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Being situated just outside Dallas, car accidents are common in Lewisville. If you are injured in one, you should consider working with our firm to get the full value for your injuries.
Car accident claims can be challenging to navigate. Many insurance companies try to settle claims quickly, often pressuring victims into taking less money than what they are really owed. Fortunately, our team can help push back against aggressive negotiation tactics. Our team will take the time to review your case and accurately assess your damages. We will get the evidence that proves the other driver acted negligently and what compensation you will need to make a complete recovery. Contact our firm immediately after your accident to get your case started today.
Call The Queenan Law Firm, P.C. at (817) 476-1797 for a free case review with our car accident attorneys.
Determining Whether You Should Settle Your Claim After a Lewisville, TX Car Accident
After someone injures you in a car accident in Lewisville, you will likely turn to insurance for compensation. The at-fault insurance system is used throughout the state, meaning you will typically file a claim with the at-fault driver’s insurance provider for money to cover your losses. After that, you should get an offer to settle your claim. Our car accident attorneys can assess your case fully so that your settlement covers both current and future potential damages you might suffer. Without a lawyer, you will probably receive an offer far below what you need.
Once we file your lawsuit, we can start negotiating your settlement. Settling your case sooner rather than later can have several benefits. The primary reason for settling quickly is to receive payment as soon as possible. This will help alleviate the stress created by mounting medical costs and lost income. You will also be able to save on court costs and witness fees since you will not be taking your lawsuit to trial. However, you will sign away your right to proceed with a lawsuit once the offer is accepted.
Unfortunately, the defendant’s first offer is rarely sufficient to cover all of your damages. Our team can accurately calculate your financial losses so you can make a more informed decision. Your medical expenses and lost wages will be added to your “pain and suffering” losses. We will then present that number to the insurance company. If they come back with a counteroffer, we can discuss it with you and compare it to the future costs of taking your case through trial.
If the insurance company still refuses to pay what you deserve, we will present your case to a jury. Sometimes, this is the only way to get the maximum compensation for your injuries.
Common Ways Car Accidents Happen in Lewisville, TX
There is no shortage of ways for car accidents to happen in Lewisville. Most, though, are the result of other people’s negligence. Fortunately, our lawyers can help you file a claim no matter how the defendant caused your injuries. The following are some common causes of car accidents in Lewisville:
Distracted Driving
Distracted driving has become a serious issue in Lewisville. Drivers now have countless distractions that take their eyes off the road. Whether it is texting, reading emails, or chatting away on a call, distracted drivers can cause a devastating accident in a split second. Many of these behaviors are illegal in Lewisville and can be used as evidence of their fault when pursuing compensation.
Speeding
Speed limits are put in place to keep people safe. Even if someone is unfamiliar with Lewisville, the posted speed limit tells them how fast they can reasonably go in a particular area. Drivers who go faster than the speed limit have less time to react, often making the accident more devastating because of the high impact rate. Our team can help you hold speeding drivers accountable by presenting evidence of their dangerous driving in court.
Tailgating
Tailgating is also another common cause of accidents in Lewisville. Drivers are expected to leave enough space to stop suddenly without hitting the driver in front. By leaving enough space, drivers have a chance to change course and maneuver out of the way. If someone rear-ended you because they ignored this rule, we can help file a claim against them. We can also help if you rear-ended another driver, but it was the other party’s negligence that caused the accident, not your tailgating.
Illegal Turns and Lane Changes
As mentioned, you might be blamed for a tailgating accident that was not your fault. These usually happen when the driver in front fails to use a turn signal. Turn signals are there for a reason. They let other drivers know your intentions when turning or changing lanes and give them the time to take appropriate action. If someone fails to use their turn signal or hazard lights or has unworking brake lights, we can help hold them liable for violating the law.
Driving Under the Influence
Driving under the influence, or “DUI,” is the cause of some of the most catastrophic accidents in Lewisville. These accidents are typically more fatal than other types and a leading cause of wrongful death claims our team files. If you were injured by a drunk driver, we can help you file a lawsuit that includes compensation for punitive damages. Because DUI is a criminal offense, the court often grants punitive damages in addition to losses from the accident as a way of punishing the defendant financially.
In some cases, the drunk driver might not be the only party responsible for your injuries. Our team can investigate your case to determine if an establishment like a bar or restaurant overserved the defendant before they caused the accident. If so, we can add them to your lawsuit under the state’s dram shop laws.
Poor Weather
Negligent drivers commonly try to use bad weather as an excuse for their poor judgment. However, poor weather does not permit a driver to act negligently. For example, just because the posted speed limit is 65 mph does not mean it is reasonable to drive this speed during a severe rain storm. Drivers are expected to adjust to the weather conditions. So if it is raining or even snowing now, drivers should slow down so they do not have to use a hydroplane and have more time to brake.
Negligent Manufacturing or Repairs
In some cases, negligently designed or manufactured cars and parts are to blame for your injuries. Fortunately, our team is experienced with these difficult cases and can help hold each party liable.
In other cases, your accident might have been caused by a negligent mechanic. Whether the mechanic was at the dealership or a private garage, our lawyers can help gather evidence of their negligence. We will also work with expert witnesses to explain technical concepts the court might not understand.
What to Do Immediately Following a Car Accident in Lewisville, TX
While filing a claim will not be the first thing on your mind after a car accident, taking some basic steps can help greatly. The first thing to do after your accident is to call 911. Emergency services will provide medical care on the scene while the police investigate the crash. If the negligent driver tries to pressure you into not calling law enforcement, do not listen. The police report and emergency medical records can be important evidence in your case.
You should also get the contact information of the other driver and any witnesses who saw the accident. Our lawyers will need the at-fault driver’s name, address, and insurance details to file a claim against them. Do not worry, though, if you were not able to get this information because of your injuries. It should be included in the police report, which our attorneys can help you obtain.
If your injuries allow, be sure to get photos and videos of your accident. This evidence can be used to contradict the defendant if they make false statements later.
You should also get medical care immediately, even for minor injuries. Not only could your injuries be worse than you expect, but you will also need medical records to prove that you were actually injured by the defendant in the accident. Medical evidence is often the backbone of the claims our team files.
After visiting the hospital, your next visit should be with our skilled lawyers. You only have a limited amount of time to file your claim, so you will want to start your case quickly. According to Tex. Civ. Prac & Rem. Code § 16.003(b), the “statute of limitations” to file your lawsuit is just two years from the date of your accident. This is not nearly as much time as it seems. Our lawyers will make the most of this time to fully prepare your case.
Where You Can Find Evidence After a Car Accident in Lewisville, TX
It is crucial to gather as much evidence as possible as soon as you can. This is where our team’s experience can help your case. We know that evidence can be lost quickly, making your claim much harder to prove. Thus, you should start collecting evidence right at the scene.
The best way to do this is to simply use your smartphone. Take as many photos and videos as you think helpful. Our team will be able to review them and determine which ones are useful. By taking pictures and videos, you can preserve much of the physical evidence that will be cleared away soon after the crash.
Be sure to also preserve evidence of your injuries. Many of your injuries will be well on their way to healing by the time your case gets to court. Pictures of your injuries at the scene or emergency room will show their severity when the accident happened.
Our lawyers can also go to the crash scene to see if your accident was caught on a traffic camera or nearby security camera. Many homes and businesses are equipped with surveillance cameras, as the cost has become fairly inexpensive. We can contact the camera’s owner to obtain a copy of the footage. But we must act fast as security footage is usually overwritten quickly.
We will also review your case for any witnesses that can help. They could be listed in your police report, or we might bring in expert witnesses for more complex cases. Either way, our team will make the arrangements so their testimony can be used to prove liability. Witness testimony can be powerful evidence since the court assumes they have no reason to side with one party over the other and are, thus, seen as more credible.
Elements You Must Prove to Establish Negligence in a Lawsuit for a Lewisville, TX Car Accident
While strategies differ from case to case, the same elements must be proven to win a claim. It is more than just accusing the defendant of bad behavior. Your evidence will need to show that they had a duty to you and breached that duty when they caused your injuries. Our team will help establish each element and the damages you are claiming.
The Other Driver’s Duty of Care
First, we must establish that the defendant driver owed you a duty of care. A duty of care essentially is a legal obligation people have to one another to act safely. When driving, people have a duty to act reasonably under the circumstances. In a lawsuit, it is not too difficult to show that another driver owed you a duty of care.
The Driver Breached Their Duty
The “breach” element of your case refers to the specific way the defendant caused your accident. For instance, drivers have a duty to follow the speed limit. If they injured you because they were speeding, our team will present evidence that shows this is how the defendant acted unreasonably.
The Driver Caused Your Accident and Injuries
The third element is “causation,” and the one usually most fought over. To prove causation, our team will need to show that your injuries would not have happened if not for the defendant’s actions. We will also need to prove that the accident was a foreseeable result of the defendant’s negligence.
For instance, if the defendant was speeding, it is not that hard to show that your injuries were caused by and a foreseeable result of going too fast. However, if they were speeding to avoid a tailgater, we might need to argue harder that the accident was a foreseeable consequence.
The Driver Caused Your Damages
Last, our lawyers will help prove that the other driver caused your financial losses and emotional suffering. You need to show “real” damages to recover compensation. This is why getting medical treatment is important, as it shows the court that you suffered because of the accident.
Our Lewisville, TX Car Accident Lawyers Can Help Start Your Case Today
For a free case evaluation with our car accident lawyers, contact The Queenan Law Firm, P.C. at (817) 476-1797.