Blogs - Page 7 of 10 - McKinney Personal Injury Lawyer

How Can I Prove Distracted Driving in a Texas Car Accident Claim?

Distracted driving is a serious issue that may lead to a variety of car accidents. If you’ve been injured in a car accident that was caused by a distracted driver, you may be able to prove it and recover damages. Proving distracted driving in a Texas car accident claim requires evidence to show that the other driver was not paying attention to the road. You’ll need to gather evidence, such as witness testimony or video footage, to show that the other driver was distracted at the time of the crash. 

Additionally, you’ll need to demonstrate how the other driver’s negligence caused your injuries and losses. With the help of a knowledgeable Texas car accident attorney at Dale R. Rose, PLLC, you can build a strong case and maximize your chances of recovering the compensation you deserve.

What Is Distracted Driving According to Texas Law?

Distracted driving is the act of driving while engaging in any activity that takes your attention away from the road. Texting while driving is one of the most common forms of distracted driving, where a person sends or reads a text message on their phone. Other types of distracted driving include:

  • Using a phone for anything other than hands-free calling
  • Eating or drinking 
  • Talking to other passengers in the car 
  • Adjusting a radio or navigation system
  • Looking at something off the road

All these activities may take your eyes off the road and your mind off safe driving. Texting while driving is especially dangerous as it requires you to take your eyes off the road for extended periods of time, which increases your risk of an accident. Distracted driving-related accidents are on the rise, and it’s important to be aware of all possible distractions before getting behind the wheel.

Who Is Liable for a Distracted Driving Accident?

When it comes to who is liable for a distracted driving accident, the answer depends on the circumstances of the case. Generally speaking, the distracted driver who caused the collision is liable for any damages resulting from it. The driver may be held responsible for any injuries or property damage that occurred as a result of the accident. 

If you have been involved in a distracted driving accident, it’s important to consult with an experienced Texas distracted driving accident lawyer who will help you understand your rights and fight for your legal compensation. Your lawyer will investigate all aspects of the incident and determine who was at fault so that you may receive the justice and compensation you deserve.

How Do You Prove a Driver Was Distracted for Your Texas Car Accident Claim?

Proving that a driver was distracted when a Texas car accident occurred may be difficult, but it is important to do so in order to win the case. In distracted driving cases, negligence must be proven in order for an accident attorney to be successful. The most common ways of proving a driver was distracted are by showing phone records or other electronic usage, videos from nearby surveillance cameras, witness statements, dash cams, and more. In some cases, the driver may even admit they were distracted.

An experienced car accident attorney will know how to best prove a driver was distracted and, therefore, negligent in causing the accident. It is important to remember that proving negligence is key in winning any personal injury case due to distracted driving.

Reach Out to a Dedicated Texas Car Accident Lawyer at Dale R. Rose PLLC

Handling legal action after any car accident takes skill and training, but proving something like distracted driving takes a new level of skill. You need a good lawyer to represent you if you think the other driver was distracted. 

Fortunately, finding the lawyer that you need is easy. Contact us, Dale R. Rose, PLLC, at (972) 634-ROSE (7673) or fill out our contact form to schedule a free consultation about your case.

Do Pre-Existing Conditions Affect my Texas Car Accident Claim?

Car accidents may be incredibly traumatic and often result in severe physical, emotional, and financial losses for those involved. For those who suffer from pre-existing conditions, the impact of a car accident may be even more devastating. 

Pre-existing conditions may complicate the process of filing a car accident claim in Texas, as insurance companies may attempt to reduce the amount of compensation available to the injured party. In order to ensure that you receive the full amount of compensation that you are entitled to for your losses, it is important to understand how pre-existing conditions may affect your car accident claim in the state of Texas.

What Is a Pre-Existing Condition According to Texas Law?

A pre-existing condition is an existing medical or health condition that was present prior to a car accident or personal injury. Car accidents may worsen or aggravate a wide range of pre-existing conditions. Injuries sustained in a car crash may cause existing medical issues to become more severe, such as headaches, neck pain, back pain, and whiplash. More serious conditions may also be made worse by a car accident, including post-traumatic stress disorder (PTSD), depression, and anxiety. Some people may experience an increase in chronic pain or require more frequent medical attention after a car accident. 

 It’s important to note that a pre-existing condition does not necessarily mean the injury will worsen due to the car accident. However, it is possible for a pre-existing condition to be aggravated by the accident and the resulting trauma. For instance, someone with pre-existing back problems may suffer recurred pain and strain on their back while a person without a prior back injury may not suffer as much. In these cases, it’s important to seek medical attention and document any changes in symptoms to address any potential aggravation of the pre-existing condition.

How Do Pre-Existing Conditions Affect a Car Accident Claim?

Pre-existing conditions may have a significant impact on a personal injury claim. Insurance companies will often try to use a pre-existing condition to deny, reduce or delay payment of an injury claim. If the accident caused the pre-existing condition to worsen, then the insurance company may not be liable for all of the damages associated with the injury.

However, if the condition did not worsen as a result of the accident, then it is likely that the insurance company will still be responsible for any damages caused by an accident. A personal injury lawyer may help you determine whether or not your condition may have been affected by an accident and how it affects your injury claim. They may also advise you on what steps you should take to ensure that you receive fair compensation for your injuries.

Reach Out to a Talented Texas Car Accident Lawyer Today

If you are involved in an accident and you have a pre-existing condition, you will need a lawyer that knows how to handle these cases effectively. Do not provide a statement to the insurance company before speaking with a lawyer. It takes special experience in this field to make sure that your pre-existing condition does not interfere with your case. 

For this, you need a lawyer with the right experience. Contact us, Dale R. Rose, PLLC,  to discuss your case and arrange a car accident claim to provide you with relief and compensation for the costs of your recovery. Call us at (972) 634-ROSE (7673) or fill out our contact form to schedule a free consultation.

Who Is Liable for an Accident Involving a Driverless Car in Texas?

Autonomous vehicles are the wave of the future, and the landscape of the roads is changing. Driverless cars and 18 wheeler trucks are now being tested on the roads of Texas, which raises the question of who is liable when an accident involving one of these vehicles occurs. 

In Texas, the law is clear that the person or entity responsible for the operation of the vehicle is the one liable in a car accident. However, when it comes to driverless cars, the answer may not be so clear-cut. Depending on the specifics of the situation, it may be the manufacturer, the owner, a software developer, or another party that is found liable for an accident. To understand who is liable in an accident involving an autonomous vehicle in Texas, it is important to look at the factors that may be considered.

How Do Driverless Cars Work and What Causes Accidents?

Driverless cars, also known as autonomous or self-driving cars, are the latest development in vehicle technology. Automation is a key component of driverless cars, which use a variety of sensors and artificial intelligence (AI) to navigate roads and obey traffic laws without the need for human intervention. A Level 5 driverless car is considered to be fully autonomous, meaning it has the capability to operate without any human input at all. Level 5 autonomy requires that no human interaction is necessary for a driverless vehicle to carry out its tasks safely and efficiently on public roads.

Some of the technology used in driverless cars includes radar, GPS, and cameras. All this technology works together to allow the car to see its environment and identify obstacles and other vehicles on the road. By collecting data from its sensors and processing it through AI algorithms, a driverless car will make decisions on how to move safely while following traffic laws.

Driverless vehicle accidents mostly happen due to human error, whether that be the driver or another liable party. However, in some cases, the accident may be caused by a malfunction within the driverless system itself. These types of collisions may cause serious injury or death for those involved and may lead to significant property damage.

How Do You Determine Liability in a Texas Autonomous Vehicle Crash?

In the event of a motor vehicle accident involving a driverless car in Texas, it is often difficult to determine who should be held liable. Generally speaking, the owner of the driverless car will be held responsible for any damages resulting from an accident caused by their vehicle. However, if the driverless car was being operated without proper authorization or with defective equipment, then other parties may also be held liable for any losses incurred due to the accident.

When an autonomous vehicle crash occurs, it is important to determine liability in order to hold the responsible party accountable. As driverless vehicles become more prevalent, companies may be held liable for any property damage or injuries caused by their autonomous vehicles. Designers or manufacturers of autonomous vehicles are also likely to be held liable if the self-driving car is found to have a defect that contributed to the crash.

If another person or company was responsible for providing maintenance or repairs on the driverless car that resulted in the vehicle malfunctioning and causing an accident, then they may also be held accountable for their negligence in ensuring that the driverless car is safe to operate. Ultimately, determining who is responsible for a driverless car accident in Texas will depend on specific facts and circumstances related to each individual case.

Get Help With Your Texas Driverless Car Accident Claim

It is difficult to predict exactly how liability will be determined in each individual case involving an autonomous vehicle crash, as every situation is unique. However, it is clear that with the development of increasingly complex technology and self-driving cars, manufacturers of autonomous vehicles could potentially face higher levels of responsibility and accountability when accidents occur.  This area of law is new to Texas, so no clear path to recovery has been determined under Texas laws.

You need a good lawyer to represent you in this new and emerging field of law. Contact Dale R. Rose, PLLC if you have been in an accident involving a driverless car in Texas. You can call us at (972) 634-ROSE (7673) or fill out our contact form to schedule a free consultation about your case.

Guide to Proving Negligence in a Texas Car Accident Claim

In order to recover compensation for damages in a car accident, plaintiffs in Texas need to prove negligence on the part of the defendant. That the actions or inactions of the defendant caused the accident from which they suffered monetary and non-monetary losses.

Texas law requires drivers using Texan roads to protect themselves and other road users by providing a minimum coverage of $30,000 in bodily injury per person and $25,000 in property damage if they are found liable in an accident. Dale R. Rose, PLLC, is a qualified personal injury firm that understands the necessary elements to prove negligence in a Texas car accident claim.

Negligence in Texas Car Accidents

Negligence is a legal term in personal injury claims (like car accidents) referring to a person’s lack of regard for the safety of others or their failure to take reasonable care to avoid causing injury or loss to another person.

Texas is a comparative fault jurisdiction. This means that a driver who is entirely, or at least 50 percent, liable for an accident has to take responsibility for their share of the fault. In addition, the rule of “modified comparative fault” in Texas allows financial compensation only when the plaintiff’s percentage of responsibility in the accident is less than that of the defendant(s). Therefore, you will not receive any compensation if you are found to be more than 50 percent at fault in the accident.

How Do You Prove Negligence in a Texas Car Accident Claim?

Proving negligence or fault in a car accident claim requires evidence like pictures, videos, police reports, crash reconstruction reports, and witness testimonies, among others. Below are the four elements needed to prove negligence in a Texas car accident claim:

Duty of Care

This is the legal obligation of a driver to act in a manner that ensures the safety of other road users. This obligation entails obeying traffic laws and extends to anyone using the road. The duty of care is established in court by proving that the defendant was negligently operating the vehicle at the time of the accident.

The duty of care does not apply to the driver only and may extend to other parties. For example, a vehicle owner may share liability with the at-fault driver under the theory of negligent entrustment. It is a legal theory based on the idea that the vehicle owner knew or reasonably should have known that the at-fault driver was incompetent, reckless, or unlicensed. Other parties include government entities who have a duty to maintain roads and employers who may be liable for the actions of their employees when said actions are performed within the scope of their employment.

Breach of Duty

After establishing that the defendant owed you a duty of care, you must prove that they breached this duty. A breach of duty is any action that differs from what a reasonable person would do under the same or similar circumstances. Some examples of breach of duty include:

  • Speeding
  • Driving too slowly
  • Driving under the influence
  • Tailgating, i.e., driving too closely behind another vehicle
  • Distracted driving

The judge or jury decides if the defendant breached the duty of care. For example, a driver going at 70 MPH in a 55 MPH zone places other road users at risk of harm or injury. This is not something a reasonable person would do and if their speed caused the wreck, it should be considered negligence.

Causation

Breach of duty is not causation. It is not sufficient to show that the driver made a mistake. The plaintiff must link the breach of duty to causing the accident. Causation is conveyed as a “but for clause.” That is, but for this breach of duty, the accident would not have occurred. Speeding is a factor that may have contributed to the cause of an accident, but not all speeding drivers cause accidents. This is sometimes the most challenging element to prove.

Types of Recoverable Damages

 If the car accident did not result in any damages, there is no legal claim for relief. Damages is a legal term that is used to include several types of recoverable claims. To recover money for a personal injury claim, you must show that the accident caused your injuries or damages directly linked to the accident.

Damages in a Texas car accident include:

  • Past and future medical expenses
  • Property damage
  • Lost wages
  • Loss of earning capacity (ability to do your work in the future)
  • Physical impairment or disfigurement
  • Mental anguish
  • Pain and suffering
  • Loss of consortium

Retaining all medical records and receipts related to the accident is crucial. A skilled and experienced Texas personal injury lawyer may accurately assess your damages and determine what your claim is worth.

Furthermore, if the plaintiff’s injuries are due to the at-fault driver’s gross negligence, fraud, or malice, the judge may award punitive/exemplary damages. Punitive damages are awarded as a penalty or a way to push the defendant, not to compensate the plaintiff.

Contact an Experienced Texas Car Accident Lawyer to Handle Your Claim

Car accidents are scary and stressful. Getting legal representation for your injury claim allows you to focus on healing without worrying about the case. Leaning on the knowledge and experience of a Texas car accident lawyer is the best decision you can make for your recovery and your case.

If you have been injured in a Texas car accident, contact the best lawyer in North Texas with 25+ years of experience handling personal injury claims at Dale R. Rose, PLLC. We are committed to ensuring you get the justice you deserve and total compensation for your injuries. Call (972) 634-ROSE (7673) or complete our contact form to schedule a free consultation.

4 Reasons to Seek Medical Attention as Soon as Possible After a Car Accident

Whether your injuries are visible or those that cannot be seen, getting immediate medical attention should be the first thing after a car accident. Delaying treatment may be detrimental to your health. A minor injury may worsen, and an undetected one may go untreated. Receiving medical attention as soon as possible after a car accident will not only have a significant positive impact on your health, but also help you in seeking fair compensation for your injuries.

After receiving a thorough medical assessment from your doctor, you should contact a qualified Texas car accident attorney to guide you on how to seek compensation for your damages. We understand that a car accident could leave you with serious injuries that lead to remarkably high medical costs. Our dedicated car accident lawyers are here to evaluate your case and help you fight for the compensation you deserve.

Common Injuries After a Car Accident

Any form of a car accident may be devastating to victims. You may suffer severe injuries and complications that will need immediate medical attention. Some of these injuries include:

  • Broken bones
  • Spinal cord injuries
  • Soft tissue injuries
  • Organ damage
  • Paralysis
  • Concussion
  • Traumatic brain injuries

Regardless of your injuries, it’s crucial to seek medical care immediately. Delaying treatment could lead to more serious injuries that could have been prevented.

4 Reasons to Seek Immediate Medical Attention After a Car Accident

After a minor car accident, the injuries may not be noticeable right away. However, even small car accidents can have devastating effects that could aggravate with time. Therefore, whether you were seriously injured or have minor injuries, there are various reasons you should seek immediate medical help, including the following:

Protect Your Health

The shock and trauma of a car accident could mask your injuries, making it difficult to evaluate the extent of the damage caused. These injuries may only be detected and treated by seeking immediate medical attention.

In addition, you may have serious injuries like concussions, soft tissue injuries, and whiplash that become more dangerous the longer you wait to get treated. Therefore, seeking immediate medical health may help you recover from your injuries and protect yourself from more severe complications.

Medical Reports Provide Critical Evidence

When you’re involved in an accident caused by a negligent driver, your next step will be to file a personal injury claim. A medical professional will document and keep records of your diagnosis and care. These medical records connect your injuries to the accident and may be used as evidence when filing a lawsuit to get compensation for your losses.

An experienced personal injury attorney will evaluate your medical report to help you estimate the value of your compensation and build a strong case. Medical reports are crucial in helping you get the maximum possible financial compensation for the accident.

Protect Your Compensation

After a car accident, insurance companies and the defendant will do anything to limit their liability and financial obligation. When you fail to seek immediate medical attention, the liable parties may try to devalue your claim or deny your charges. They may argue that your injuries were not caused by the given accident, or that the injuries sustained were not as severe as you claim.

Seeking medical help and hiring a dedicated Plano personal injury lawyer ensures that the at-fault party has no window to sabotage your personal injury claim or lawsuit.

Showcase the Accident’s Fault in Your Injuries

Promptly seeing a doctor shows that the accident was the cause of your injuries. There is a high chance that the car accident caused the injuries or aggravated your existing injury. However, having gaps in your treatment weakens your claim by raising doubts about whether the accident was the cause of your injuries. Delayed treatment also worsens your injuries, and insurance companies may claim that you’re at fault for not mitigating your injuries; therefore, their liability should be reduced.

After a car accident, you may feel overwhelmed and unsure of what to do next. However, seeing a doctor gives you the best chance of making a full recovery. With the help of a qualified Texas car accident lawyer, you may be able to receive fair compensation for your accident claim from the negligent party.

Contact an Experienced Car Accident Lawyer at Dale R. Rose, PLLC

A car accident is always a scary and traumatizing experience. Victims are left with injuries that could drastically change their lives, let alone the enormous medical costs and damages caused. Therefore, seeking immediate medical attention and having a relentless personal injury lawyer at Dale R. Rose, PLLC, fighting for your rights is in your best interest.

Don’t let the enormous medical bill caused by a negligent driver prevent you from receiving the medical treatment you deserve. Our compassionate team will help make the negligent driver accountable for all your damages, including your medical bills. Don’t hesitate to contact us today by calling (972) 634-ROSE (7673) or filling out our contact form to schedule a free consultation with a knowledgeable car accident attorney to discuss your legal options.

What to Do After a Hit-and-Run Accident in Texas

Accidents are stressful and unforeseen events anyone may have to deal with at one point in life. While all accidents are scary, getting involved in a hit-and-run accident makes the situation even more terrifying. Victims are left with so many questions lingering in their thoughts. Who will be held liable now that the driver who supposedly caused the accident ran? Will my coverage cover the injuries or property damage?

Your actions after the accident may be vital in enabling law enforcement officers to catch up with the other driver. They may also act as evidence while filing for compensation with your insurance company. Calling a Texas hit-and-run accident lawyer as soon as you’re able after the accident is also recommended. Their experience and knowledge may come in handy to help fight the problematic insurance companies and possibly win you the compensation you deserve.

Responsibility of the Driver After an Accident

Texas has laws that punish and discourage drivers from leaving the scene of an accident. A hit-and-run is defined as any accident where any driver involved in an accident leaves the scene without performing the appropriate actions stipulated in the Texas accident laws. However, the accident must have resulted in injury to another person or property damage to qualify as a hit-and-run case.

Besides stopping immediately after the accident, the other actions that any driver involved in an accident in Texas is supposed to do are:

  • Render any reasonable aid to the other parties in the accident
  • Share their name and address, and the vehicle’s registration number
  • Share their insurance and driver’s license details, if requested
  • Wait for the police to arrive if they’re on the way coming

Failure to stop and do the above mentioned actions is a crime in Texas. The offenders may face misdemeanor or felony charges, depending on the damages the accident caused.

What Happens if the Vehicle Was Unattended?

Even if your car was packed or no one was present when the property was hit, the driver is still supposed to leave the required information behind before leaving the scene. Unfortunately, these are the most common type of hit-and-run accidents, since the perpetrators think it may be impossible to trace them. 

Additionally, proving to your coverage that your car was wrecked in a hit-and-run may be challenging without enough evidence. Enlisting a skilled Collin County personal injury attorney may help you fight for your rights to compensation.

5 Steps to Take Following a Hit-And-Run Accident

If, unfortunately, the driver who hit you speeds off, don’t panic or try to catch up with them. Stop your vehicle and follow these five steps.

Safety First

Safety is your top priority. If possible, drive your car from the road and stop at a safe place. Otherwise, exit the vehicle. Then check yourself and the other occupants of the vehicle for any injuries.

Call 911

Contacting the emergency services will alert the police to come to the site, and if someone is injured, the ambulance will also be notified. Police will be of very great help in trying to locate the hit-and-run driver as soon as possible and collecting other crucial evidence. Besides, the police accident report may become your best evidence to use when filing for a personal injury claim.

Gather Information and Evidence

As you wait for emergency services, put down everything you may remember about the accident, if possible. Some things to include are the vehicle model, make, color, and license plates (even if you remember only part of it). If there were witnesses around, they may come in handy in helping identify the other party or vehicle. Your dash cam may also contain vital information about the accident.

Contact Your Insurance

Notifying your insurance provider after a hit and run accident is essential in starting your claim process. You’ll learn the next steps you may need to file your claim if you qualify for one.

Speak With Your Lawyer

Talk with a Texas personal injury lawyer for further legal advice and guidance. They may help represent you when filing the claim with your insurance to ensure you get fair compensation if your coverage covers such liability.

Will My Insurance Compensate Me for Damages After a Hit-And-Run Accident?

It depends on the policy you agreed with your provider when purchasing the premium. Typically, if the hit-and-run driver is found, their coverage will cover the damages as in any other accident.

First, if you or someone else in the vehicle was injured, your personal injury protection (PIP) coverage may be able to pay for your medical expenses, lost wages, and out-of-pocket costs. Under Texas law, this coverage is automatically included in your auto policy unless you rejected this coverage.  You should always check your policy.

Another option is uninsured and underinsured motorist coverage (usually shown on your insurance page as UM/UIM or just UM). If you have one, this policy may help pay for your damages after a hit-and-run accident. This also means you may get compensation even when the other driver has no insurance or theirs isn’t enough to cover all the damages. Lastly, collision coverage may come into play to pay for your car repairs if you were at fault for the accident.

Consult an Experienced Texas Hit-And-Run Accident Lawyer

No accident is desirable, no matter how minor it may be. Getting involved in a crash where the other driver runs away is not a small matter. Dealing with your injuries and following up with the insurance for compensation is too much for you and may negatively affect your recovery journey and mental health. Leaving a personal injury claim to a friendly and experienced Texas hit-and-run accident lawyer at Dale R. Rose, PLLC, may be the wisest thing to do.

We have represented dozens of clients in Texas for years with a reputable track record. If you have been involved in a hit-and-run accident in Texas, call us at (972) 634-ROSE (7673) or fill out our contact form for a free consultation.

What Not to Say to an Insurance Adjuster After a Car Accident

After a collision, your mind is immediately flooded with anxiety about car damage, injuries, and of course, the potential cost of everything. Most people notify their insurance quickly after their accident to get the money they need to cover these costs as soon as possible. If the wreck was not your fault, your insurance company may not be able to help you, depending on your insurance coverage.

Some people will call the other (at fault) drivers insurance company for help.  However, most people don’t realize that the other driver’s insurance adjuster is not on their side. The insurance adjuster’s first priority is to save the insurance company money, so it is in your best interest to tread carefully when speaking to them. They may ask you numerous questions and request all sorts of information, but there are many things you should refrain from telling an insurance adjuster after a car accident. To help ensure your rights are upheld and the compensation for your accident is fair, before you talk to the other drivers insurance company, consider hiring an experienced car accident lawyer.  

What Not to Tell an Insurance Adjuster Following a Car Accident

Car accidents are anxiety-inducing enough without having to worry about communicating and negotiating with an insurance provider. Navigating communications with an insurance adjuster may be tricky, and it’s not always clear what information you are obligated to disclose to them. While there are some requirements for cooperating with your own companies insurance adjuster, there are no requirements that you have to speak with the other drivers insurance company.  If you choose to talk to them, there are many statements you should avoid making when filing a car accident claim.

Don’t Tell an Insurance Adjuster You Feel Fine

By the time you sit down to talk to an insurance adjuster, you may feel fine, but you shouldn’t disclose that to them. Downplaying your injuries or implying that you weren’t injured in your accident will help an insurance adjuster justify offering you a smaller settlement. Receiving a smaller offer may be troublesome, especially if more severe symptoms start to manifest later on. 

Car accident injuries can take significant time to reveal themselves, so you could need medical care in the future, even if you feel fine now. Arguing for a higher settlement will be challenging because the insurance company will probably reject you by using your comments as evidence that you are exaggerating your injuries, leaving you without the funds you need to seek complete treatment.

Don’t Apologize or Admit Any Fault to an Insurance Adjuster

Admitting you could have partially contributed to your accident or even apologizing for the accident could be construed as admitting fault. Anyone considered at fault for a car accident could be liable for the results in damages and injuries, meaning apologizing could put you on the hook for financially compensating everyone else involved or disqualify you from getting compensation.

Don’t Speculate About What Caused the Accident to an Insurance Adjuster

When discussing an accident with an insurance adjuster, it’s better to say as little as possible. When you must disclose something, you should make sure to stick to the facts. You shouldn’t offer an insurance adjuster any guesses or speculations about what happened or what caused your collision. 

If you do, your speculations may prove false after further investigation, which could call the rest of your statement into question. These contradictory statements will be used against you by insurance companies to reject your claim. Other than the bare basics—when it happened, where it happened, who was involved, and who any witnesses were—you don’t need to tell them anything further about the accident. 

Don’t Downplay the Severity of the Damage to an Insurance Adjuster

You shouldn’t blame that the damage to your car isn’t severe, just like you shouldn’t claim that you feel fine after your accident. Downplaying or insinuating that the damage is not severe could result in you losing out on the compensation you need to get it fixed. 

From the exterior, your vehicle may not appear to have sustained much damage, but there could still be problems that you can’t see that necessitate costly repairs. Vehicle damage needs to be inspected by qualified mechanics and body shops, so it may take some time for you to discover the extent of the damage. 

Let an Experienced Texas Car Accident Lawyer Handle Your Insurer

Car accidents aren’t just scary. They’re also stressful. After your accident, you need time to heal from your injuries, and you should be able to do so without worrying about saying the wrong thing to insurance adjusters. Consider leaning on the knowledge and experience of a Texas car accident lawyer to help you navigate communications with your insurer.

Dale R. Rose, PLLC is a qualified attorney who takes pride in helping clients throughout North Texas. Since 1992, he has aided in the resolution of Texas auto accident lawsuits and obtained sizable payments for his clients. When you need legal representation to help you handle the insurance companies, you can count on Attorney Dale R. Rose to offer you tailored legal counsel. You can phone (972) 634-7673 or complete our contact form to schedule a free consultation.

Who Is Liable in a Chain Reaction Car Accident?

Liability may be challenging to determine in an accident involving two or more vehicles. Chain reaction collisions may result in multiple rear-end accidents or a pile-up crash involving multiple drivers. Determining fault for a chain-reaction car accident is more complex than a straightforward accident affecting two drivers. You will likely need the knowledgeable legal guidance of an experienced Texas car accident lawyer to help conduct an investigation into the accident to hold a party accountable for the losses you have suffered in a chain reaction collision.

At Dale R. Rose, PLLC, we have helped countless car accident victims recover the financial compensation they deserve due to someone else’s negligence. For a comprehensive assessment of your claim and help determining liability in a chain reaction accident, speak with a skilled Texas car accident lawyer during your complimentary consultation. 

Chain Reaction Car Accidents in Texas 

A chain reaction car accident is a sequence of rear-end impacts or pile-ups caused by the front of one vehicle striking the rear end of another vehicle, and so on. This typically happens when one driver causes a chain reaction by crashing into another driver with enough force to propel the vehicle forward into the car in front. 

To determine liability in this type of accident, it is essential to obtain the help of an experienced Texas car accident lawyer in order to conduct a comprehensive investigation into the cause of the accident. Sometimes driver error, driver distraction, or negligence, is the main cause of a chain reaction accident on congested roads. At Dale R. Rose, PLLC, we handle all aspects of your claim to recover the compensation you deserve.

How to Determine Liability in a Chain Reaction Car Accident in Texas 

A chain reaction car accident may be severe and cause significant injuries, such as whiplash, TBIs, or broken bones. Texas follows modified comparative fault when more than one party shares the responsibility for the accident. Based on evidence, the jury may calculate damages based on economic losses sustained in the accident and the percentage of liability that belongs to each party. The victim’s damages are reduced by a percentage of the share of fault. You are disqualified from recovering compensatory damages if you are determined to be over 50% responsible for the collision.

Overall, most of the time in a chain reaction car accident, the driver of the initial vehicle that makes contact with another vehicle in the accident is liable for resultant collisions. Determining liability for a chain reaction accident requires an extensive investigation into the cause of the initial impact. The objective of an investigation is to find the source of the chain reaction who is required to pay for damages, including victims’ medical bills, property damage, and other expenses. 

Speak With an Experienced Texas Car Accident Lawyer at Dale R. Rose, PLLC

At Dale R. Rose, PLLC, we understand the complexities of determining liability in a chain reaction car accident. We will help you conduct an exhaustive investigation into the accident, including analyzing police reports, speaking with witnesses, and even retaining experts to create accident reconstructions to determine the order of impact. 

We have over 25 years of experience helping countless victims throughout North Texas recover the compensation they deserve due to driver negligence in chain reaction car accidents. Schedule a no-cost consultation today by calling (972) 634-7673 or fill out our contact form for skilled legal guidance in determining liability in a chain reaction car accident and to fight for the justice you deserve.

Do I Need a Lawyer for Minor Car Accident Injuries?

If you are the victim of a minor car accident caused by a negligent driver, you may be considering whether to retain a Texas car accident lawyer. In a minor accident, you may think that you were left with only minor injuries, but oftentimes injuries may remain latent, leaving you in need of medical care and financial recovery later down the road. 

At Dale R. Rose, PLLC, we are well-versed in handling even the most complex car accident claims and have over 25 years of experience obtaining the justice car accident victims deserve. Working with an experienced Texas lawyer may help you evaluate whether you have a case and assess what your best legal options are for fair compensation. 

How to Know if You Need a Lawyer for Minor Car Accident Injuries

In some straightforward car accident claims, you may not require the help of an experienced Texas car accident lawyer. However, most car accidents, even minor collisions, are not as simple and straightforward. When another driver is involved, there may be liability disputes and challenges in working with insurance companies. 

When working with the skilled car accident lawyer at Dale R. Rose, PLLC, we may handle all the aspects of your car accident claim, from negotiating with insurance adjusters to helping document your injuries to gathering valuable evidence. Knowing when to work with a car accident lawyer after a minor car accident could help you obtain the most favorable outcome. 

The following are essential aspects to consider when deciding whether you need a lawyer after a minor car accident in Texas: 

Proving Liability 

Depending on whether you were liable for the minor car accident, you may not require a lawyer. At-fault drivers with up-to-date insurance policies may be provided with representation as a benefit through their insurer. However, it is essential to consider that Texas is a modified comparative fault state. 

When more than one driver is found to be at fault for a minor car accident, damages may be calculated based on the evidence determining economic losses and the percentage of fault that belongs to each party. Under the modified comparative fault rule, the victim’s award is decreased by a percentage equal to their share of fault. You may not be awarded damages if you are determined to be more than 50% liable for the collision. 

When you are injured in a minor car accident, you may need the help of an experienced car accident lawyer to conduct an extensive investigation into your accident to determine the percentage of liability, obtain valuable evidence, and build a strategic claim on your behalf so you may recover necessary compensation for the suffering you have sustained due to negligence.  

Physical or Psychological Injuries 

Even if you think you incurred only minor car accident injuries, symptoms could worsen or develop in days, weeks, or months following the accident. If injuries do not develop after the minor car accident, and you do not need medical care, you may not need to retain a Texas car accident lawyer. In the event of minor car accident injuries, even scrapes or bruises, working with a skilled car accident lawyer may be beneficial to recovering the compensation you deserve. 

Psychological injuries may also negatively affect your day-to-day life following a minor car accident, such as post-traumatic stress disorder (PTSD), anxiety, fear of driving, and others. Overlooking emotional suffering and other psychological injuries may result in forfeiting the financial compensation you deserve. 

Speak with an experienced minor car accident lawyer to assess whether you have sustained a psychological injury and evaluate the extent of injury, so you may take the appropriate steps to recover the compensation you deserve.

Pursuing Legal Action After a Minor Texas Car Accident 

When considering whether to seek legal action against a negligent driver after a minor car accident, you may need to consult an experienced Texas car accident lawyer to evaluate the following factors: 

  • The extent of injury: If you have suffered physical or financial damages, you may be eligible to seek legal action against the accountable driver 
  • Proving percentage of fault: To avoid incurring a larger percentage of fault for the minor car accident, working with an experienced lawyer may be beneficial 
  • Claim denial: If your car accident claim was denied, an experienced lawyer may help you create a reliable appeal strategy 

Speak with the skilled Texas car accident lawyer at Dale R. Rose, PLLC, for a comprehensive evaluation of your claim to help you determine whether you may be eligible for pursuing legal action against the negligent driver for the injuries you sustained. 

Speak With an Experienced Texas Car Accident Lawyer at Dale R. Rose, PLLC

Even if you sustained minor car accident injuries, working with an experienced Texas car accident lawyer is essential to protect your best interest and recover the damages you have incurred due to a negligent driver. At Dale R. Rose, PLLC, we have helped countless car accident victims throughout North Texas recover the compensation they are owed for the suffering they have experienced. 

Schedule a no-cost consultation today at (972) 634-7673 or fill out our contact form for award-winning representation and knowledgeable legal guidance.

Who Is Responsible for a Rental Car Accident in Texas?

Getting into a car accident is always a stressful experience, but it’s even more so when you’re driving a rental car. If you do not have your auto policy when renting a car, you may be wondering what the consequences are, how much it’ll cost, and who is responsible in the case of an accident. 

Car lending companies often keep a form of payment on file while a car is being rented, and additional charges may appear in terms of the agreement being broken. In addition, many companies offer additional coverage that you can purchase for the rental when it is being used. Those who may opt-in for this additional coverage may still find themselves in a financial bind after a serious rental car accident. At the Law Office of Dale R. Rose, our car accident attorney can help you settle your case. Below you will find more information about who is responsible for a rental car accident in Texas and what to do if you find yourself in one.

Car Rental Contracts and Car Damage Costs 

When you’ve been injured or involved in an auto accident while driving a rental car, the lending company may not wait for a processed claim to pay for the damage and repairs on the vehicle. Depending on the rental contract policies you agreed to, you may experience financial difficulties from having to pay the costs right away. Surprisingly, you may file a claim against the driver responsible for the crash and seek reimbursement for the trouble and any injuries caused to you.

Credit Cards and Car Rentals 

When you rent a vehicle, you often have to leave a credit card on file. The majority of credit card companies offer some form of rental car coverage. If your personal auto insurance is used to cover the damages and costs from the accident, a credit card can cover the costs if they exceed your coverage. However, there are limitations to this, and it is essential to check your benefits policy to determine what you may be able to use. 

Primary and Secondary Credit Card Coverage 

In addition, credit card coverage for car rental accidents only covers collision and loss coverage. This coverage does not include injuries endured in an accident. Primary coverage on a credit card pays for the costs first, helping you avoid the deductible and use of your personal insurance. However, your auto insurance pays the costs with secondary coverage, and your credit company reimburses the claim. 

It is essential to know what your coverage entails, whether your auto insurance, a credit card benefit, or any additional coverage you opted for while signing an agreement. Many credit companies also offer some coverage for towing, administrative costs, and loss of use for the rental company. The driver on the contract is responsible for the costs of the car they signed for. But, a skilled auto accident and personal injury lawyer can help you file a claim and seek compensation to be reimbursed and recover costs for damages and injuries you have endured. 

Do I Need Additional Coverage for a Rental Car?

Since a personal auto insurance policy is not a requirement for renting a vehicle, car rental agencies offer additional coverage to purchase and add to your agreement. However, the costs of these policies may double or triple the costs of your rental. If you do not have your auto policy at the time of the rental, you can opt for coverage with the rental company, a credit card’s coverage, or use a third-party insurance policy. 

When you opt out of coverage altogether, you opt only to use the minimal policies that come with a rental, and you are responsible for the rest of the costs. Since you are under an agreement with the car rental, it can be tricky to dispute charges and seek coverage in the case of an accident. Even if you are not at fault in the car crash, you are under an agreement and may be charged all damage costs to repair the vehicle. However, if you have your own policy, it may cover you while driving a rental. 

Rental agencies also offer damage waivers and liability policies, but the waiver isn’t equilivent to insurance for your rental. According to the law, you do not have to purchase a collision damage waiver (CDW) in Texas. However, this means that a rental company can charge you for damage to the rental vehicle. To seek compensation for any injuries and be reimbursed for the costs you have endured due to another’s negligence behind the wheel, contact our car accident and personal injury lawyers in Collin County, TX to help you.  

Who Is Liable in a Texas Car Rental Accident?

When you have been involved in a car crash in Texas, you have a right to file a claim against the person responsible. If you were using a rented car at the time of the accident, you may be confused about who is responsible for the accident. While you may be financially responsible for covering the damages right away since you are under a contract with a rental car company, a lawyer can still help you seek the compensation needed to recover the costs of damages owed to you. 

You may recover rental company charges, medical expenses, reimbursement for wages lost after the accident, and damages for your pain and suffering with an attorney. As with any car accident, the person that caused the accident is usually liable for the damage done. Since a car rental and contract are involved, insurance coverage and procedures can be more complicated. With the right legal team and a dedicated attorney, you can file a claim and be rightly compensated for your losses. 

Seek Professional Legal Advice with Car Accident Attorney Dale R. Rose 

At our law firm, attorney Dale R. Rose has years of experience helping our clients recover compensation and feel at ease throughout the car accident claim process. If you have suffered injuries in a Texas car rental accident, our legal team can help you gather what you need for a successful claim. Contact our office by calling (972) 634-7673, or fill out a contact form to get in touch with our team and schedule a free consultation.

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