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Car accidents are scary, dangerous, and happen far too frequently on the streets of Garland. We recognize that dealing with the consequences of a car accident injury can be difficult. That is why you may be interested in hearing about the possibility of financial recovery through a lawsuit.
To file a car accident lawsuit in Garland, you must prove that the other driver caused the accident. Drivers can cause accidents by acting negligently or recklessly behind the wheel. If your injuries were caused by a negligent car accident, you may be able to recover damages for the consequences of your injuries, such as medical expenses, lost income, and pain and suffering. To help ensure your full recovery, our lawyers can preserve vital evidence at risk of being lost or degraded, like eyewitness statements and video footage. We can also prepare your case with the statute of limitations in mind so that you do not miss it or your chance to get compensation from a negligent driver.
Call The Queenan Law Firm’s car accident lawyers at (817) 476-1797 to schedule a free assessment of your case today.
Common Causes of Car Accidents in Garland, TX
You can recover compensation for your car accident injuries by filing a lawsuit if someone else was responsible for causing the accident. Drivers who behave negligently or recklessly behind the wheel are liable for the harm that they cause. In most car accident cases, negligence is considered any conduct that violates the traffic code. For example, some of the most common causes of car accidents that create liability for drivers include speeding, reckless swerving, tailgating, texting while driving, and driving under the influence.
Speeding
Driving at excessive speeds reduces drivers’ time to adjust to changing road conditions. Further, car accidents that happen at high speeds are more likely to leave victims with more severe injuries, as vehicles might flip, roll, or collide with other objects.
Swerving
Frustrations with traffic may cause some drivers to be reckless and change lanes out of anger or boredom. High-traffic situations can create hazards for unsuspecting drivers in other lanes, particularly those in negligent drivers’ blind spots.
Tailgating
Drivers are responsible for leaving enough room between their car and the car in front of them to come to a safe and reasonable stop if necessary. In the vast majority of rear-end collisions, the rear car driver is liable for the accident because they were following the front vehicle too closely.
Texting
When your eyes or hands are on your phone, you are unable to control the vehicle that you are driving. Even if a driver is stopped at a red light, distracted driving can cause the driver to accelerate, thinking that the light has changed, and pull out into a packed intersection.
Drunk Driving
Alcohol and drugs affect a person’s motor functioning and reasoning skills, not to mention their reflex speeds. These abilities are critical for ensuring a safe journey on public roads. If the other driver was drunk at the time of your accident, you may be able to recover additional punitive damages. Our car accident lawyers can explain your potential recovery after evaluating your case, the defendant’s conduct, and your injuries.
Damages to Sue for After a Car Accident in Garland, TX
If you were injured by a negligent or reckless driver in a car accident, you may be wondering what you stand to recover if you pursue a personal injury lawsuit. Estimating the value of any given car accident lawsuit in Garland will require information about the crash and the nature of the victim’s injuries. Calculations for damages are divided into two key categories: economic and non-economic. A third category of damages, punitive damages, may be available in certain cases but only when defendants show gross negligence.
Economic Damages
The first step in calculating damages is tallying up the direct expenses associated with your injuries. Typically, the majority of the direct expenses come from the cost of your medical care. Your injuries may require emergency services, surgical procedures, hospital stays, physical therapy, specialist appointments, and medication, amongst other costly undertakings.
You may also be compensated for time missed at work while dealing with your injuries. If your injuries are long-term or indefinitely impact your ability to perform the functions of your occupation, courts will compensate you for your loss of earning potential.
You could also recover the value of the necessary repairs to your vehicle. If the vehicle is totaled, you could get compensated for replacing it according to the fair market value. Be sure to get an auto repair quote to have an idea of what the costs may be.
Non-Economic Damages
Texas law recognizes that you cannot fully account for the cost of your injuries just by adding up lost wages and hospital bills. That is why our car accident lawyers will also take into account your pain and suffering as a result of the accident and your injuries.
Certain injuries may cause chronic pain or restrict your ability to enjoy life as you once did. Consequences from these injuries may include the onset of psychological conditions such as depression and anxiety. Physical limitations may impact your relationships or your ability to engage in recreational activities you once enjoyed. Together, we can sit down and assess what you might be able to recover in non-economic damages for these and other consequences of your injuries.
Punitive Damages
Punitive damages are not available in every case. This is because they are assessed based on the defendant’s misconduct rather than the plaintiff’s condition. To award punitive damages, the court must find that the defendant’s behavior in causing the accident was so reckless or heinous that it warrants additional punishment. Common instances where punitive damages might be available include accidents due to drunk driving or illegal drag racing.
According to Tex. Civ. Prac. & Rem. Code § 41.008, punitive damages are typically limited to $200,000 or two times a victim’s economic damages plus their non-economic damages up to $750,000, whichever is greater. However, compensatory damages for car accident victims in Texas are not capped. This often benefits victims, who might incur substantial economic and non-economic damages after serious collisions.
Evidence Used to Prove Liability in Garland, TX Car Accident Claims
As we prepare your lawsuit, we will identify and obtain relevant evidence, including eyewitness statements, expert witness statements, video footage, photographs, and medical records.
Eyewitness Statements
Eyewitnesses can be useful sources of information after car accidents, especially after victims suffer serious injuries that make it difficult to recall certain details about a defendant’s actions. After collisions, we aim to interview witnesses as soon as possible. While you are still at the crash site, you can ask witnesses for their information or ask police officers to collect their details for you. Our lawyers can use this information to contact witnesses right away, enabling us to schedule interviews while the accident is still fresh in their minds. Witnesses can be incredibly useful when confirming how the negligent driver breached their duty of care and can testify that they saw your physical injuries at the scene, helping us prove causation.
Expert Witness Testimony
Expert witness testimony is often important in car accident lawsuits. Our lawyers can use these witnesses and their statements as leverage during settlement negotiations or evidence during a trial. Reconstructing accidents is sometimes necessary to determine their cause, especially after complicated or multi-vehicle collisions. In the accident’s immediate aftermath, our lawyers will obtain photos and incident reports to help experts conclude what happened and which driver caused the crash. Experts can present their findings while testifying in court if your lawsuit goes to trial in Garland.
Medical experts can also be valuable to victims’ claims, particularly regarding their recoveries of future damages. Based on your medical records and injuries, physicians can anticipate upcoming necessary treatments or care, such as surgeries or physical therapy. Our attorneys can estimate the cost of this future care and request compensation for it in your claim. We can do the same for future lost wages, and medical experts can estimate when victims may be able to return to work based on their injuries as well.
Car accidents are distressing in and of themselves, but sustaining serious injuries could worsen the emotional distress associated with collisions. To prove your pain and suffering, our lawyers may enlist mental health experts who can assess you and explain to the jury how the accident has affected your quality of life and general mental and emotional well-being. This can aid your recovery of non-economic damages, which could be challenging to prove without corroborating expert testimony.
Video Footage
Garland’s businesses and residential homes might have security cameras that film accidents, and preserving this footage is paramount. Our lawyers can immediately survey the crash site, identify potential surveillance systems, and promptly contact the owners before they unintentionally delete footage. When interviewing eyewitnesses, we can also ask if they took any videos or pictures on their phones that might show the crash or its aftermath from a different, yet vital, perspective.
Photographs
Taking pictures after car accidents is always important. Victims should photograph damage to their vehicles and any debris or glass on the road. Look for skid marks indicating the negligent driver was speeding and any road signs they might have ignored to cause the accident. Do your best to take pictures of the entire scene, and ask eyewitnesses or first responders for help if you need it.
Medical Records
Your medical records after a crash prove you were injured during the accident. Make sure you go to the hospital right away, as delaying medical attention could complicate your future case. Our lawyers can obtain hospital records confirming your specific injuries and treatment plan in the following days and weeks. We can organize these records alongside proof of medical damages so that our final calculations of your hospital expenses are accurate.
Statute of Limitations for Car Accident Lawsuits in Garland, TX
You likely only have two years from the accident’s date to file your car accident lawsuit in Garland, according to § 16.003. This may seem like a long time initially. However, preparing and filing a lawsuit can be time-consuming, particularly when victims’ injuries are complex or more than two parties are involved. Our car accident attorneys can help you avoid missing the deadline by prioritizing your case, preserving evidence, and planning to file well before the statute of limitations runs out.
Call Our Attorneys in Garland, TX About Your Car Accident Lawsuit
Discuss your case for free with our car accident lawyers when you call The Queenan Law Firm today at (817) 476-1797.