Dallas Car Accident Lawyers: Experienced Legal Advocacy for Your Claim

When you have suffered any type of injury in an auto wreck, you want experienced attorneys to help you get full and fair compensation. The proven Dallas car accident lawyers at Bailey & Galyen can help. We bring more than 40 years of experience to every case we handle. Contact us online or call our offices at 972-449-1241 for a free initial consultation.

According to the National Highway Traffic Safety Administration (NHTSA), there are more than 6 million motor vehicle accidents across the United States every year, with nearly 4.5 million people seeking medical care because of those wrecks. In 2022, officials reported nearly 43,000 deaths in accidents on America’s roadways. Not surprisingly, Texas ranks near the top in the total number of accidents and leads the nation in the actual number of motor-vehicle fatalities. Much of that can be attributed to the fact that Texas has nearly 700,000 miles of roadway, the most in the nation.

In 2022, Dallas County officials logged nearly 55,000 motor vehicle collisions, about 10% of the total number of car accidents across the Lone Star State. Approximately four of every ten of those accidents resulted in treatment for injuries, or in death.

The Common Types of Car Accidents in Dallas

• Rear-end collisions—The most common type of motor vehicle collision in Texas and nationwide, these accidents occur when a motorist following another car fails to stop in time and collides with the back of that vehicle. Common causes include distracted driving, excessive speed, aggressive driving, and driving under the influence of alcohol or drugs.
• T-bone or side-impact crashes—These accidents occur when a motorist collides with a vehicle traveling in a perpendicular direction. They typically result from failure to stop at a red light or stop sign, whether due to excessive speed, aggressive driving, distracted driving, or failure to take weather conditions into account.
• Head-on collisions—These wrecks occur when motorists traveling toward each other collide, with one or both of the motorists crossing the centerline. Head-on crashes can be a consequence of drunk or impaired driving or failure to keep an eye on the road.
• Left-turn accidents—These crashes occur when one motorist is turning left and another is traveling straight ahead. Typically, the motorist who causes the accident has failed to yield to the right-of-way of the other driver.
• Rollovers—These are often single-vehicle accidents, where the driver attempts to negotiate a turn while traveling at a high rate of speed. Certain vehicles with high centers of gravity may be more susceptible to rollovers.
• Blind spot accidents—A motorist may collide with another vehicle traveling in his or her blind spot, the space alongside the car on the driver’s side that cannot be seen in the side-view mirror. Such accidents are commonly sideswipes, but may be far more serious if one of the drivers loses control and veers into the path of another car.
• Hit-and-run accidents—The motorists involved in any type of accident should always stop and wait until police arrive. When a person causes an accident, but fails to stay on the scene, it is referred to as a “hit and run” accident. The injured party may, however, be able to recover some damages from their insurance provider.

The Car Accident Laws in Dallas and Across Texas

A car accident injury claim in Dallas is a form of personal injury action. In Dallas, in Texas, and across the United States, the vast majority of car or motor vehicle accident claims are based on a legal theory of negligence. To prove negligence in a court of law in Texas, an injured party must show, by the weight of the evidence, that the defendant (the person from whom compensation is sought) engaged in some type of activity that would not be considered reasonable by an ordinary person of average prudence. The injured party must further show that the failure to act reasonably caused an accident, which resulted in actual losses for the defendant.

Texas law does not identify specific acts by drivers that are considered unreasonable. Instead, the determination of whether the defendant’s behavior violated the standard of care is made by the jury on a case-by-case basis. Jurors are required, however, to give weight to prior rulings on the same types of legal issues, thereby ensuring some consistency in outcomes.

To establish cause in a personal injury lawsuit, the injury party must prove that the defendant’s carelessness was both the actual and proximate cause of the accident. Actual cause means that the accident would not have happened but for the defendant’s unreasonable behavior. Proximate cause requires that the accident and or injuries must be a reasonably foreseeable result of the defendant’s unreasonable behavior.

The requirement of actual losses prevents an injured party from recovering twice for the same injury. For example, medical expenses covered by insurance may not be recovered by the injured party in a Dallas car accident lawsuit.

What Kind of Compensation Can You Pursue After a Dallas Car Accident?

Damages are considered to be either compensatory or punitive. Compensatory damages are tied to specific losses and are intended to reimburse an injured party for actual losses. Punitive damages are less about the victim and more about the behavior of the wrongdoer. As the word implies, they are primarily intended as a punishment or sanction. As a practical matter, punitive damages are rarely awarded in car accident or other personal injury lawsuits, typically only in situations where the defendant acted intentionally, or with reckless disregard for the value of human life.

There are two types of compensatory damages: economic and non-economic.

• Economic damages—Economic damages are those that are easy to document and calculate, usually involving supporting documentation. Examples of economic damages include:
  • Lost wages or income, usually supported by pay stubs or tax returns
  • Unreimbursed medical expenses, including physical therapy, medications, rehabilitation, and medical devices, commonly proven with medical records and billings
  • Property loss or damage, calculated by determining the loss in value or the cost to replace an item
  • Wrongful death—When a Dallas car crash leads to an accidental death, surviving family members have a right to seek compensation for:
    • Loss of support the decedent would have provided
    • Loss of guidance, love, counseling, and companionship
    • Loss of services the decedent would have provided around the house
    • Funeral or burial expenses
    • Emotional or mental distress
• Non-economic damages—Non-economic damages are less tangible, with little or no documentary evidence, making their value difficult to ascertain with any certainty. Non-economic damages include:
  • Pain and suffering—Any physical pain or suffering as a consequence of the accident, as well as any emotional or mental suffering tied to the wreck
  • Loss of companionship or consortium—The inability to have close or intimate relationships with family members as a result of the accident
  • Loss of enjoyment of life—The inability to do the things the injured person could do before the accident, from simple tasks, such as grooming or moving about, to activities that brought special joy or meaning, including hobbies, athletic pursuits, and other avocations.

To learn more about what you can expect to recover after a motor vehicle accident, contact the aggressive Dallas car accident lawyers at Bailey & Galyen.

What Are the Most Common Causes of Dallas Car Accidents?

A Dallas car accident may result from one or a number of factors, including:

• Distracted driving—The most common cause of motor vehicle wrecks, distracted driving involves a simple failure to pay attention to the road. Drivers may be distracted by a number of activities, including the use of a handheld device, eating or grooming behind the wheel, talking to or monitoring passengers, or focusing on roadside attractions.
• Driving under the influence of alcohol or drugs—About one of every three car accidents in Dallas and nationwide involves the use of alcohol by one of the drivers.
• Failure to obey traffic laws—Failure to stop at a red light or stop sign, failure to yield to the right-of-way of another driver, failure to use due caution, illegal lane changes, excessive speed, tailgating, illegal turns
• Driver fatigue—Far too often, drivers stay on the road for too long without a break or fail to get adequate rest before driving. Studies show that fatigue commonly affects judgment and reaction times behind the wheel.
• The breakdown or malfunction of motor vehicle components—Faulty tires, steering mechanisms, brakes, and other components can cause motorists to lose control of a vehicle
• Roadway defects—Potholes, uneven lanes, gravel or water on the road, poorly designed turns or highway entrances, broken or missing road signs
• Aggressive driving—Tailgating, cutting off other drivers, failing to come to a complete stop at a stop sign or red light, excessive speed

What Are the Most Common Types of Injuries Suffered in Car Accidents?

A motor vehicle accident may lead to a broad range of physical injuries, including:

• Whiplash—Whiplash occurs when the force of an impact causes your head and neck to violently snap back and forth, similar to the crack of a whip. You can suffer whiplash-type injuries with almost any level of impact. In a whiplash-type injury, your brain typically bounces off the inside of your skull, causing tissue damage, inflammation, and potential internal bleeding. In addition, the connective tissue in your neck, shoulders, and upper back can be strained or torn, leading to significant discomfort.
• Traumatic brain injury, including concussions—Traumatic brain injury (TBI) can result from any bump or blow to the head in a car accident, and can also be caused by whiplash. The TBI may be mild, commonly referred to as a “concussion,” and may take the form of an open or closed head injury.
• Spinal cord injury, including paralysis—Damage to your spinal cord, including bruising or severing of nerve connections, can lead to loss of use of upper or lower limbs or your whole body.
• Soft-tissue injury, such as lacerations, abrasions, bruises, sprains, and strains—One of the most common and debilitating injuries suffered in a car accident, soft tissue injury typically involves damage or injury to cells or muscles.
• Broken bones
• Amputation or loss of limb
• Burn injuries
• Joint or connective tissue injuries—Injury to tendons, ligaments, muscles, or cartilage
• Back and neck injuries—Disc injury, including slipped, bulging or herniated discs, as well as sprains, strains, or tearing of muscles in the neck and lower back

Who Pays Your Medical Bills After a Dallas Car Accident?

For auto insurance purposes, Texas is an “at-fault” state, though a no-fault provision can be added to your policy. When you have been hurt in a motor vehicle accident, you can typically turn to your own health insurance provider for some coverage, though it may be limited. To have medical bills paid through an auto insurance policy, you will typically need to start by filing a claim with the at-fault party’s insurer. If that insurance is insufficient to cover your medical bills, you may be able to seek some benefits through your own car insurance policy, provided you have not declined the Personal Injury Protection (PIP) that is commonly included. Your auto insurance policy may also have uninsured or underinsured motorists coverage, provided you have not declined that coverage in writing.

How Long Do You Have to File a Lawsuit After a Dallas Car Accident?

In Texas, the statute of limitations for personal injury is two years from the date of the accident or from the date you actually or should reasonably have discovered your injuries. An experienced car accident lawyer in Dallas can ensure that all documents are filed in a timely manner.

What Should You Do in the Immediate Aftermath of a Dallas Car Accident?

• Seek medical care—The most important consideration after any type of car accident is your health. Determine if you are able to move under your own power. If you have neck or back injuries, simply stay put until emergency medical professionals arrive. Be willing to go to the hospital by ambulance, if necessary. Even if you can walk away from the accident, seek immediate medical attention at a nearby hospital, urgent care facility, or the offices of your primary care doctor.
• Report the accident—Call 911 as soon as possible and report the accident. Insurance carriers often require a police report. In addition, police officers can help ensure your safety until emergency responders arrive.
• Retain an experienced Dallas car accident lawyer—The sooner you hire proven counsel, the sooner you’ll know that your rights are being protected. Your lawyer will be your liaison with insurers, law enforcement, and medical providers, if necessary
• Notify your insurance carrier, and file a claim with the at-fault party’s insurer—Even though you may not end up making a claim against your own car insurance carrier, you should notify them as soon as possible of the accident. You will need to file a claim with the at-fault party’s insurer if you want them to pay any of your medical bills.

Do’s and Don’ts after a Dallas Car Accident

The things that you do in the immediate aftermath of a motor vehicle accident can have a significant impact on your recovery.

• Do
  • Seek medical attention, whether on site or at a hospital, urgent care facility, or doctor’s office.
  • Call 911 to report the accident.
  • Gather contact information from all parties and potential witnesses.
  • Take pictures or videos of anything related to the accident, including damage to vehicles, your injuries, weather conditions, and roadway irregularities. The camera on your phone is sufficient.
  • Write down an account of what you remember, while it’s still fresh in your mind.
  • Hire a proven Dallas car accident lawyer.
• Don’t
  • Don’t try to be strong and pretend that you haven’t been hurt.
  • Don’t wait to hire knowledgeable personal injury counsel.
  • Don’t assume that any insurance agent will act in your best interests.
  • Don’t provide police or parties with anything other than your name and contact information.
  • Don’t give a statement to any insurance company employee without first retaining counsel.
  • Don’t sign anything.
  • Don’t accept any offer from your insurance company without consulting with your lawyers.
  • Don’t use social media at all, if possible, until your claim is resolved.

How Will a Proven Dallas Car Accident Lawyer in Dallas Help Protect Your Rights?

The civil justice system can be overwhelming, even when your case seems relatively routine. Don’t ever try to handle your own car accident claim. An experienced car accident lawyer in Dallas will:

• Thoroughly investigate your cases, gathering and preserving all relevant evidence about the causes and extent of your injuries
• Know what to expect from insurance companies and defense attorneys and respond appropriately to protect your rights
• Make certain that all required documents are accurately and timely filed
• Be a strong and effective advocate for you in all meetings, hearings, and proceedings
• Help you get the medical care you need, including treatment by specialists, if necessary

How Much Will You Have to Spend to Recover Compensation After a Dallas Car Accident?

As a general rule, car accident lawyers in Dallas take cases on a contingent-fee basis. That means that they won’t bill you hourly fees but will take a percentage of your recovery as compensation for any legal work they do for you. You will typically be responsible, though, for certain “out-of-pocket” expenses, including the costs to file your lawsuit, as well as fees related to depositions and expert witnesses. The cost to file your lawsuit can vary from county to county but is generally around $350. Many attorneys will advance most costs and then deduct them from your settlement or verdict. Pay close attention to the details of your financial agreement with your attorney.

A Summary of What You Need to Know After a Dallas Car Accident

When you have been hurt in a motor vehicle accident in Texas, you have a right to file a personal injury lawsuit to recover compensation for both economic and non-economic losses, including wages and income, unreimbursed medical expenses, physical and emotional pain and suffering, loss of companionship or consortium, loss of enjoyment of life, and damage to or loss of personal property. To have medical expenses paid through an auto insurance policy, you must file a claim with the at-fault party’s carrier. If the at-fault party has inadequate insurance, or no insurance at all, you may be able to seek benefits through your own carrier, provided you have not declined PIP and UM/UIM coverage.

To recover full and fair compensation after a motor vehicle wreck, you want a knowledgeable car accident lawyer in Dallas to handle your case. At trial, you must prove by the weight of the evidence that the defendant engaged in unreasonable behavior, causing the accident that led you to sustain actual losses.

Your attorney will handle your claim on a contingency basis, only charging you attorney fees if you recover compensation for your losses. You will, however, be responsible for out-of-pocket costs, such as filing fees, expert witness fees, and some costs related to gathering evidence.

To discuss your case with a proven Dallas car accident lawyer, contact Bailey & Galyen by email or call our offices at 972-449-1241.