Dallas Car Accident Lawyers
Representing Victims of Serious Motor Vehicle Accidents
Every year, thousands of Texans are injured or killed in motor vehicle accidents statewide. Sadly, the majority of these accidents are entirely preventable, occurring only because someone acts negligently, recklessly, or wrongfully.
If you were injured or if someone you love died in a car crash, contact the team at Potts Law Firm right away. At our Dallas office, we represent clients who have been involved in all types of motor vehicle collisions. Our experienced trial lawyers understand the ins and outs of Texas personal injury law; we know how to prove liability and aggressively seek maximum compensation for your damages.
We offer completely free consultations and case reviews. Call (214) 238-8572 or contact us online to speak to one of our Dallas car accident lawyers today.
What Are the Most Common Causes of Car Accidents?
Generally speaking, most car accidents are caused by negligence.
This negligence can take many forms, including but not limited to:
- Distracted driving
- Texting or using a cellphone while driving
- Fatigued driving
- Driving under the influence of alcohol or drugs
- Failing to obey the rules of the road
- Making unsafe or illegal turns
- Failing to yield the right of way
- Failing to obey traffic control devices, such as stop signs or signals
- Driving aggressively or recklessly, including engaging in road rage
Sometimes, third-party factors can contribute to serious motor vehicle accidents as well. For example, a poorly constructed or maintained roadway may contain debris, potholes, and other hazards that could indirectly cause an accident. An auto defect, such as a defective tire that blows out on the highway, could cause the driver to suddenly lose control of the vehicle.
At Potts Law Firm, we thoroughly investigate accidents to determine how the crash occurred and, most important, who is at fault. This allows us to identify the liable party and aggressively pursue maximum recovery on behalf of our clients.
Is Texas a No-Fault Auto Insurance State?
While some states follow a no-fault auto insurance system, Texas is not one of them. Under a no-fault system, victims of auto accidents can file insurance claims with their own providers, regardless of who was at fault for the crash. They are permitted to collect compensation for certain covered damages, even if they were partly or mostly to blame.
However, because Texas follows a traditional fault-based system when it comes to auto accidents and insurance claims, you will need to prove that someone else’s negligence or wrongful conduct caused the collision that led to your injuries.
Specifically, you will need to prove each of the following elements:
- Duty of Care: You must establish the duty of care, or the legal responsibility the defendant owed to you. Motorists are automatically presumed to have a legal responsibility to others on the road. They must obey traffic laws, drive carefully, and do everything possible to avoid collisions.
- Injury: You will also need to prove that you were injured in order to bring a personal injury claim. If you only suffered property damage, you may file a property damage claim. You will need to also prove that your injury led to measurable damages, such as medical expenses, lost wages, and/or pain and suffering.
- Breach: To successfully prove your case, you will need to show how the defendant breached, or failed to uphold, the duty of care owed to you. This generally involves proving that the defendant acted negligently, carelessly, recklessly, or wrongfully, e.g., failing to obey traffic laws, texting while driving, driving drunk, etc.
- Causation: Lastly, you must prove that the defendant’s failure to uphold the duty of care was the cause of your injuries. In other words, you must prove that you would not have been injured had the defendant upheld the duty of care by driving carefully, refraining from reckless behavior, and obeying all applicable traffic laws.
What If You Were Partly at Fault?
Often, accidents result from the combination of numerous factors. In many cases, multiple people or parties are partly to blame. So, what happens if you are partly at fault for an accident that left you injured?
Because Texas follows a rule of modified comparative negligence, you can still file a claim for damages if you were partly at fault—as long as your percentage of fault does not exceed 50%. If you are found to be more than 50% to blame, you cannot file a car accident claim in Texas.
Additionally, you should know that you cannot recover the full amount you are seeking in damages if you are found partly at fault. Instead, the amount you can recover will be reduced by the at-fault percentage assigned to you by the insurance adjuster. For example, if you suffered $10,000 in damages, but the insurance adjuster says you were 40% to blame, you can only recover up to 60% of that amount, or $6,000.
Compensation for Car Accident Victims
Those injured in motor vehicle accidents in Texas can file claims against the at-fault driver’s insurance company and/or bring lawsuits directly against those responsible. By filing a claim, you can seek fair compensation for the financial, physical, and emotional challenges you have faced because of the accident.
Depending on the specifics of your situation, you could be entitled to compensation for your:
- Emergency medical care
- Hospital/ambulance fees
- Medical treatment and ongoing care
- Lost income/wages
- Lost or diminished earning ability
- Future lost earnings
- Physical and mental pain and suffering
- Emotional distress
- Anxiety or depression related to the accident
- Permanent injury, disfigurement, or impairment
- Post-traumatic stress disorder (PTSD) following the crash
- Mental health treatment
- In-home assistance and care
At Potts Law Firm, we recognize just how devastating a serious car accident can be. Our attorneys fight for maximum compensation so that you can begin to heal and move forward with your life. To date, we have secured more than $1 billion in compensation for our clients, including numerous million- and multimillion-dollar settlements and verdicts.
Call (214) 238-8572 or contact us online to schedule a free, no-obligation consultation at our Dallas office. Hablamos español.
I had a wonderful experience with this law firm.- Stephen P.
I wouldn’t hesitate to recommend him or any of the team at Potts.- Theo C.
The Potts Law Firm is a powerhouse of brilliant attorneys.- Molly H.
I highly recommend Adam and Potts Law Firm- Mary H.
I would recommend Potts Law Firm for any and all legal matters that come my way in the future!- W. Gary
Navigating the aftermath of a serious crash can be extremely difficult. Without an attorney by your side, you risk not recovering the full, fair amount you are owed. In fact, many insurance companies aim to take advantage of accident victims, relying on their desire to quickly resolve claims and general unfamiliarity with the legal system to pressure claimants into accepting lowball settlements. Often, these settlements do not even come close to covering the victims’ true damages, including future projected medical costs and other losses.
At Potts Law Firm, we know how to fight back. We strive to level the playing field for our clients, protecting their rights against the interests of large insurance companies and other liable parties. We are not only prepared to aggressively negotiate with opposing counsel but also fully willing to go to trial whenever necessary.
Hiring an experienced lawyer, like those at our Dallas office, is one of the best things you can do for your case. Not only will you have a dedicated legal team fighting for you and your recovery, but you will also have someone who can guide you through the legal process and ease the stress you are under. At Potts Law Firm, we handle every detail, from submitting evidence to communicating with the insurance company, so that you can focus on what matters most: healing.
Auto Explosion Seven-Figure Settlement
Attorney Robert MN Palmer and his team secured a confidential seven-figure settlement against an automobile manufacturer for a defective fuel tank system. The client received 3rd and 2nd-degree burns over 60% of her body when the 2004 vehicle she was driving was hit in the rear causing the vehicle to become as witnesses describe a “fireball.”
Avandia Aggregate Settlement Seven-Figure Settlement
Potts Law Firm entered a high seven-figure aggregate settlement on behalf of clients that ingested Avandia and were injured.
Birth Injury $4.6 Million
Derek H. Potts and Samuel Cullan were members of the plaintiff's trial team which obtained a $4,600,000 verdict for a minor delivered at Bethany Medical Center. Ariana Wilburn, the minor, suffered a spinal cord presentation after being born in the breech position.
Birth Injury $1.5 Million
Partner Timothy L. Sifers settled a $1,500,000 medical malpractice case pertaining to a birth injury on behalf of a Sudanese family.
Breach of Fiduciary Duty & Legal Malpractice Confidential Settlement
Christopher D. Lindstrom and T. “Micah” Dortch represented a Bankruptcy Trustee in the Southern District of Texas. The case involved allegations of breach of fiduciary duty by the owners of a video game developer and legal malpractice by its attorney related to the failure to properly use the funds invested by others for the creation of an online first-party shooter game.
Callen vs. Heartland 7 Figure Settlement
Buchanan County Circuit Court, 2006. Lead Plaintiffs’ Counsel which obtained a seven-figure settlement during the trial due to medical malpractice.
Car Accident Confidential Settlement
Eric G. Jensen represented a father of two who had another driver turn right in front of him on a Greene County country road near Springfield, Missouri. Rather than hit the driver, our client swerved to avoid the collision and his vehicle rolled into a ditch.
Car Accident $424,000
Eric G. Jensen represented a bright young lady and new mother who was hit by another car at an intersection in Springfield, Missouri. After a lengthy trial, the Greene County, Missouri jury awarded this client $400,000 for her permanent back injury.
Catastrophic Injuries $3.5 Million
Derek H. Potts was co-lead counsel with Thomas Cartmell in representing John Novogradac of Kansas City whose health was neglected during his stay at two nursing home facilities. Mr. Novogradac developed bedsores on his body and had above-knee amputations on both legs after his wounds became severely infected with gangrenous and dead tissue.
CEO Fraud $20 Million
“Micah” Dortch and Chris D. Lindstrom represented a United States Bankruptcy Trustee in C.A. No. 4:11-cv-3700; Rodney Tow vs. Amegy Bank, John H. Speer et. al, in the United States District Court for the Southern District of Texas. After over Ten Million Dollars in pre-trial settlements with various defendants, the case proceeded to trial against the target defendant with an ultimate verdict in favor of the Plaintiff.