when collecting evidence.
Do exchange info with the other driver.
If the police don’t come, get the other driver’s name, date of birth, address, and driver’s license number. This guarantees they won’t completely disappear.
Don’t move your car.
Leave your car where it came to rest unless it might be a safety hazard for others if left in its current location. If you feel too injured to move it, just leave it where it is.
Don’t tell anyone at the accident scene that you feel fine or unhurt.
Many accident injuries may not physically manifest for days, weeks, or months. Making a statement that you feel fine to anyone at the scene of the accident (police, witnesses, or the other driver) is a big mistake. Insurers could use this against you later on as proof that you’re not injured.
Do exchange info with the other driver.
If the police don’t come, get the other driver’s name, date of birth, address, and driver’s license number. This guarantees they won’t completely disappear.
Don’t talk any more than you must.
Insurance claims adjusters and their legal teams will only use what you say against you later on. They’ll try to construe meanings out of your words that you didn’t intend. Make doubly sure that you do not apologize for the accident. This can be used against you, even if you aren’t at fault.
Do talk to medical personnel extensively about your injuries.
While you generally shouldn’t talk much at the accident scene, you can give every little detail about your injuries. This gives you a record to go back to should it become necessary in the future.
Do help the other driver and make sure everyone is safe.
Even if the other driver was at fault, help them get to a safe place, if possible and necessary. Don’t move them, however, if they appear to have injuries that could be exacerbated by moving them.
Do not leave the scene of the accident (unless your medical needs require you to do so).
Try to make sure you have collected available evidence from the scene prior to leaving but your health is obviously the most important thing. If you require immediate medical attention, evidence can be developed later. Also, exchange insurance information with the at-fault driver making sure to obtain their name, driver’s license number, phone number, address, insurance company name, and policy number.
Do make your own video.
Just like your witnesses, shoot a video describing how your accident happened as soon after your accident as possible. Should this evidence be needed later, it will carry more weight if the video was made while your recollection of events was fresh.
Don’t accuse the other driver of intentionally causing your accident.
Insurers can use this against you too. They are not legally obligated to provide insurance in cases where another driver intentionally caused the accident. Don’t even make the accusation. You don’t want to give the insurer more opportunity to deny or minimize your claim.
Do take images and videos of the accident scene, if you can.
Try and take pictures and video of the location of all vehicles after the accident, the damage done to each vehicle, and any hazardous road conditions that could have led to the accident (potholes, junk laying in the road, etc.). Also, take pictures of the at-fault driver and their license plate since sometimes motorists flee the scene. Taking pictures of the license plates of other vehicles in the area is also wise since they could be potential witnesses. You really can’t go overboard here. If you can’t do the above due to your injuries, ask a witness to assist you.
Do gather witness contact info.
You need their name, phone number, and address. Have them text it to you immediately at the accident scene. Do this because you may misunderstand or miscommunicate and fail to take down the information correctly during the stress of your accident. You also want to get their version of what happened. Either have them shoot a video while they share their story or have them send a video to you from their phone immediately after the accident. It’s easy to confuse the events of an accident over time. So it’s best to get their story when witnesses have a fresh recollection of it.
Do call your insurance company as soon as you can.
Insurers have different time limits regarding how long you have to report your accident to them. If you wait too long, they may deny coverage for your accident.
Don’t talk to the liability insurance company or sign their paperwork.
Remember, insurance companies profit by not paying claims. Texas law provides insurers with many advantages, but experienced car accident attorneys know how to level the playing field. Simple and casual statements you make can turn into strong defenses for insurers. Retain counsel and protect your rights.
Do log the time you missed from work.
Texas law entitles you to compensation for all the time you were unable to work.
Do get medical treatment, even if you don’t believe you are seriously injured.
Not only does this give your claim more credibility, but many injuries may not appear until days or weeks after your accident. For example, a traumatic brain injury may not become apparent until several weeks later. A minor injury could lead to organ failure or infection that takes a month to appear. Whiplash symptoms may not appear for a few days. Seeking medical treatment helps you understand the true extent of your injuries right now.
Do talk to a lawyer as soon as you can.
Insurance companies and at-fault parties sometimes lose or even destroy evidence. In addition, witnesses sometimes move or relocate. Also, Texas has a 2-year statute of limitations on motor vehicle cases. You must have resolved any and all claims or have filed a lawsuit and served all possible Defendants before the expiration of the statute of limitations or you will forever be barred from recovery. You’re wise to talk to a car accident lawyer as soon as possible because it gives you the best chance possible of obtaining a favorable outcome.
Don’t relax when dealing with insurance adjusters.
Their strategy might be to come across as nice and accommodating. Then, with your guard down, you share information with them that they use to reduce what they should have to pay you. No matter how helpful the adjuster seems, don’t fall for the ruse. They’re never on your side.
Do record your medical appointments and health concerns.
The more detail, the better. Record all your interactions with medical professionals. Take note of who you saw, why you saw them, and what you discussed. Also write down your personal thoughts and feelings, as well as the pain and suffering you experience in your daily life. This information becomes invaluable as your case progresses.
What If You Don’t Get Some of This Information?
The more of this information you can get, the better. However, if you’re unable to get information because you’re severely injured, don’t worry. We can help. Our in-house accident investigators can help you gather all the evidence needed for your claim.
Everything You Need to Know about Police Reports
While police reports can be a critical piece of evidence in proving your accident claim, they don’t guarantee victory. In fact, a police report can be completely disallowed by a judge so the jury never even sees it. To be admissible in court, a police report must be proven to be factually correct. If it contains errors, it will likely be thrown out.
Regardless, we will still get a copy of your police report because more often than not, it is the single most important piece of evidence. To this end, it is extremely important that you call the police after your accident so that they come to the scene and fill out their report.
If they don’t come, for whatever reason, make sure you document all the evidence (as noted earlier) and fill out your own police report at your local precinct. In the City of Dallas, you can do that at this link. In other jurisdictions, contact your local police department for instructions.
Without a police report, the insurance company will have more power to give you an absurdly low settlement offer. And they may even be able to get away with not offering you anything at all.
What Information Does Your Police Report Need to Contain?
If you have to file your own police report, you’ll want to make it as thorough as possible. Most police reports, and yours, should include the following information:
- Date, time, and location of your accident
- Name, address, and insurance information for all parties involved
- Any citations issued
- Identifying information for all witnesses
- The officer’s opinion as to who was at fault
Common Causes of Motor Vehicle Collisions in Dallas
Dallas has the second highest traffic fatality rate among all cities not just in Texas, but in the entire United States, according to research from the National Highway Traffic Safety Administration. Make no mistake about it, Dallas is not a safe place to drive
Motor vehicle accidents happen for many reasons. These are the leading causes and the law that surrounds them:
Speeding
Speed limit signs are posted for a reason. The higher your speed, the more likely you are to be in an accident and the more severe the damage. The closer you drive to the speed limit, the safer you are.
Texas law does not define at what speed you can be charged with reckless driving. However, generally if you go 20 mph over the posted speed limit, you face a high likelihood of this charge.
Distracted driving
Drivers become distracted for many reasons: eating, talking on their phone, talking to passengers, or putting on makeup. Texting while driving has become so common that it actually frequently gets a separate classification from distracted driving.
Texas’ current distracted driving law prohibits drivers from any form of electronic messaging while driving (texting, emailing, and instant messaging). Drivers under the age of 18 may not use wireless communication devices for any purpose while driving.
The same law applies for drivers over 18 with learner’s permits during their first six months of driving. School bus drivers may not use cell phones when children are present. And all drivers may not use cellphones in school crossing zones. Within Dallas city limits, you may not use your cell phone at all while driving. However, you can use your cell phone while driving to make an emergency call.
Drunk or drugged driving
Texas’ BAC limit is .08. And you can’t be under the influence of any type of illegal street drug while you drive. You can drive while on a prescription drug legally prescribed by your doctor.
However, you must also not meet the statutory definition for intoxication while driving. And that means you cannot lack the ability to safely operate your motor vehicle while you are on that prescription drug.
Fatigue
This is more common with commercial vehicle accidents where trucking companies push their drivers to work for long hours. But it happens with everyday people too.
Research shows that fatigued driving affects your driving almost as much as driving drunk. It is not illegal to drive while fatigued in Texas. However, what a driver does because of their fatigue can be charged with a crime because it could be criminally reckless.
Tailgating
You don’t become the second most dangerous city in Texas to drive in without your fair share of tailgating accidents. Ideally, you’re supposed to allow one car length of space between yourself and the driver in front of you for every 10 miles of speed.
So, if you’re driving 75 mph, you should have about 7 ½ car lengths between you and the next driver. But when you drive on the highway, you probably find that an exception rather than the rule. Texas law doesn’t define exactly how close “tailgating” is. But it does say you need to allow “sufficient space” between yourself and the next driver.
Reckless Driving / Aggressive Driving / Road Rage
About 1 in 3 car accidents in Dallas happen because of an extremely aggressive or angry driver. Texas law surrounding reckless driving is quite vague.
In terms of language, the law defines reckless driving as “willful or wanton disregard for the safety of persons or property.” As noted earlier, if you’re caught going 20 mph over the speed limit, you have a high chance of facing a reckless driving charge. Other behaviors putting you at high risk for this charge include weaving through traffic, driving while intoxicated, street racing, and trying to evade the police.
Failure to Yield
You’re always supposed to drive defensively and yield to other drivers. Not following this rule leads to many collisions. Texas law section 545.153 says,” [Drivers] …shall yield the right-of-way to a vehicle that has entered the intersection from another highway or that is approaching so closely as to be an immediate hazard to the operator’s movement in or across the intersection.”
Adverse Weather
We don’t get intense downpours or major snowstorms as frequently as other parts of the nation do. And yet, we’re the second most dangerous city in the country to drive in.
When the weather does get nasty, add another 5 car lengths between yourself and the next driver (plus the one car length for every 10 miles of speed) to give yourself more reaction time. In Texas, it is legal to drive with your hazard lights on if you need to (as opposed to Florida where this is not legal).
Law does not specifically define how to reduce your speed during adverse weather. But section 545.351 does say drivers must “drive at an appropriate reduced speed if… a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions.”
Negligent Entrustment
Sometimes, the owner of a vehicle allows someone not of legal driving age or a driver they know to be dangerous to drive their vehicle. Some parents allow their unlicensed teens to drive. Other people allow their drunk or stoned friends to drive. And still others allow a family member on legal prescription drugs to drive (but still against their doctor’s advice).
Regardless of the reason, the other driver should not have been entrusted with their friend or family member’s vehicle. And this can result in a variety injuries and damage, ranging from none to death.
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Dallas Motor Vehicle Accident Statistics
You cannot argue anything other than the fact that Dallas is one of the most dangerous cities for drivers, pedestrians, bikers, and motorcyclists. The problem is so concerning that the entire city has embraced a “Vision Zero” plan to address it. Essentially, this plan aims to reduce traffic deaths to zero and cut severe injury crashes in half by 2030.
Here are some more statistics to support that point:
- The current motor vehicle collision death rate is 14 per 100,000 people, ranking Dallas second among all large US cities
- In 2020, 228 people were killed in traffic, marking an 80% increase over 2010
- Pedestrians account for 2% of the travel in the city and 36% of all traffic deaths
- Most pedestrian deaths happen outside of a crosswalk. However, Dallas is also missing 2,000 miles of sidewalks.
- From March – December 2020, 480 car accident deaths happened. And this was 72 more deaths than the same timeframe in 2019. This, despite people staying at home and driving less because of COVID.
- In 2020, Dallas County had 307 fatal crashes totaling 333 fatalities, per data from the Texas DOT.
- Dallas County also had 1,227 suspected serious crashes causing 1,438 suspected serious injuries in 2020.
- Dallas County also totaled 48,393 crashes in 2020.
Contact Us for a Free Consultation
Call (214) INJURED to talk to a Dallas car accident attorney right now. We won’t put any pressure on you to hire us on the spot. Simply learn how we’ll approach your case and get some excellent free advice. Make your decision only when you feel 100% ready. Do remember though, that the Texas statute of limitations gives you just 2 years from the date of your accident to file a claim.
We’ll come to your home or hospital room if it makes it easier on you! Phone and Zoom consultations are also available. You can call us, or use the form or chat feature on this page to request a free consultation now.
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Mullen & Mullen Law Firm
1825 Market Center Blvd #200
Dallas, TX 75207
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Dallas Accident Resources
- Dallas Police Department Open Records Unit
- 1400 S. Lamar, Dallas Texas
- Link to Google Maps location
- Website link to make an Open Records Request
- Dallas County Sheriff’s Department Records
- Frank Crowley Court Building, 133 N. Riverfront Blvd, 1st floor, Dallas, Texas
- Link to Google Maps location
- Website link to make a Public Information Request
- City of Dallas Records
- 1500 Marilla St. #5ds, Dallas City Hall, Dallas, Texas
- Link to Google Maps location
- Website link to make an Open Records Request
- Dallas Police Department Auto Pound
- 1955 Vilbig Road, Dallas, Texas
- Link to Google Maps location
- Website link
- Texas Department of Insurance
- 333 Guadalupe Austin, TX 78701
- Link to Google Maps location
- Website link
- Texas Department of Transportation
- 125 East 11th Street Austin, Texas 78701
- Link to Google Maps Location
- Website link
- Texas Constitution and Statues
- Kelly Blue Book Online
- Insurance Institute for Highway Safety
- Great source for independent car accident data
- Website link
- National Highway Traffic Safety Administration
- Resource for all the latest recalls and driving safety information
- Website link
Joseph R. Morrison is the Senior Associate Attorney at Mullen & Mullen Law Firm in Dallas, TX, where he represents people personally injured due to the negligence of others. He was recognized by VerdictSearch for obtaining a Top 5 Premises Liability verdict in the State of Texas, and has been quoted in the ABA Journal.
