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.
On This Page:
- What Are the Most Common Causes of Car Accidents?
- What to Do After a Car Accident in Dallas
- Is Texas a No-Fault Auto Insurance State?
- What If You Were Partly at Fault?
- Compensation for Car Accident Victims
- Why Hire a Lawyer?
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.
What to Do After a Car Accident in Dallas
Being involved in a car accident can be a traumatic experience, and it's important to know what to do in the aftermath. If you are in Dallas, Texas, there are specific steps you should take to ensure your safety and protect your rights.
Here are some things to keep in mind after a car accident:
- Check for injuries: The first thing to do after a car accident is to check yourself and any passengers for injuries. If anyone is seriously hurt, call 911 immediately.
- Move to a safe place: If you are able to move your vehicle, try to do so to a safe location, such as the side of the road or a parking lot. Turn on your hazard lights and use flares or warning triangles if you have them.
- Call the police: Even if the accident is minor, it's important to call the police to report the accident. They will create an official report, which can be helpful later if you need to file an insurance claim.
- Exchange information: Exchange contact and insurance information with the other driver involved in the accident. This includes their name, phone number, address, insurance company, policy number, and license plate number.
- Document the scene: Take pictures of the damage to both vehicles and any other property that was damaged in the accident. This can also be helpful when filing an insurance claim.
- Seek medical attention: Even if you don't feel hurt right away, it's important to seek medical attention as soon as possible. Some injuries, like whiplash, may not show up until later.
- Contact your insurance company: Call your insurance company as soon as possible to report the accident and provide them with the details.
- Consult with an attorney: If you were injured in the accident or the other driver was at fault, it may be a good idea to consult with an attorney who specializes in car accidents. They can help you understand your rights and options for seeking compensation.
By following these steps, you can protect yourself and ensure that you receive the care and compensation you deserve.
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.
It's All About Your RecoveryHear From Our Past Client's
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
Why Hire a Car Accident Lawyer?
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.
it's all about your best possible resultExplore our past successes
Kugel Mesh Hernia Patch $184 Million
Derek H. Potts was a member of the Kugel Mesh MDL Plaintiffs Steering Committee which was instrumental in obtaining a $184,000,000 global settlement for several thousand persons who had received the Kugel Mesh hernia patch.
Commercial Property Dispute $645,000
Potts Law Firm attorneys negotiated a settlement on behalf of a client whose land was taken by a private power line company. The company’s original offer of $430,000 failed to consider the decrease in aesthetic value that the scenic ranch in the Texas Hill Country would incur from the power line installation.
Surgical Negligence $600,000
Partner Adam T. Funk secured a $600,000 settlement for a young woman who was a victim of New Mexico medical malpractice. The woman underwent gallbladder removal surgery; the most common operation in America. The surgeon negligently performed the procedure, allowing bile to spill within the woman’s abdominal cavity before closing her incision.
Wrongful Death of Employee $6.35 Million
Potts Law Firm served as lead counsel for the family of a man who was killed while on the job due to a product failure. After a short time in litigation, Potts Law Firm was able to settle the case and also received a voluntary worldwide recall of the product; ensuring no one else would suffer injuries or death resulting from the failed product in the future.
East Texas Residential Property $454,000
Potts Law Firm attorneys negotiated on behalf of a residential property owner whose East Texas land was taken by the Texas Department of Transportation (TXDOT) to make way for new road construction. TxDOT's original offer of $31,343 did not consider damages that the remaining land would incur from the new road build.
Seat Back Failure Seven-Figure Settlement
Potts Law Firm secured a confidential seven-figure settlement against an automobile manufacturer when the client’s vehicle was struck by another vehicle causing the driver’s seat to collapse backward allowing the client to be thrown into the back seat where she received spinal cord injuries, rendering her a quadriplegic.
Surgical Negligence Confidential Settlement
Potts Law Firm achieved a settlement for a medical malpractice case on behalf of a minor injured during surgery in Kansas.
Defective Airbag Seven-Figure Settlement
Potts Law Firm secured a confidential seven-figure settlement against an automobile manufacturer for the clients when their nine-year-old daughter was killed by the passenger side airbag in this low-energy collision.
Small Statured Seat Belt Defect Confidential Settlement
Potts Law Firm secured a judgment and subsequent confidential settlement against an automobile manufacturer for a defective occupant restraint system provided for the front seat driver in a 1990 vehicle. This was a judge-tried case. After presenting evidence as to liability, the judge entered a plaintiff’s verdict.
Sgroi vs. St. Louis University Hospital Jury Verdict
Derek H. Potts was appointed Lead Plaintiff's Trial Counsel in the case of Sgroi vs. St. Louis University Hospital, which obtained a verdict due to medical malpractice. Mr. Potts successfully argued the appeal before the Missouri Supreme Court, upholding the verdict.