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What If I Am Partially At Fault for My Texas Car Accident?
There are nearly an infinite number of issues that may cause a car accident. Driving under the influence, reckless driving, inattention to the road, and traffic law violations are some of the most common causes of auto accidents. However, in many cases, more than one factor leads to a car accident. For example, one motorist involved in an accident may have been driving over the speed limit while the other driver is texting and driving. You may wonder, “In car accidents involving shared blame, how is the at-fault driver determined? Can I still recover damages even if I am partially at fault for an accident?”
Texas Comparative Negligence Law
The state of Texas uses what is known as a “modified comparative negligence” model for shared-fault personal injury cases. In Texas law, this is referred to a “proportionate responsibility.” This means that Texas courts allow injured individuals to seek compensation for their injuries even if they were partially to blame for the injuries. In fact, as long as an injured party was not more than 50 percent at fault for the incident that caused the injuries, he or she can still bring a court action for damages.
What Are My Legal Options After a Hit-and-Run Accident?
There is no question that a car wreck is a frightening experience. Unfortunately, this fear—along with the shock of the crash, adrenaline, and maybe a misplaced sense of blame—can cause problems for you as you consider the possibility of filing a personal injury claim for damages. While such feelings are normal after an accident, it is important to know how to set them aside and focus on keeping your composure. With this in mind, here are five things you should never do in the wake of a car crash:
Car Crash Mistake #1. Underestimating the Damage
This applies to both your body and your vehicle. Initially, the crash might seem to be a minor fender bender, but assuming the damage is minor might understate serious hidden problems. With your vehicle, for example, the frame might be bent, despite the external damage seeming trivial. Likewise, you might feel physically okay, but adrenaline could initially mask more severe injuries that present themselves later. Be sure to seek medical attention as soon as possible after the crash to be sure you know how extensive your injuries truly are.
What Are the Most Common Injuries in Motorcycle Accidents?
Motor vehicle collisions of all types can be dangerous. Passenger vehicles weigh several thousand pounds, and they can inflict serious injuries on others, even if a collision takes place at a relatively low speed. Fortunately for drivers and passengers, vehicles include multiple safety systems that can reduce the risk of injuries, such as seat belts, airbags, and a strong structure that protects a vehicle’s occupants. However, motorcyclists do not have these protections, and because of this, they are much more likely to be seriously injured in motorcycle accidents.
Serious and Fatal Injuries Affecting Motorcyclists
Motorcycle crashes may result in multiple forms of bodily harm, including:
- Injuries to the lower extremities - The most commonly injured body parts for motorcyclists are the legs and feet. When a motorcycle falls over in a collision, one of a person’s legs may be caught underneath, and this can result in broken bones, as well as dislocations in the knees, ankles, or hips; strained or torn muscles, tendons, and ligaments; or serious sprains.
How Much Compensation is Awarded for Pain and Suffering?
Whether an individual is hurt in a car accident, motorcycle crash, commercial truck collision, or another incident, the consequences can affect nearly every facet of the person’s life. Many accident victims cannot work for a significant amount of time after an accident. They may be unable to drive, care for their children, do housework, or complete other responsibilities. Physical pain can also prevent accident victims from participating in hobbies, traveling, spending time with loved ones, or even enjoying simple pleasures such as walking in the park. Unsurprisingly, injured people often find themselves battling psychological problems like depression and anxiety after an accident.
In a personal injury case, these non-financial consequences are often referred to as “pain and suffering.” If you or a loved one were seriously hurt in an accident, you may wonder how much compensation injured victims can receive for their pain and suffering.
Burress Injury Law Welcomes Kyle H. Dreyer
Burress Injury Law, a personal injury law firm based in McKinney, Texas, with locations in Frisco and Paris, is proud to welcome Attorney Kyle H. Dreyer. Mr. Dreyer's high-level trial experience makes him an invaluable asset to the high-growth Collin County firm.
With more than 35 years of experience trying multi-million-dollar cases, Mr. Dreyer has served as lead trial counsel in virtually every state and has successfully tried many complex cases. His prior trial practice included nationwide representation of a major domestic automotive manufacturer and component part manufacturers. He also served as trial counsel for large corporations in the petroleum, agriculture, and consumer beverage industries, among others.
Mr. Dreyer is a highly regarded trial lawyer and is a nationally respected authority in trial advocacy and litigation management.
With Burress Injury Law, Mr. Dreyer's focus will center around: (1) handling select wrongful death and catastrophic injury cases; (2) scaling the firm's growth; (3) fine-tuning the firm's litigation management systems and processes; and (4) mentoring the firm's younger lawyers.
Seeking Restitution After a Texas Motorcycle Accident
Texas is arguably one of the best states in the country in which to ride a motorcycle. With sunny weather and miles of open roads, the Lone Star State is nearly perfect for motorcyclists. Unfortunately, riding a motorcycle can be quite risky. Other drivers may not pay close enough attention to see a motorcyclist and avoid a collision. In the event of a wreck, the vehicle provides almost zero protection to the motorcyclist. It is no surprise that severe and fatal injuries are much more frequent in motorcycle crashes than crashes involving passenger vehicles. Approximately 16 percent of all fatal accidents in Texas involve motorcyclists.
If you or a loved one were injured in a motorcycle wreck, it is important to understand your rights. If another party’s negligent actions caused the crash, you may be entitled to financial compensation for your vehicle damage, pain and suffering, medical expenses, and more.
Holding a Negligent Party Accountable for a Motorcycle Wreck
Collin County Truck Accident Lawyer
Commercial truck accidents often cause devastating injuries and property damage. If you or a loved one were involved in a truck crash, you may understandably be looking for answers. You want to know who to blame and how to recover financial compensation for the financial losses you have suffered. Finding, obtaining, and preserving evidence is crucial for any successful truck accident claim.
Types of Evidence That May Be Valuable in Your Case
To bring a successful case against a trucking company or other at-fault party, your attorney will need to demonstrate that the at-fault party’s negligent or wrongful actions caused the crash. Your lawyer will also need to show the direct connection between your injuries and the damages you suffered, such as medical bills and lost income.
Evidence that may be useful in your case includes but is not limited to:
- Evidence at the accident scene such as skid marks, vehicle debris, and damage to property
McKinney Car Accident Lawyer
When more than one car is involved in a crash, it is often fairly clear who is liable to who. One driver ran a red light, or decided to send a text message, and crashed into another driver who was driving responsibly. The careless or law-breaking driver is liable to the driver who got hit. In a single-car accident, recovering compensation can be a bit trickier because first, you will have to prove that someone else was responsible. This does not mean you cannot recover after getting into a single-car accident. There are other parties who may potentially be liable depending on the circumstances. Proving that another party is liable for your injuries when no one else actually crashed may be difficult, but it can be done.
If you got hurt in a car accident where yours was the only vehicle that crashed, you will need a skilled attorney to evaluate your case and determine whether you can pursue compensation from a third party.
Who Could Potentially be Liable for a Single-Car Crash?
Plano Wrongful Death Attorney
When you have been injured because someone else was careless about your safety, you can file a personal injury lawsuit on your own behalf. But, what about when the victim passes away as a result of an accident? In Texas, if your parent, child, or spouse lost their life in an accident that some other party should have prevented, you may be able to file what is called a wrongful death suit on their behalf. The party who caused the fatal accident should not be excused from liability just because their victim is no longer here to file a lawsuit themselves, so the right to recover compensation passes to their closest remaining family members.
If you have lost a parent, spouse, or child due to any type of negligence, speaking to a qualified attorney may be the first step towards holding the negligent party accountable in civil court.
What Types of Negligence Can Lead to a Wrongful Death Claim?
While nothing can replace the family member you lost, recovering compensation can help keep your family financially secure after your loss. Wrongful death applies to a variety of different situations - there is almost no limit as to the type of accidents these suits can be based on, so long as they were caused by the defendant’s carelessness. Situations that may give rise to a wrongful death action for qualifying relatives include:
Plano Wrongful Death Attorney
Most people have experienced some level of anger behind the wheel. Things like getting cut off by a driver, driving behind someone who drives far below the speed limit,or nearly getting run off the road because another driver refuses to allow you to merge onto the highway can be very frustrating. The majority of drivers, however, are able to manage these situations without causing an accident. Endangering others by causing a crash is not a justified response to these circumstances. If you were injured by an act of road rage you may be able to pursue damages.
This type of injury claim may look a bit different from a standard car accident claim arising from simple carelessness. You will need to file a police report, and then find an aggressive attorney who can help you pursue every bit of compensation you deserve.
What Are Some Common Types of Road Rage Accidents?
Road rage accidents can be particularly frightening. Because of the other driver's aggressive behavior, the victim often realizes they are in danger well before the accident. There are a number of ways that enraged drivers cause crashes, including:
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From our offices in McKinney, Frisco, Paris, and Sherman, we serve clients throughout Collin County, Lamar County, Grayson County, and all of the state of Texas, including Plano, Murphy, Allen, Princeton, Prosper, Celina, Carrollton, Denton, Lewisville, Bonham, Dallas, Garland, Melissa, Commerce, Greenville, Rockwall, Richardson, Anna, and Denison.
Results listed are not a guarantee or indication of future case results.
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