Car accidents are devastating for all parties involved, especially those who suffer injuries. Whether your injury is a minor one like a cut or broken bone or a major one like paralysis, you deserve to be compensated for your injury. A Fort Worth car accident lawyer will ensure that your rights are protected after suffering an injury in a car accident. Let Domingo Garcia Law Office investigate the crash that left you injured and fight for your right to compensation.
If you need help in finding or seeing a doctor, once you hire our law firm, we will provide you with a referral for medical care. Domingo Garcia has relationships with doctors and clinics that will provide you medical care, including necessary physical therapy and even surgery if that is required.
Common Types of Car Accidents in Fort Worth
Car accidents in Fort Worth can take many forms. Your attorney will need to carefully analyze the type of car accident you were involved in to determine how your accident occurred and who is responsible for causing your injuries.
With that in mind, there are some types of car accidents seen more frequently in Fort Worth and others. Some of these car accidents include:
- Sideswipe accidents
- T-bone accidents
- Rear-end collisions
- Head-on collisions
- Accidents at intersections
- Accidents involving drunk drivers
- Accidents involving distracted drivers
- Accidents involving drowsy drivers
- Highway accidents
- Rollover accidents
- Single-vehicle accidents
- Multivehicle accident
- Parking lot accidents
- Road construction accidents
These are just a few of the more common ways in which your Fort Worth car accident could have occurred. If you were involved in another type of car accident that was not listed above, be sure to contact our office so we can discuss your legal options going forward.
When to Sue for a Fort Worth Car Accident
You may not be sure whether you have the right to move forward with a car accident insurance or civil claim. However, when you are lying in your Fort Worth hospital bed wondering what your next steps should be, it may be worth your time to consider whether someone else is or could be responsible for causing your injuries.
For car accident cases, the answer may not be clear. This is why it may be in your best interests to contact a car accident lawyer for help. When you are not sure if someone else is at fault for the accident, an attorney can analyze the evidence to determine liability.
Furthermore, you will want to consider how your injuries have affected your life. If you suffered minor injuries that did not affect you emotionally, financially, or physically, you might not have grounds for a car accident claim. However, if you suffered injuries that had a substantial impact on your life in any way, you may have the right to pursue your claim.
Common Car Accident Injuries in Fort Worth
Many car accident victims have concerns that their injuries are not catastrophic or life-threatening. It is important to remember you need not have suffered a critical injury to have grounds for a claim.
Your injuries must have had a substantial impact on your life, but that does not necessarily mean they must have been life-threatening. However, there are some types of injuries we see more frequently in Fort Worth car accidents than others. Some of these injuries include:
- Loss of limbs
- Spinal cord injuries
- Herniated discs
- Back injuries
- Head injuries
- Traumatic brain injuries (TBI)
- Full-thickness burns
- Organ failure
- Internal bleeding
- Post-traumatic stress disorder (PTSD)
- Compound fractures and broken bones
- Lacerations leading to sepsis
If you suffered another type of injury that was not listed above, you might still have grounds for a car accident claim in Fort Worth. You can find out what legal options are available to you when you discuss your injuries further with your attorney.
Protecting Your Rights After a Car Accident
Being involved in a car accident does not automatically mean you will be compensated for your injuries. You need a Fort Worth car accident lawyer on your side in order to protect your rights and fight for compensation. Unless you have a lawyer on your side, you will not be able to effectively protect your rights after a car accident.
A car accident lawyer knows the ins and outs of the law, understands the court system in Texas, and can help build a case in your favor. When you work with a car accident lawyer in Fort Worth, you can rest assured that your rights are protected from unscrupulous claims, low-ball insurance settlement offers, and opposing attorneys who fight to reduce the severity of your injury.
Estimating the Worth of a Car Accident Claim
Every car accident claim is different because of the circumstances surrounding the crash, the severity of the injuries, and the damage caused to the vehicles involved. That is why a Fort Worth car accident attorney cannot put a finite number on your claim without first reviewing what happened, fully understanding your injuries as well as the extent of any future problems. The following circumstances go into determining the worth of a car accident claim:
- The cause of the crash
- The injuries suffered and all past and future medical care related to these injuries
- If the at-fault driver was negligent or grossly negligent
- The cost of the damage to your vehicle
- The amount of time you have already missed at work or might miss while recovering from your injury including the impact on your ability to earn money in the future.
- If your home needs to be renovated to account for your injury
A Fort Worth car accident lawyer will take all of these items into consideration when evaluating your case and building a claim. Compensation for your claim will be based on all of these items, which means it is vital that you secure legal representation as soon as possible after suffering an injury in a car accident. If you would like to visit with one of our representatives you are not required to immediately come to our office. When you contact our Fort Worth car accident lawyers, we can come to your house, office, or anywhere else you would like to meet us.
The Texas Statute of Limitations
In most cases, the statute of limitations in Texas is two years from the date of the accident that caused your injury. This means that you have only two years to file a claim against the at-fault party. If the claim is filed two years and one day after the accident, the court can dismiss the case, leaving you without any compensation for your injuries.
Exceptions to the Texas Statute of Limitations
There are some exceptions to the statute of limitations in Texas that allow you to file a claim more than two years after the date of the accident. The first exception is if the victim was under 18 at the time of the crash or of unsound mind. The second exception is if the at-fault party involved in the accident left Texas. If this happens, the entire time the at-fault party is living outside of Texas will not be counted towards the statute of limitations.
Nevertheless, the longer you wait after a car wreck, the more it can harm your case, especially if you are having trouble finding medical treatment. When you hire our law firm, we will help arrange for immediate medical treatment so you can start the recovery process, and the insurance company cannot claim that you are not injured due to any delay in care.
Not All Cases Reach Court or Result in a Trial
It is important to note that not all car accident cases will wind up going to court or reaching trial. A strong Fort Worth car accident lawyer will have experience representing accident victims in settlement negotiations and at trial. Domingo Garcia Law Office will fight to protect your rights no matter how your case plays out: in court or in settlement negotiations. Our Fort Worth car accident attorneys will take your case to trial if the insurance company does not offer you a fair settlement. We have a history of holding insurance companies accountable.
Because of our reputation for taking cases to trial, the vast majority of the time the at-fault driver’s insurance company will offer a pre-trial settlement that fairly compensates our clients. Settlement negotiations can take a while to conclude, especially if both sides are far apart on the value of compensation. If a settlement cannot be reached, a car accident attorney in Fort Worth will then switch gears to preparing for trial.
How a Fort Worth Car Accident Lawyer Investigates a Case
The investigation is the most important aspect of a car accident case. A Fort Worth car accident lawyer does not enter into settlement negotiations or appear at trial without first conducting an investigation. The following aspects should always be present in any car accident investigation by a car accident lawyer:
- Securing evidence from the crash scene
- Speaking to witnesses of the accident
- Obtaining the police report
- Obtaining the damage estimate from the car repair shop
- Speaking with the doctor who evaluated you for your injuries
- Securing expert witnesses to testify on your behalf at a deposition or at trial
Be sure to speak with a Fort Worth car accident lawyer from Domingo Garcia Law Office as soon as possible after suffering an injury in a car accident. We could help you get the most out of your claim, as we did for our recent clients who netted nearly $2.7 million in their personal injury claim.
Causes of Fort Worth Car Accidents
Fort Worth, Texas, has a population of just under 1 million people, making it one of the largest cities in the Lonestar State. With the sheer number of people, there are bound to be a multitude of car accidents each day. In fact, Fort Worth had the sixth-highest rate of traffic fatalities in the country in 2017 as 12.58 people per 100,000 were killed. The most common causes of traffic accidents our Fort Worth car accident lawyers see include the following:
- Failure to stop at a red light or stop sign
- Failure to yield the right of way
- Distracted driving
- Impaired driving
- Drowsy driving
- Aggressive driving
- Poor vehicle maintenance
- Auto part malfunctions
- Dangerous road conditions
Liability for Car Accidents in Fort Worth
Now that you have a better idea of some of the more common causes of Fort Worth car accidents, we must now establish liability. This type of car accident you were involved in gives your attorney a better idea of who could be responsible for your injuries.
As previously mentioned, various types of negligent driving are often the cause of car accidents in Fort Worth. When negligent drivers cause collisions, they can be held accountable to the fullest extent of the law.
However, you might be surprised to learn that there are other parties who could also share liability when a negligent driver causes your collision. For example, if a drunk driver caused an accident and a local dram shop oversold or served them alcohol, the dram shop could share fault for your injuries.
If the driver was a teen driver who was under the influence of drugs or alcohol, the teen driver’s parents could share liability and be held accountable for the actions of their child.
Auto Part Malfunctions and Poor Vehicle Maintenance
In cases where poor vehicle maintenance or defective auto parts caused your collision, there is a multitude of parties who could share liability for your injuries, including:
- Auto parts designers
- Motor vehicle parts manufacturers
- Auto parts distributors and suppliers
- Motor vehicle dealerships
- Maintenance technicians
- Company executives
- Safety inspectors
- Other third parties
Dangerous Road Conditions
When talking about dangerous road conditions, we are not necessarily talking about accidents caused by inclement weather. Instead, we refer to hazardous roads that are not being properly maintained or cared for.
There are several individuals and entities who could share responsibility for car accidents caused by dangerous road conditions in Fort Worth. Some of these parties include:
- Government agencies
- Roadway Construction and Maintenance companies
- Contractors and subcontractors
- Safety inspectors
- Other third parties
No matter what caused your Fort Worth car accident, your attorney will need to thoroughly investigate in order to uncover the truth. Throughout the course of our investigation, we will gather the evidence needed to prove negligence in your case.
How to Prove Negligence in a Fort Worth Car Accident Claim
In a Fort Worth car accident claim, your attorney will need to prove the defendant was negligent in some way. To prove negligence, the four following elements must be met:
- Duty of care
- Breach of duty
Here, your attorney will need to show that the defendant owed you a duty of care and somehow breached this duty of care. It is not enough for the defendant to owe and breach their duty of care.
Their actions must also have been the cause of your injuries. Your injuries, or the accident or incident itself, must have had a considerable impact on your life for your case to be successful. Some of the more common types of evidence that can be used to prove liability and negligence in a Fort Worth car accident claim include:
- Phone records
- Social media posts
- Other communication exchanges
- Forensic evidence
- Chemical blood alcohol test results
- Photos of the accident scene
- Photos of property damages
- Photos of vehicle damages
- CCTV or dashcam footage
- Video of the accident
- Eyewitness testimony
- Expert witnesses
- Accident reconstructionist reports
- Injury reconstructionist reports
- Police reports
- Accident and crash reports
- Safety logs
- Safety inspection reports
How Texas’ Proportionate Responsibility Laws Could Affect Your Case
Car accident victims in Fort Worth could be partially responsible for causing their injuries. This often means they hesitate to contact a lawyer for help because they are under the impression they cannot recover compensation when partially at fault. However, this is not the case in Texas as long as your portion of liability does not exceed 50%.
Texas operates under a proportionate responsibility system, also commonly known as modified comparative negligence. Once your portion of fault exceeds 50%, you are no longer eligible for compensation. If you carry 50% or less liability for causing the accident, you can expect your percentage of fault to be deducted from your injury settlement to account for your liability.
For example, if you were sending a text message when you were struck by a drunk driver, the judge might find you 40% responsible for causing your injuries. If the jury awarded you $250,000 for your injuries and damages, your award would be reduced by 40%. This would leave you with a final car accident injury settlement of $150,000.
Since sharing liability can have such a considerable impact on the outcome of your case, it is imperative that you get a car accident lawyer on your side who will ensure fault is assessed accurately in your case.
What to Expect from the Insurance Company
Dealing with the insurance company is one of the more tiresome elements of the claims process. This is because insurance companies care more about their own financial interest than they do about yours.
Although insurance companies like to pretend they look out for their policyholders, the truth is, they have an entire team of staff working to pick apart your claim and find reasons to deny it. Here is a better idea of what you can expect when dealing with the insurance company following your car accident in Fort Worth:
Negotiating with the insurance company is an art form. Insurance companies know that car accident victims represented by lawyers get several times more in settlements than those who do not hire a lawyer so they will try to discourage you from hiring an attorney–do NOT fall in this trap.
Texas is a fault state for car accidents and insurance purposes, so you can expect to file a claim with the liable party’s insurance provider. The insurance company is going to examine your claim in detail to find reasons to deny it.
They may argue you failed to provide the necessary documentation, failed to file your claim in a timely manner, or have other reasons for refusing to settle your claim fairly. When the insurance company refuses to back down, it is time to show them you mean business.
Your car accident lawyer in Fort Worth is not afraid to go up against the insurance company to fight for the compensation you deserve. Let us handle the claim filing and negotiations process on your behalf while you heal from your injuries.
What Do Insurance Settlements Cover?
Many car accident victims make the mistake of believing their insurance settlement is going to cover all of their damages. However, this is rarely, if ever, the case. Insurance companies are required to pay out up to the limits of the policyholder’s policy.
Since Texas is a fault state, the amount of compensation and the types of damages you can’t be compensated for will be dependent on what coverage the defendant purchased. If the defendant did not purchase auto insurance coverage, you will not have an insurance company to file a claim with unless you purchased uninsured and underinsured motorist insurance (UIM)
Texas law requires drivers to purchase a minimum of $30,000 per person and 60,000 per accident and bodily injury liability coverage. If the defendant only purchased this bare minimum, and your medical expenses exceeded $30,000 you will want to be able to recover from your UIM insurance
Fort Worth Car Accident FAQs
When you are interested in moving forward with your car accident claim in Fort Worth but you have many unanswered questions, you may be scouring the Internet looking for answers. You can get the legal advice and support you need when you contact an attorney at the Domingo Garcia Law Office for help.
In the meantime, we have answered some of the most frequently asked questions regarding car accident claims in Fort Worth below. Make sure any questions you have that we did not cover here are discussed during your free consultation.
How Much does It Cost to Hire a Car Accident Attorney?
Working with a car accident lawyer is one of the most cost-effective ways to recover compensation in your car accident claim. This is because the majority of reputable car accident attorneys work with injury victims on contingency. This means you pay ZERO costs or attorneys fees unless or until we win your case. Your attorney will absorb all of the risk of moving forward with your case, including covering all the costs of building your claim.
Can I File a Claim if My Child Was Injured in a Car Accident?
If your child suffered injuries in a car accident, they have the right to be compensated for their damages. In fact, children’s lives may be far more impacted emotionally, physically, and financially due to their injuries. It is up to you as your child’s legal guardian or parent to advocate for their right to maximum compensation. Our firm is here to help you get your child justice.
What Damages Can Be Recovered in a Car Accident Lawsuit?
You have the right to be compensated for every single loss you suffered as a result of your car accident injuries. Some of the more common types of damages recovered in car accident lawsuits include:
- Property damages
- Physical pain and suffering
- Mental anguish
- Physical Impairment or Disabilty
- Disfigurement from amputation or scarring
- Loss of income
- Diminished earning capacity
- Loss of enjoyment of life
- Loss of consortium
- Medical expenses
Contact a Fort Worth Car Accident Lawyer Today
Were you or a loved one injured in a car accident? The roads of Fort Worth are dangerous for drivers of all ages and skill levels. You need the experience of a tough Fort Worth car accident lawyer on your side when seeking compensation following a crash. Call the Domingo Garcia Law Office, or complete a contact form to schedule a consultation today.