Dallas Vehicle Accident Lawyers

Do Vehicle Accidents Always Result In Litigation In Dallas?

Vehicle accidents are one of the most frequent causes of major injury and mortality in the United States each year. Despite technological development and significant road safety improvements, vehicle collisions remain quite prevalent. Although the number of automobile accidents has decreased in recent years, they are still one of the most prevalent reasons for civil tort claims filed by attorneys.

Automobile collisions are caused by carelessness, and they are the most frequent type of tort claim. Negligence is a frequent term used to describe the failure to exercise appropriate caution. It is incorrect not to take that degree of caution that a cautious person would have taken under similar conditions. It’s most likely caused by performing an activity that a cautious person would avoid, or not doing something that a careful person would not have done.

What Are The Most Common Causes Of Accidents That Require Litigation?

• Driver Error Or Driver Negligence

In the context of vehicle accidents, negligence can take many forms. The most prevalent cause of automobile collisions is driver carelessness. The following are the most frequent auto accident causes: failing to yield the right of way, tailgating, speeding excessively, driving while intoxicated and under the influence of drugs or booze, and disregarding traffic control signals.

• Distractions To Vehicle Driver

Although texting while driving is the most common cause of automobile accidents, distractions to a vehicle driver have become an increasingly prevalent reason for mishaps. The following are some examples of things that might draw your attention away from the road: a motorist uses a phone, a driver attempts to read, a driver applies makeup, a driver adjusts the radio station, and so on.

• Failure To Properly Service And Maintain A Car, Truck, Or Bus

Another common type of vehicle accident, which frequently occurs in the commercial truck sector, is a failure to properly service and maintain the vehicle.

Every day, more and more consumers are filing personal injury claims against auto manufacturers for failing to disclose defects in their automobiles. The majority of vehicle accidents occur as a result of car parts that have been tampered with or otherwise altered by the owner or a service company, or may have been defective from the point of manufacture.

The consequences of this failure are frequently devastating. The simple neglect to properly lubricate the bearings (a common maintenance task) on a car or commercial vehicle, such as a truck, can result in the entire wheel assembly separating from the vehicle while driving.

• Road Defect Or Negligent Design Of The Roadway

A distinct category of vehicle accidents is one that is caused by circumstances external to the driver or automobile. These are referred to as road flaw cases in general. They may include the design of the road itself, such as a: poorly designed road can lead to or contribute to an accident, construction or debris might cause or contribute to an accident, and poor roadway layout and maintenance.

• Product Liability Or Auto Manufacturing Defect

Products liability is a type of litigation distinct from personal injury claims. Defects in motor vehicles that cause accidents and injuries are the subject of these claims in the automobile context. Tire blowouts, brake failure, and mechanical failure are all examples of defects that can occur.

Often, a design or manufacturing flaw will not cause the actual accident, but it will contribute to far worse injuries. The following examples are notable design flaws:

• SUV more susceptible to rolling over in an accident

• Gas tank more likely to ignite in a collision

• Manufacturing defect which causes a seatbelt to fail

• Failure of an airbag to deploy properly

• Other manufacturing defects that cause accidents and injuries

The cause of most vehicle accidents is rarely determined to be the fault of one individual. In reality, there may be a variety of reasons behind or contributing to a car accident. The conduct of the injured individual himself/ herself – commonly known as the plaintiff in court cases- is one of the most prevalent factors that contributes to a motor vehicle accident. Rather than deny the plaintiff in a vehicle accident case any compensation, a jury is permitted to compare and apportion the defendant’s negligence against that of the plaintiff before adjusting the damage award to the plaintiff based on the plaintiff’s degree of comparative negligence. If a jury finds the plaintiff 25% responsible for an accident, it may reduce the plaintiff’s compensation by 25%. A jury can determine that an harmed individual is entirely liable for a vehicle accident in certain circumstances. If that happens, regardless of how badly injured he or she is, the victim will not be eligible for a payment.

What Happens If The At-fault Driver Doesn’t Have Enough Insurance Coverage To Compensate The Victims?

It is a sad truth in today’s society that the driver of an automobile who caused an accident might not have adequate insurance coverage to compensate the victim. The victim of an automobile accident may be eligible to make a claim under his or her own auto insurance policy in certain situations. This is frequently referred to as UM/SUM coverage. It usually arises when two events occur:

1. The negligent driver has no insurance

1. The negligent driver has minimal insurance

A number of unique, technical rules govern a victim’s ability to recoup damages under such circumstances where a negligent motorist lacks or has minimal insurance. It’s difficult to obtain appropriate compensation following an automobile accident when the negligent driver is uninsured. If the victim has “uninsured motorist coverage” through their own auto insurance policy, they might be eligible for financial compensation if the other driver does not have insurance or cannot be identified (i.e., a hit and run accident). The most frequent reason for accidents is that the negligent driver does not have enough insurance or has insufficient insurance coverage, which is typically at the limit required by state legislation. In many states, insurance requirements are quite low, which unfortunately implies that some of the worst drivers on the road have insufficient coverage as a result of their terrible driving records. Under the rules of certain states, a person may be able to secure themselves against an accident caused by someone who does not have adequate coverage by purchasing additional coverage through their own insurance provider. If they are injured as a result of an underinsured motorist, they may be able to receive compensation through their own insurance coverage.

What Is The Statute Of Limitations In Texas For Reporting An Automobile Accident?

The statute of limitations in Texas for filing a lawsuit regarding personal injuries or property damage from a vehicle accident is two years after the date of the incident. This means that the claimant of a vehicle accident has only two years in which to sue the individual who caused the collision. If an auto accident victim does not file a lawsuit within two years, they will lose their right to compensation for injuries sustained as a result of the crash.

When the victim or victims discover or should have known of the injuries and losses caused by the motor vehicle accident, the statute of limitations begins to run. In almost every accident, victims are aware of when physical damage has been done to them, their loved ones, or their vehicle. If the family of a deceased individual wishes to pursue a civil lawsuit against the person who caused the accident, the two-year deadline does not commence until after their death.

The case will almost certainly be dismissed if you file a personal injury lawsuit after the statute of limitations has passed. Some exceptions may extend or shorten the statute of limitations. The statute of limitations does not begin to run for a minor automobile accident victim until they reach 18 years old. If a defendant leaves the state before you can begin legal action, the statute of limitations may be extended beyond two years. The amount of time that the defendant is away from the state will not be factored into your two-year time limit to pursue legal action.

Contact A Personal Injury Lawyer

At any time following an accident, it is always in your best interests to contact Accident Lawyers Of Dallas and speak with an attorney as soon as possible. Call (888) 340-1221 to connect with our personal injury lawyers, where we will discuss your situation and help you decide what legal action to take.

There will be no costs if we decide to continue working together, unless and until you are paid your compensation.