Auto Accidents

It’s no big secret that most auto accidents are caused by driver error. Reckless driving practices, such as speeding or failing to yield to traffic signage, are known factors in contributing to auto accidents. Unfortunately for motorists in Philadelphia, Los Angeles, and Dallas, statistics show that the worst drivers in America live in their cities, placing all motorists in even more danger while on the road than they truly have to be.

Fox News reported on Allstate Insurance Company’s annual ranking of America’s best drivers, where Fort Collins, Colorado was awarded this year’s title of America’s Safest Driving City. On the opposite end of the spectrum, the America’s Best Drivers Report examined accident frequency in the country’s 200 largest cities, and concluded that Dallas is one of the most dangerous cities to drive in. Unfortunately, the biggest fault that Allstate cited for accident causation was human error, an entirely preventable grouping of mistakes that ultimately injures and takes the lives of far too many motorists each year.

Reckless driving practices are indicative of negligence while behind the wheel in Dallas just as they are throughout the rest of the country. Motorists who choose to disobey traffic rules are not only more likely to injure themselves by being involved in an accident, but place all other vehicles on the road in harm’s way as well. In the event that an individual is injured in a Dallas car crash, the circumstances surrounding the accident need to be carefully examined in order to determine whether or not negligence contributed towards the accident, as well as to whom that negligence can be attributed to.

Negligent parties deemed responsible for Dallas car accidents run the risk of being held liable for their actions in a Texas court of law. While speeding or running a red light may get a motorist from one location to another faster than obeying all traffic laws would, the timing is insignificant when you take into account the irreparable damage that a Texas auto accident can potentially cause, not only to personal property, but to the physical well being of motorists as well.

Car accidents in Texas take place for a variety of reasons. However, at the heart of all accidents is a certain degree of negligence displayed by at least one motorist. Traveling at speeds faster than posted limits, making a left hand turn against a red light, and failing to yield at stop signs are some of the many reckless actions that can lead not only to Texas car accidents, but serious cases of personal injury as well. According to a recent myfoxdfw.com news report, a 38-year-old motorist is responsible for causing an early morning, Dallas head-on collision on Stemmons Freeway.

Reportedly, the wrong-way driver traveled southbound for nearly seven miles on the northbound side of the freeway before colliding with a vehicle driven by a 26-year-old woman. Both drivers escaped the accident with only minor injuries. An investigation is underway to determine exactly what caused the accident, although police speculate that the 38-year-old man involved in the crash may have been under the influence of alcohol.

In a scenario like the one mentioned above, the cause of the accident was relatively cut and dry. One motorist was clearly traveling on the wrong side of the road, and is therefore responsible for the resulting accident and subsequent injuries. However, many Dallas auto accidents are not always as transparent. In some cases, multiple motorists may be deemed responsible for an accident. In other cases, no motorists at all may be declared at fault, particularly if the city or local municipality failed to properly upkeep the road which played a determining role in the incident. A local city government can even be held liable if construction equipment is left strewn haphazardly about and serves as a cause of an accident.

In Texas, negligent parties determined to be responsible for causing an accident can be held liable for their actions in a court of law. Damages that may be obtained include those related to the incident, namely hospital bills, physical therapy fees, and property damage.

The injuries we sustain during a car accident can vary greatly in terms of the amount of damage caused to both our vehicles and our physical beings. Unfortunately, driver inattention is an issue that results in far too many auto accidents each year in Texas. According to a DallasNews.com article, it may have been driver inattention that led to a fatal Dallas car accident that took the life of an Army veteran.

Reportedly, the 59-year-old man was stopped in the middle of the road, his emergency lights flashing as an indication that his vehicle was not mobile. Around 1AM, a Dallas police car, on route to a nonemergency call, struck the man’s vehicle from behind, pushing it into a nearby residential yard. The posted speed limit where the Dallas car crash took place is 40 mph, but it was determined that the police vehicle was traveling slightly faster than that, with recorded speeds of 45 mph.

Though conscious and responsive after the crash, the man was transported to Methodist Charlton Medical Center before succumbing to his injuries during surgery. At this point, little explanation has been offered as to what caused the officer driving the police cruiser to strike the immobile SUV. Dashboard cameras from the squad car do show the SUV’s emergency flashers clearly visible in the distance moments prior to the crash.

Dallas car accidents are often the result of the negligent actions of another. Fortunately, for accident victims and their families, compensation may be sought in a court of law from those parties deemed responsible for contributing towards causing a Texas car crash. Our condolences go out to the family and all other individuals affected by this tragedy.

Summer is a great time for family road trips. Unfortunately, highway driving poses risks. By following a few safety rules provided by the Texas Department of Transportation, you can help protect yourself and your family against the risk of a Texas auto accident.

1. Obey the speed limit. On most Texas interstates, the maximum daytime speed limit is 70 miles an hour, and the nighttime speed limit is 65 miles an hour. To stay safe, remember that the speed limit is merely a guide to the fastest safe speed. Always adjust your speed to accommodate the road conditions. If it’s raining or there is heavy traffic or road construction, slow down to keep yourself and your passengers safe.
2. Keep right. Some Texas multi-lane highways have signs reading “Left Lane for Passing Only.” When you see such a sign, remember that the left lane is not a “fast” lane, and stay out of it unless you are passing another vehicle. Once you’ve passed and moved a safe distance from the other vehicle, merge back into the right lane.
3. Move over. If you see a stopped emergency vehicle with its lights flashing, move at least one lane away from the emergency vehicle. If you cannot move over, slow down until you are traveling at least 20 miles per hour below the posted speed limit. Texas law states you may be fined up to $200 if you fail to slow down or move over for a stopped emergency vehicle.

Although observing traffic safety rules can both prevent costly traffic tickets and reduce the risk of an accident, there is always a chance another driver may collide with you while you’re on the highway. Stay safe this summer!

One teenage girl died and five other people were injured recently when their car collided with a light pole in the Oak Cliff suburb of Dallas. The Dallas Morning News reports that the girl was riding as a passenger in a Chevrolet sedan when the driver lost control, causing the car to slam into a light pole in the 6100 block of South Lancaster Road. The accident occurred shortly before 2:30 in the morning.

The force of the impact uprooted the light pole, which was cemented approximately four feet into the ground, according to a local police officer. The officer described the accident as “horrendous,” noting that it was unusual for a light pole installed so firmly to be completely dislodged by a vehicle impact.

The 17-year-old passenger died at the scene. The driver, who was 18 years old, suffered critical injuries as a result of the Texas car accident. The other four passengers in the car were also hospitalized, but there is currently no indication that their injuries were life-threatening.

Police are investigating the accident. They have received reports that a second car may have collided with the Chevrolet sedan and then left the scene.

Auto accidents in Dallas such as this one can produce tragic results for drivers, passengers, and families. An accident caused by another motorist’s negligence may allow the injured parties to recover compensation from the negligent motorist in the form of medical expenses, lost wages, and other losses.

According to an article on Southeastern Record, the family of a minor, who was involved in a catastrophic personal injury accident on November 4, 2009, claims that General Motors (GM) is at fault. The accident occurred in Tyler, Texas when the driver of a 1998 Chevrolet Blazer swerved to avoid hitting a large dog in the road, causing the vehicle to rollover. One of the passengers in the car, a female minor, sustained serious injuries and had to have her right arm amputated above the elbow.

Her family is now suing GM, arguing that the vehicle did not have adequate protection for rollover accidents and is “unreasonably, dangerously defective,” causing unnecessary rollovers during normal operating conditions. The lawsuit was filed April 13, 2010, and the plaintiff seeks damages for lost wages, pain and suffering, punitive damages, medical expenses, mental anguish, costs of suit and interest.

Rollover accidents in Texas, like this one, can lead to serious and catastrophic injuries, leaving victims suffering for years. Here are a few tips on how to prevent a rollover accident:

• Do not drive erratically.
• Be aware of your surroundings, including pedestrians, animals, other drivers and road defects such as potholes and gradation changes.
• Do not drive intoxicated, tired or on medication.
• Obey all traffic laws.

If a vehicle is deemed defective, then the car manufacturer, designer and retailers may be held liable for any accidents incurred. Manufacturers are required to ensure that their products are safe for consumers. If they are not safe, victims of product defects are entitled to seek compensation.

A March 4, 2010 myfoxdfw.com article reported that a male motorist was killed in a single-vehicle accident at the entrance of the Cedar Crest Park Golf Course. According to the article, investigators covering the accident believe that the man was operating his SUV above the speed limit when driving along Cedar Crest Blvd. At the time of the article’s release, the fatal collision appears to have stemmed from the motorist running a stop sign, traveling onto the curb, and then crashing through a fence and into a tree with tremendous force. As a result of the serious impact of the fatal crash, the engine of the SUV was entirely stripped from the vehicle.

Whether an auto accident in Dallas involves one vehicle or multiple cars, the consequences of high-speed crashes can be devastating for drivers, passengers, and pedestrians. Although it is unclear whether the motorist in the above incident was operating his SUV while under the influence of alcohol, drunk drivers cause far too many injury and fatal crashes on Texas roads each year. According to the Texas Department of Transportation, there were 3,109 fatal crashes in 2008, in which 877 were caused by a motorist driving while under the influence of alcohol. During the same year, 611 people lost their lives in accidents along city streets.

At Steele Law, P.C., our skilled Dallas car accident law firm has helped those injured in collisions caused by another driver’s negligence or distracted driving practices. We understand the many emotional, physical, and financial challenges that auto accidents often pose for injury victims and their families.

Based on an Associated Press article, the family of a 49-year-old Dallas police officer who was killed after being thrown from his motorcycle in a 2008 incident has filed a wrongful death lawsuit against multiple parties. Reportedly, the officer fell from his bike after hitting a curb and colliding with a guard rail. The suit has been filed against Hillary Rodham Clinton, whom the officer was escorting in a motorcade, the city of Dallas, and the maker of the helmet he was wearing while riding the motorcycle. According to the article discussing the Dallas motorcycle suit, the officer’s widow and children claim that the city of Dallas did not provide him with adequate training for escorting a motorcade, that Clinton and her campaign did not give proper notice for motorcade assistance, and that the helmet he was wearing was flawed. The motorcycle victim’s family is seeking damages that include the loss of monetary support, because the officer was the primary wage earner in the family.

The above case demonstrates the risk that some helmets may be defective due to inaccurate design or an overlooked flaw from the manufacturing process. In addition, even when a motorcyclist correctly wears a helmet that is approved by the Department of Transportation, he or she may endure serious brain injury or even death, depending on vehicle speed and the surrounding elements. Nevertheless, wearing a helmet (and protective clothing and gear) greatly decreases the chance of injury and death for motorcyclists.

Riding a motorcycle can be an enjoyable experience; however, many risks are involved, especially when considering the lack of protection one has against surrounding vehicles and the surfaces of a roadway in the event of a motorcycle collision in Dallas, Texas. The importance of knowing how to operate a motorcycle efficiently and safely cannot be emphasized enough. However, other motorists must remember that they have the responsibility of sharing the road with motorcyclists.

Only days after the U.S Department of Transportation announced on March 2, 2010 that 52 fatality reports have been connected to sudden acceleration accidents involving Toyota vehicles, a Wall Street Journal article highlighted a lawsuit being filed against Toyota. According to the article, the suit is on behalf of a family who was killed when the 2009 Lexus they were traveling in accelerated out of control at 120 mph along a freeway in San Diego, California.

Amidst a vast series of congressional hearings and national recall notices now totaling 8.5 million vehicles, this particular Toyota wrongful death suit may be one of the most challenging for Toyota to defend themselves against. The reason being that legal experts have said that the Lexus vehicle involved in the fatal crash was on loan from a dealership, and therefore should have been safe to drive. In a previous incident, the driver of the same vehicle had informed the dealer that the accelerator had become stuck while being driven. Furthermore, the article also points out that this particular model of Lexus vehicle had been equipped with thick floor mats intended for another type of vehicle design.

In reflecting on the serious scope of Toyota’s recalled vehicles, it is uncertain how many other accidents involving recalled Toyota and Lexus models may have been caused by unintended acceleration prior to the gas pedal defects being announced. Reportedly, the class-action status lawsuits that were filed for each wrongful death claim may potentially result in millions of dollars as compensation for damages.

The Texas personal injury and wrongful death firm of Steele Law, P.C. has assisted injured individuals and family members of wrongful death victims afflicted by auto accidents and defective products. We pride ourselves in treating our clients like family, and are dedicated to helping those afflicted by another person’s negligence receive the compensation they deserve.

In the rush to reduce fule costs and “go green” many small cars, such as the Smart car, have come onto the market.  I’ve said many times that the Smart car will not seem so smart to any driver who has the misfortune of being involved in an auto accident.  New crash tests conducted by the Insurance Institute for Highway Safety have confirmed my beliefs.  These minicars simply cannot protect their occupants in a car wreck as well as bigger, heavier cars.  Three crash tests between minicars and midsize cars from the same manufacturer show how the minicars are literally thrown about when involved in an auto accident. 

 Click here to access the news release and crash test results.

             When dealing with insurance companies, it is important to understand a few of their secrets so that you can get the settlement you deserve: 

• Insurers make money in part by denying you benefits. They may try to discourage you from seeking medical treatment (especially from chiropractors), or they may tell you that rental car coverage is limited to a set number of days. In most cases, this is not true, and, if you are not at fault, you are entitled to have all of your reasonable damages and expenses covered.

• Insurance companies track every claim you make. When dealing with an insurance company, assume that it knows the history of every claim you have ever made, even if a claim was with a different company. 

• The adjustor is not your friend. Despite his protests, he is not there to help you—he is there to reduce the insurance company’s payment as much as possible. You are also not required to give an adjustor a recorded statement or a medical authorization. If you feel you are not being treated fairly, it may be time to get an attorney involved.

I frequently have potential clients who contact me with questions about who is responsible for their medical bills following a car wreck.  These individuals are often under the impression that they should not use their Health Insurance to cover medical bills for treatment of the injuries that were caused by the automobile accident.  They also frequently believe that the at fault driver’s Automobile Insurance will pay for their medical bills directly.  Unfortunately, it is extremely rare (in fact, almost unheard of) for the at fault driver’s Auto Insurance Company to pay for the injured person’s medical bills directly or quickly reimburse the injury victim for these expenses.

Auto Insurance Companies are in business to make money and, as a result, their objective is to pay injury victims as little as possible for their injuries.  Unfortunately, most Insurance Companies will not reimburse an injured person for medical expenses until the injured person has fully completed all of his or her medical treatment and has agreed upon a settlement amount to cover ALL of the injured person’s losses due to the injury (such as lost wages, medical expenses, and any future lost wages).  This approach creates a tremendous problem for people who do not have Health Insurance.  Often the individual cannot afford the necessary health care.  The Insurance Companies see this as a great windfall for them, because if the injury victim cannot afford to get the necessary health care, then the Insurance Company does not have to repay the injury victim for those medical expenses!  It is a terrible scam that Insurance Companies use to take advantage of innocent victims, but unfortunately in Texas it is legal.

After an auto accident, treatment of your injuries should be your number one priority.  If you have Health Insurance, by all means use it!  If you do not have Health Insurance, there are other options that you can explore.  First, you should check to determine whether you have Personal Injury Protection (PIP) under your own Automobile Insurance.  This type of coverage is intended to be more accessable and can be used to cover the costs of your medical care.  Some health care providers will bill directly against your Personal Injury Protection policy, although it is advisable to speak with an attorney before giving your medical providers your PIP policy information.  PIP policies typically provide between $2,500 and $10,000 in coverage (with $2,500 being the most common), which frequently is not enough in the event of a serious injury.  If you do not have Health Insurance or Personal Injury Protection, it is advisable to contact an attorney to discuss other possible options.  Some health care providers will accept a Letter of Protection from your attorney, which essentially is a promise to the health care provider that you will pay the health care provider for your medical expenses when your injury case is resolved.

If you are injured in an accident and you use your Health Insurance to cover your medical expenses, you can expect your Health Insurance Company to later contact you by mail, asking if your medical treatments are the result of an injury.  This is the first step that Health Insurance Companies take toward asserting their right to subrogation. (Subrogation is an issue that is discussed further in other posts.)  If you receive a letter from your Health Insurance Company asking if you have been injured in a car accident or other type of accident, contact your attorney for advice before making any response.  Do not perceive this as a reason to avoid using your Health Insurance to cover the expense of your medical treatments . . . as I said before, your medical care is priority one after a car wreck or any other type of accident and using your Health Insurance is the best way to make certain that your medical treatment is not delayed.