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September 26, 2022

Dallas Car Accident Lawyer

Car accidents are often traumatizing and challenging for anyone. Besides the vehicle repair costs, you’ll likely incur significant losses to cover medical bills and living expenses when away from work.

If you’ve been in a car accident in Dallas, it’s your right to pursue compensation from the party responsible. It would be best if you had an experienced, aggressive legal team from Crain Brogdon LLP to ensure you get what you deserve.

Why Choose Us as Your Car Accident Lawyer?

At Crain Brogdon LLP, our legal expertise, knowledge, and experience will be an invaluable asset to you. When our Dallas car accident lawyers take your case, our focus will be on ensuring that you receive fair compensation for your losses, pain, and suffering.

We Have a Proven Track Record with Formidable Accolades and Accomplishments.

Crain Brogdon LLP offers the services of acclaimed attorneys who thrive in their respective legal specialties. Since our humble beginnings in 2001, we have successfully won more than $355 million in settlements for our clients.

Our Legal Experts Have Exceptional Ethics and Capabilities.

Our attorneys have successfully led various major legal associations as president or influential board members. Attorney Quentin Brogdon and Attorney Robert Crain have achieved the highest rating, an AV rating, from Martindale-Hubbell.

For contributions to educating lawyers in Texas, the State Bar of Texas Continuing Legal Education Program awarded Attorney Quentin Brogdon the Standing Ovation Award. While Attorney Robert Crain gave pro bono representation of 9/11 World Trade Center Victims.

Texas Litigation Laws Can Be Challenging to Navigate

The legal system in Texas can be daunting, especially when recovering from the physical, psychological, and financial challenges of a car accident.

Our Diligence and Dedication in Every Case Are Evident From the Outstanding Results.

The best chance you have to get higher compensation is to work with an experienced car accident attorney in Dallas. Few attorneys in Dallas can match the skills and experience our legal team brings to the table.

Our attorneys do everything possible to build a robust legal case on your behalf, such as:

  • Conducting crash site investigations
  • Collecting evidence
  • Interviewing witnesses to the accident
  • Hiring expert witnesses.

We Handle all the Complexities

We understand the life-changing effects of a car accident, and that’s why we handle all the complex legal hurdles as you bounce back.

Our legal experts are professional, compassionate, and ready to fight for your justice. With us in your corner, you can focus on rebuilding your health, finances, and family as we take on the courts and the law.

Our Attorneys Will Be Your Voice.

With more than 20 years of experience, we know and understand the tricks insurance adjusters may use to diminish, deny or defer compensation.

Our attorneys will argue the case on your behalf to ensure no one intimidates or takes advantage of you. Let us be your voice as we work toward the best possible compensation for you.

Client Testimonials

When we work with you, we use all available resources to fight for your justice, regardless of the obstacles we face.

In a previous case involving a national company, our client suffered tetraplegia from a car accident. We collaborated with various experts to conduct an intense investigation and present state-of-the-art recreation of the accident.

Even after the company denied responsibility, our team managed to win a net settlement of $8,125,169.

What to Know About Your Car Accident

In case you’re in a car accident, there are some essential factors to note:

  • Working with a car accident lawyer from the beginning is the best move to ensure you have a strong case.
  • An experienced Dallas car accident attorney understands how to handle the case and collect the necessary evidence. Contact us immediately to guide you on the next course of action.
  • Claims involving a lawyer get amounts two to three times higher than unrepresented claims.
  • Vehicle insurance companies try to make the accident claim process as challenging as possible to avoid compensating you.
  • After an accident, it’s best to avoid communicating with the insurance provider. Talking to police officers on the scene or to your lawyer is okay.
  • Legally, a police report doesn’t identify or determine the party at fault in a car accident. Since police reports often record erroneous information, the court must find the statement admissible. Some judges often disallow police reports before they appear before the jury.
  • If you sustain any personal injuries, ensure you seek treatment from qualified medical personnel immediately. It should be a priority even if you have no active health insurance.
  • If the accident involves a driver or vehicle without insurance, it’s best to pursue the claim. Regardless of their insurance status, there’s a chance you’ll receive compensation.

What Does a Car Accident Investigation Entail?

Once you trust Crain Brogdon LLP, to handle your case, the first step is determining the party at fault.

If the crash investigation proves that another party is responsible for the accident, there’s a higher chance of getting compensation via a lawsuit or insurance claim.

In any legal case, evidence is a critical aspect of the case. Our team gathers evidence to show the liable party, the type of injuries involved and the timeline of the treatment and losses incurred.

The evidence can include:

  • Photos of the vehicle(s) and damage estimates
  • Vehicle crash reports
  • Copies of auto insurance policies
  • Accident scene photos
  • Video surveillance of the accident
  • Eyewitness statements
  • Medical records
  • Medical bills, including out-of-pocket expenses and prescriptions
  • Lost wage reports.

Once the investigation is complete, we will start filing an insurance claim on your behalf. We will submit the evidence collected to the insurance adjuster for evaluation.

The insurance company conducts its investigation to determine whether the findings are correct. If they offer an unfair settlement or deny your claim, we take the following steps to prepare for a lawsuit.

What Compensation Should You Expect in a Dallas Car Accident Claim?

The Texas car accident laws allow different types of relief to the victims. Our legal team examines all your records, such as work or income and medical records. We also collaborate with various economic and industry experts where necessary.

This information will help us determine the compensation you deserve for the economic and non-economic damages resulting from the accident.

1. Economic Damages
These are the past and future expenses you’ll incur as a result of your injuries, such as:

  • Home modification costs to ensure accessibility in case of disability
  • Medical equipment required
  • Medical bills from specialists, doctors, hospitals, and other medical services
  • Rehabilitation or physical therapy costs
  • Prescription medication.

Economic damages also cover lost business opportunities, lost future earning capacity, and lost income. Car replacement, repair, and rental costs also fall under this category.

2. Non-Economic Damages

Non-economic damages cover the pain and suffering caused by accidents, such as:

  • Mental anguish
  • Emotional distress
  • Depression, anxiety, and mental disorders like PTSD
  • Discomfort and inability to enjoy life.

The damages also include:

  • Physical impairment
  • Loss of Consortium
  • Disfigurement and scarring.

3. Punitive Damages

If the accident resulted from the defendant driver’s gross negligence or willful action, it’s your right to claim exemplary damages. Our experts will help you fight for punitive damages to punish and discourage such behavior in the future.

In Texas and Dallas-Fort Worth, punitive damages from car accidents have limits. The maximum amount is $200,000 or twice the economic damages a jury awards, with an extra $750,000 for non-economic damages.

For instance, let’s say a gross negligence car accident case causes spinal injury. The jury decides on $1.5 million for economic and $1 million for non-economic damages. The maximum amount for punitive damages will be $3,750,000, which is, 2 times $1.5 million + $750,000.

If the accident causes death, it’s possible to claim survival damages and wrongful death.

What Does a Car Accident Claim or Lawsuit Involve?

Accident Investigation

With decades of combined experience, our legal experts know what to consider when evaluating any wreck, such as:

  • Single-car crashes
  • Rear-end collisions
  • Rollover wrecks
  • Head-on collisions
  • Side impacts.

At this stage, our car accident lawyers will collaborate with our experts and investigators to find answers to two vital questions.

  • Who was responsible for the accident?
  • Why did the accident occur?

The goal is to determine whether the crash occurred due to another party’s negligence. In general, negligence indicates that another person failed to act the way a reasonable person would behave in similar circumstances.

In a car accident case, negligence includes:

Distracted Driving

This means driving while engaging in an activity that causes distraction, such as talking or texting on your phone, or paying attention to pets or other passengers.

There are three primary types of distracted driving:

  • Cognitive distraction, where your focus goes away from driving.
  • Manual distraction, where you take your hands off the wheel.
  • Visual distraction, where you take your eyes off the road.

If you get into an accident due to the other driver’s distracted driving, make sure you get in touch with us to assist you with protecting your legal rights.

Texting while driving combines all three types of distraction, making it extremely dangerous. In Texas, if you cause an accident that leads to severe injury or death of another person, you can get a Class A misdemeanor charge. It comes with a jail term of up to 12 months and a fine of up to $4,000.

Aggressive Driving

Aggressive behavior when driving includes actions such as:

  • Dangerous overtaking or failing to give way
  • Failing to slow down or stop at a red light, intersection, or where there’s a stop sign
  • Meandering through traffic
  • Tailgating.

Speeding

Speeding refers to driving at a speed that exceeds the indicated limit or is too fast for the road’s design, weather conditions, or traffic.

Drunk Driving

Drunk driving means driving under the influence of illegal or prescription drugs or alcohol. The legal blood alcohol concentration is 0.08, so any amount higher than this means you’re drunk driving.

Drowsy Driving

Drowsy driving means driving your car while excessively fatigued or falling asleep on the road.

Not all cases find fault in the other driver, as sometimes the investigation determines the error is on neither side. Our attorneys also consider whether the accident was a result of:

Dangerous Road Conditions

Perhaps the government agency in charge of maintaining the road failed to do so, causing your car accident.

Faulty Car Repairs

Maybe a mechanic didn’t make the necessary repairs correctly, making your car unsafe to drive.

Manufacturing or Design Defects

Sometimes specific car parts, like the brakes or tires, fail to work correctly or as expected due to defects from the manufacturer. Some vehicles also have defective safety features such as airbags and seatbelts due to oversight or errors on the manufacturer’s end.

Filing the Insurance Claim and or Proceeding with Litigation

After thorough investigations, our team will file an elaborate claim with the insurance provider. In most cases, litigation is unnecessary because the insurance companies agree to settle the claim outside of court.

However, if we feel that the settlement is unfair, we will proceed with a lawsuit to ensure you get the amount you deserve. We can negotiate directly with the insurance company’s lawyers, but we are always ready for trial if this approach fails.

Resolution

Once there’s an agreement on a settlement, we can follow up to ensure you receive the amount owed. We can also help settle any liens or claims from healthcare providers for expenses related to your recovery.

Statutes of Limitation in Texas

A “statute of limitations” refers to a law that specifies the time limit a person has to take legal action after an accident.

In Texas, the statute of limitations for personal injury claims and car wrecks is two years from when the accident occurred. Therefore, if there’s no resolution on your claim, you must file your lawsuit before two years elapse.

Exceptions to the Statute of Limitations

In some car accident cases, extending the two-year time limit is possible. These exceptions apply to circumstances such as:

The Accident Involves a Person below the Age of 18

If the plaintiff is a child under 18 years old, the statute of limitations gets tolled (extended) until they reach 18.

The Accident Caused You to Become Physically or Mentally Impaired.

Serious injuries can leave you physically or mentally impaired to the extent that you cannot pursue the case within two years. Such life-changing injuries are common in motorcycle accidents.

In this case, the statute of limitations can get tolled until you become mentally and physically able to file your lawsuit.

You Discover the Other Party’s Fault After the Settlement.

For car wreck cases, there’s a discovery rule. According to this rule, the timeline of the statute of limitations starts after you become aware of the other party’s fault.

Settlement negotiations, investigations, and evidence collection often take longer than expected. Two years seems long enough, but it’s best to seek legal assistance from the beginning.

Dallas Car Accident FAQs

Remember that the entire claims process is not for your benefit but for the auto insurance company’s interests. If the company feels that a jury will not compel them to pay the claim, they will ensure the amount is as low as possible.

How Much Should I Expect From My Car Accident Case?

There’s no specific formula to calculate the exact compensation you should get from a car accident claim.

Various factors affect the amount, such as the severity of your injuries, medical bills, whether you’re liable, and if the injuries are permanent.

Can I File a Claim for My Injured Child?

Yes, as the child’s guardian or parent, you can file the claim for them.

Will I Need to Go to Court After Filing a Car Accident Claim?

Most car accident claim cases get settled outside court or before trial. However, if the insurance company doesn’t offer a fair amount, we aren’t afraid to handle the tough cases with no clear answer.

How Do Insurance Companies Determine how much to Settle?

If an insurance company is aware there’s little or no chance of getting sued, they will deny your claim or offer only the bare minimum.

Once you involve legal experts, the insurance company will handle the case depending on the most likely verdict if the case proceeds to court. You’ll have a higher chance of getting a more significant amount and reaching a settlement out of court.

What If the Insurer Doesn’t Want to Settle My Case?

Insurance companies avoid paying claims as much as possible. Some delay in making a suitable offer, hoping you’ll accept a lower amount out of desperation.

If they are unwilling to offer a reasonable settlement, our formidable legal team will file a lawsuit and help present your case to a judge and jury.

Do I Still Have a Case if I’m Partially at Fault?

It depends on the percentage of fault, where the threshold is 51%. In Texas, modified comparative negligence laws allow you to file a claim even if you have partial responsibility for the accident.

If the investigation finds you liable for the accident by 51% or more, you’ll not receive any compensation for the damages. In such a case, we will focus on reducing the percentage of your liability in the accident.

Contact our Dallas Car Accident Lawyer Today to Get Started

By law, it’s your right to pursue compensation after a car accident. This process is often tricky, especially when dealing with a third-party insurance company or individual.

We will guide you every step of the way and fight to protect your right to justice and compensation. Our experienced and talented Dallas car accident attorneys will assist you with navigating various Texas laws vital to your case, negotiations, and court processes.

Get in touch with us today by calling 214-522-9404 and request a free case review to learn how we can assist you.

Attorney Quentin Brogdon

Attorney Quentin BrogdonQuentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]