Aggressively Protecting Your Rights after an Automobile Accident
The statistics only tell one part of the story—the National Highway Traffic Safety Administration reports more than 7 million motor vehicle accidents across the United States every year. That’s nearly 20,000 per day, 800 an hour and 13 for every minute that goes by. The vast majority of car accidents are caused by carelessness or negligence. When you or someone you love has been hurt in any type of wreck in or around Arlington, you want a proven attorney to help you recover for all your losses. You want Bailey & Galyen.
At the law offices of Bailey & Galyen, we have helped victims of personal injury pursue full and fair compensation for more than 40 years, including people hurt in any type of auto accident. Over the past four decades, we have obtained verdicts and settlements totaling hundreds of millions of dollars for clients who have suffered injury because of the wrongful acts of others. We built our reputation on a commitment to hard work, thorough preparation and unparalleled client service. We’ll take the time to listen carefully, so that we know exactly what happened, as well as what you need to get your life back. We will keep you fully involved and informed at all times, updating you on any developments in your case and helping you understand your options and prospects for success, so that you can make the best decisions moving forward. We know the importance of regular communication with your lawyer and work hard to be available and accessible whenever you need to talk.
How Fault is Determined in Car Accident Lawsuits in Texas
As a general rule, most personal injury claims in Texas, including automobile accident cases, are based on the legal theory of negligence. To prove negligence and recover damages (financial compensation), an injured person (the plaintiff) must convince the jury that the defendant (person from whom compensation is sought), at the time of the accident, was not acting reasonably. To make that argument, the plaintiff may, for example, introduce evidence that the defendant was exceeding the speed limit, failed to stop at a traffic light or stop sign, or made an illegal turn. The plaintiff must also show that the defendant’s unreasonable behavior caused the accident, which resulted in actual losses.
What Are the Common Causes of Car Accidents in Arlington, Texas?
In most instances, auto accidents are caused by the carelessness or negligence of other drivers. That may include:
- Traffic violations—Speeding, reckless driving, failure to use appropriate caution, illegal lane changes, failure to maintain proper distance, or running a traffic signal or sign
- Driving while intoxicated or impaired—Operating a motor vehicle while high or inebriated
- Distracted driving—Focusing on anything other than the road while behind the wheel, including handheld devices (phones or tablets), tuning the car radio, eating or drinking, engaging in personal grooming, talking to other passengers or looking at roadside attractions
- Aggressive driving—Weaving in and out of traffic, making rolling stops, excessive lane changes and tailgating
- Driving without proper rest
- Inclement weather—Failing to take rain, ice, sleet or snow into account while driving
Occasionally, car accidents stem from external factors, such as:
- Mechanical breakdowns—Dangerous or defective vehicle components (such as tires or brakes) or poorly maintained vehicles
- Roadway defects—Potholes, uneven lanes, loose gravel or dirt on the road, broken or hidden road signs or signals
What Kinds of Car Accidents Are Most Common in Arlington, Texas?
Statistics indicate many different types of motor vehicle accidents in the Lone Star State:
- Rear-end collisions, often the result of tailgating, aggressive driving, or failing to pay attention to other vehicles on the road
- T-bones, commonly caused when a motorist runs a traffic sign or red light, or fails to yield to the right of way of another vehicle
- Head-on collisions, typically at left-turn lanes, but also common in cases of driver fatigue
- Sideswipes related to improper lane changes or aggressive driving
What Should Your First Steps Be after an Arlington Car Crash?
After any type of accident, including a car wreck, your first concern should be your health and safety. If you can do so without risking further injury, it’s best to stay exactly where you are until medical professionals arrive. Once they are there, defer to their expertise—they’ve been in this situation before. They know the questions to ask and they’ll know the best course of action, based on your injuries. If they believe you should go to the hospital by ambulance, do it.
Even if you are able to leave the scene of the accident under your own power, you should seek medical attention as soon as possible, at a hospital ER, an urgent care facility or in the offices of your primary care physician.
When getting medical treatment, be sure to tell doctors and nurses about everything that seems out of the ordinary. Don’t focus entirely on obvious injuries, such as broken bones, cuts or bruises, and neglect to mention other discomfort or conditions, such as a stiff neck or back, or balance issues. Too often, the injuries that will take the longest time to fully heal are the ones that don’t show up for a few days or weeks. If medical professionals know what happened, they may be able to anticipate injuries that are not yet apparent and take preemptive action.
What Is the Statute of Limitations for Filing an Arlington Car Accident Lawsuit?
The time period for filing a personal injury claim in Texas, known as the “statute of limitations,” is two years, generally from the date of the injury or accident. That ensures that the evidence remains fresh in the minds of all parties involved, and that the defendant doesn’t have to live with a potential lawsuit hanging over his or her head for an unreasonable period of time. The statute of limitations can be extended, though, under what is known in Texas as the “discovery rule.” In cases where an injury is not immediately apparent, the time period for the statute of limitations will not start to run until the injured person either discovers the injury or should reasonably have discovered the injury.
Should You Gather Evidence at the Scene of a Car Accident?
Absolutely. If possible, get contact information from anyone else involved in the accident, as well as potential witnesses. You can also help your attorney by taking pictures of anything that may be relevant to your case, including your injuries, any damage to vehicles, unusual road conditions or weather events that may have contributed to the crash.
What Types of Loss or Injury Can Be Recovered in an Arlington Auto Accident Lawsuit?
Under the law, you have a right to seek full and fair compensation for any injury or loss resulting from the accident, such as:
- Lost wages and income
- Loss of companionship or consortium
- Loss of enjoyment of life
- Any physical or mental pain and suffering resulting from the accident
- Any unreimbursed medical expenses
- Any property damage or loss
What Kind of Response Should You Expect from Your Insurance Company after an Auto Accident?
When you report your accident and injuries to your insurer, you may get an immediate response offering you what seems to be a fair settlement. Beware! Insurance companies are for-profit entities that have an obligation to maximize shareholder value. They do that by minimizing payouts on claims. Their initial offer will likely be for far less than your policy covers. Conversely, they may engage in delay or even reject your claim. That’s why your first step after a car accident should be to hire an experienced attorney. Your lawyer can be your liaison with insurers.
What Can You Expect in an Insurance Settlement?
At a minimum, auto insurance policies provide coverage for damage to or loss of a vehicle. They may also include some coverage for injuries to other motorists, as well as payment of any medical bills that you and/or your passengers incur. If you paid extra for uninsured and underinsured motorists coverage, you may also be able to get benefits if the other driver had little or no insurance.
What Are the Benefits of Hiring an Experienced Car Accident Attorney in Arlington?
The legal process is complex and often intimidating. Furthermore, most auto insurance companies have experienced legal counsel to help them minimize claims. To level the playing field, it’s essential that you retain qualified counsel, who can:
- Fully investigate of the facts and circumstances of your accident
- Evaluate your case and help you decide whether it’s best to seek a settlement or take your case to trial
- Determine the need for expert witnesses, and, if so, prepare them so that you present the compelling arguments for your full financial recovery
- Prepare and file all documents required throughout the litigation process
- Be your advocate in all meetings, hearings and proceedings, including depositions, motion hearings and trial
How Can the Attorneys at Bailey & Galyen Help You after an Arlington Car Accident?
At Bailey & Galyen, we have fought for the rights of auto accident victims in Texas for more than 40 years. We will be at your side at every stage of the legal process, from the filing of a complaint through the gathering of evidence, at trial, and in all appeals, if necessary.
Talk to Our Arlington Car Accident Attorneys Today for a Free Case Evaluation
At the law offices of Bailey and Galyen, with offices throughout Texas, we proudly offer our 100% promise, working hard to ensure your total satisfaction with our services. Our phones are answered 24 hours a day, seven days a week. Evening and weekend meetings can be arranged upon request and we can travel for an appointment, upon request.
We provide a free initial consultation to anyone who has been injured in a car accident. To set up an appointment, call our offices at 1-844-402-2992 or contact us by e-mail. We handle all car accident claims on a contingency basis. We will only charge attorney fees if we recover compensation for your losses.