A Texas Car Accident Lawyer Who Helps Injury Victims

Car Accident Attorneys in Arlington & DFW

You’ve been in a car wreck and have injuries needing medical care. What do you do now? The Law Offices of David Kohm has Arlington & DFW car accident attorneys that handle many cases similar to yours every year, ready to help defend you rights.  We recommend that before you take any steps or visit with an insurance adjuster, you need to consult with an experienced auto accident attorney regardless of what you have been advised.

We are one of the most experienced personal injury law firms in Texas with fourteen offices that provide free auto accident consultations. Please contact the location nearest you:

We Will Fight the Insurance Adjuster for You

If fault has been established and the insurance company is responsible for compensation of your injuries they will ask you to accrue your medical bills and submit them to the adjuster. They will try to push you into a quick settlement asking you to determine as soon as can be that there is no more medical treatment needed. Of course it’s in their best interest to settle your case as early as possible. The sooner the adjuster can close the case, the sooner they are no longer financially responsible.

The adjuster will contact you to confirm that you have received all the medical care you need and then they will compile all the bills, determine what they are liable for, and send you a check in one lump sum. They will most likely send you only a partial amount that doesn’t cover the bills you have received and if your injuries get worse or other medical issues develop, you cannot go back to the insurance company for additional compensation. You need legal representation to defend your interests.

This is why it’s important that you have a knowledgeable car accident lawyer who knows how to deal with the insurance company adjuster and any other parties involved in the case. Car accident injuries can be more complicated than most people think and because there are so many issues that arise as time passes you don’t want to be impatient and accept their first offer. We push the insurance companies to give you the biggest possible settlement in the shortest amount of time because their initial offers are nearly always simply unacceptable.

The Different Types of Auto Accidents

In Texas, like in many other places, various types of car accidents can occur. Some common ones include:

• Head-on collision: A head-on collision is a type of car accident that occurs when the front ends of two vehicles collide with each other while traveling in opposite directions. In this type of collision, the vehicles typically impact each other with significant force, often resulting in severe damage, injuries, or fatalities. Head-on collisions can occur on any type of road but are particularly dangerous on high-speed roads such as highways or freeways. These accidents can happen due to various factors, including distracted driving, drunk driving, fatigue, or vehicles crossing into oncoming traffic lanes. Head-on collisions are considered one of the most dangerous types of car accidents due to the force of impact involved.
• Rear-end collision: A rear-end collision is a type of car accident that occurs when one vehicle crashes into the back of another vehicle. In this type of collision, the vehicle that is struck is typically stationary or moving slower than the striking vehicle. Rear-end collisions often happen due to factors such as tailgating, distracted driving, sudden stops by the lead vehicle, or adverse road conditions like rain or ice. These accidents can vary in severity from minor fender benders to more serious crashes, depending on the speed and force of impact. Whiplash injuries to occupants of the vehicle that is struck are common in rear-end collisions due to the sudden acceleration and deceleration forces involved.
• Side-impact collision: A side-impact collision, also known as a T-bone or broadside collision, occurs when the front end of one vehicle strikes the side of another vehicle. This type of accident typically happens at intersections when one vehicle fails to yield the right of way or runs a red light or stop sign, leading to a collision with a vehicle traveling on a perpendicular path. Side-impact collisions can also occur during lane changes or when merging onto highways if one vehicle fails to see or properly judge the distance of another vehicle. These accidents can result in significant damage to the vehicle’s side that is struck and can cause severe injuries to occupants, especially on the side of the vehicle where the impact occurs. The risk of injury in side-impact collisions is often higher than in other types of accidents due to the limited protection provided by the vehicle’s doors and side panels.
• Multi-vehicle collision: A multi-vehicle collision, often referred to as a pileup or chain-reaction accident, is an accident involving three or more vehicles. In a multi-vehicle collision, the initial collision between two vehicles can trigger a series of subsequent collisions involving other vehicles in the vicinity. These accidents often occur on highways or freeways, particularly in congested traffic conditions or during adverse weather conditions such as fog or heavy rain, where reduced visibility and limited braking distances increase the likelihood of chain-reaction crashes. Multi-vehicle collisions can result in extensive damage to vehicles involved and may cause injuries ranging from minor to severe, depending on the force of impact and the number of vehicles involved. These accidents can also lead to traffic congestion and road closures while emergency responders work to clear the scene and assist those involved.
• Rollover: A rollover accident is a type of car accident in which a vehicle tips over onto its side or roof during a collision or due to sudden maneuvers. Rollover accidents can occur when a vehicle loses control and skids sideways, strikes an obstacle such as a curb or guardrail, or when the center of gravity shifts dramatically, such as during sharp turns or evasive maneuvers.Vehicles with a higher center of gravity, such as SUVs, trucks, and vans, are more prone to rollovers, especially if they are overloaded or traveling at high speeds. Rollover accidents can result in serious injuries or fatalities, particularly if occupants are ejected from the vehicle or if the vehicle’s roof collapses. Factors such as excessive speed, alcohol or drug impairment, distracted driving, and adverse weather conditions can increase the risk of rollover accidents.

• Fender bender: A fender bender is a term used to describe a minor car accident that typically involves only slight damage to the vehicles involved. In a fender bender, the vehicles may sustain minor dents, scratches, or other cosmetic damage, but there is usually no significant structural damage or bodily injury. These accidents often occur at low speeds, such as in parking lots, driveways, or in stop-and-go traffic situations.Common causes of fender benders include following too closely, distracted driving, failure to yield, or misjudging the distance when maneuvering in tight spaces. While fender benders are generally considered minor incidents, they can still be inconvenient and may require repairs to the vehicles involved. It’s important for drivers to exchange insurance information and document the accident scene properly, even in cases of minor collisions.

• Accident caused by distracted driving: An accident caused by distracted driving occurs when a driver’s attention is diverted away from the task of operating their vehicle, leading to a collision. Distracted driving can take many forms, including:
  
  • Texting or using a smartphone while driving
  • Talking on the phone, whether handheld or hands-free
  • Eating or drinking
  • Adjusting the radio or music playlist
  • Interacting with passengers
  • Grooming or applying makeup
  • Reading maps or using GPS navigation systems
  • Daydreaming or being lost in thought

When a driver engages in these activities while driving, their ability to focus on the road, react to hazards, and maintain control of the vehicle is compromised. As a result, distracted driving significantly increases the risk of accidents, injuries, and fatalities on the road. It’s essential for drivers to prioritize their attention and avoid distractions while driving to ensure the safety of themselves, their passengers, and other road users.

• Accident caused by drunk driving: An accident caused by drunk driving occurs when a person operates a vehicle under the influence of alcohol, leading to a collision. Alcohol impairs a driver’s ability to safely operate a vehicle by affecting their coordination, reaction time, judgment, and perception. As a result, drunk driving significantly increases the risk of accidents, injuries, and fatalities on the road.
• Accident caused by speeding: Accidents caused by speeding occur when a driver exceeds the posted speed limit or travels too fast for the road conditions, resulting in a collision. Speeding reduces the driver’s ability to react to hazards, increases stopping distances, and magnifies the force of impact in the event of a collision.Speeding drivers may struggle to control their vehicles, especially when navigating curves, intersections, or adverse weather conditions. They may also have difficulty judging the speed and distance of other vehicles, leading to unsafe lane changes or sudden maneuvers that can result in accidents.

• Accident caused by faulty signaling: An accident caused by faulty signaling occurs when a driver fails to use turn signals or uses them incorrectly, leading to a collision. Turn signals are essential communication tools that indicate a driver’s intention to change lanes, make a turn, or merge into traffic. When drivers neglect to use their turn signals or provide inaccurate signals, it can create confusion for other road users and increase the risk of accidents.
• Accident caused by mechanical failure: An accident caused by mechanical failure occurs when a vehicle’s components malfunction or fail to operate properly, leading to a collision. Mechanical failures can encompass a wide range of issues, including problems with the vehicle’s brakes, steering, tires, suspension, engine, or transmission. When these critical systems fail while a vehicle is in motion, it can impair the driver’s ability to control the vehicle and respond to hazards on the road, increasing the risk of accidents.
• Accident caused by adverse weather conditions: An accident caused by adverse weather conditions occurs when hazardous weather such as rain, snow, ice, fog, or strong winds contributes to a collision. Adverse weather conditions can reduce visibility, decrease traction, and create slippery or unpredictable road surfaces, making driving more challenging and increasing the risk of accidents.
  
  Accidents caused by adverse weather conditions often require drivers to adjust their driving behavior and techniques to navigate safely. This may include reducing speed, increasing following distances, using headlights and windshield wipers, and avoiding sudden maneuvers or abrupt braking. Additionally, drivers should stay informed about weather forecasts and road conditions before embarking on their journeys, allowing them to plan routes and travel times accordingly to minimize the risk of accidents.
• Accident caused by misjudgment: An accident caused by misjudgment occurs when a driver makes an error in assessing a situation or misinterprets the actions of other road users, leading to a collision. Misjudgment can involve a wide range of factors, including misjudging the speed or distance of other vehicles, incorrectly predicting the actions of pedestrians or cyclists, or failing to anticipate changes in road conditions or traffic patterns.
• Parking lot accident: A parking lot accident is a type of car accident that occurs in parking lots or parking structures. These accidents can involve collisions between vehicles, as well as collisions with stationary objects such as light poles, shopping carts, or curbs. Parking lot accidents often happen at low speeds, but they can still result in property damage and, in some cases, injuries to occupants of the vehicles involved.

What are the Different Types of Car Accidents that a Texas Injury Attorney Can Help with? 

Common causes of car accidents include:

• Distracted driving: This includes activities such as texting, talking on the phone, eating, or adjusting the radio while driving.
• Speeding: Driving above the speed limit or too fast for road conditions reduces reaction time and increases the severity of accidents.
• Drunk driving: Operating a vehicle under the influence of alcohol or drugs impairs judgment, coordination, and reaction time.
• Reckless driving: This includes behaviors such as aggressive driving, weaving in and out of traffic, and ignoring traffic laws.
• Weather conditions: Rain, snow, ice, fog, and other adverse weather conditions can reduce visibility and traction, leading to accidents.
• Running red lights or stop signs: Failing to obey traffic signals and signs can result in collisions at intersections.
• Tailgating: Following other vehicles too closely reduces the time available to react to sudden stops or changes in traffic.
• Drowsy driving: Fatigue can impair a driver’s ability to stay focused and react quickly to hazards on the road.
• Poor road conditions: Potholes, uneven surfaces, and debris on the road can contribute to accidents.
• Vehicle defects: Malfunctions in brakes, tires, steering, or other vehicle components can lead to loss of control and accidents.

These are just a few examples, and there are many other factors that can contribute to car accidents.

The list could go on but you get the point. You have injuries and you need to make sure you get proper representation so that you don’t end up on the short end of the stick. Our team of attorneys at the Law Offices of David S. Kohm know the value of your accident injuries and will combat the insurance companies to achieve the highest settlement possible that meets your needs. Contact us today before you speak to an insurance adjuster.

What to Do After a Texas Car Accident?

Our team of auto collision attorneys at the Law Offices of David Kohm has dealt with numerous car accident claims, totaling in the thousands. We are well-versed in the immediate actions you can take following a crash that may bolster your chances of obtaining compensation successfully. Equally, we are acquainted with the common errors that can hinder your ability to secure compensation.

To enhance your likelihood of achieving a financial recovery after a crash, we advise:

• Check for injuries: First and foremost, check yourself, passengers, and anyone else involved in the accident for injuries. If anyone is injured, call 911 immediately to request medical assistance.
• Move to a safe location: If possible, move vehicles out of traffic to prevent further accidents or injuries. Turn on hazard lights to alert other drivers to the accident scene.
• Call the police: Regardless of the severity of the accident, it’s important to report it to law enforcement. Call 911 to notify the police and request an officer to come to the scene. The police will document the accident and create an official report, which may be necessary for insurance claims and legal proceedings.
• Exchange information: Exchange contact and insurance information with the other driver(s) involved in the accident. Gather details such as names, phone numbers, addresses, driver’s license numbers, vehicle registration numbers, and insurance policy information.
• Document the accident: Take photos of the accident scene, including vehicle damage, road conditions, skid marks, and any visible injuries. This documentation can be valuable evidence for insurance claims and legal purposes.
• Report the accident to your insurance company: Contact your insurance company as soon as possible to report the accident and initiate the claims process. Provide them with accurate and detailed information about the accident, including the other driver’s information and the police report number if available.
• Seek medical attention: Even if you don’t initially feel injured, it’s important to seek medical attention promptly after an accident. Some injuries may not be immediately apparent, and getting evaluated by a healthcare professional can ensure that you receive appropriate treatment.
• Follow up: Follow any instructions provided by law enforcement, medical professionals, or your insurance company. Keep track of medical records, repair estimates, and other documentation related to the accident.
• Consider legal representation: If you’re facing significant injuries, property damage, or disputes with insurance companies, you may want to consult with a personal injury attorney who specializes in car accidents to protect your rights and pursue compensation.
• Stay calm and cooperative: Remain calm and cooperative throughout the accident aftermath. Avoid admitting fault or making accusations, and refrain from engaging in arguments or confrontations with other parties involved in the accident.

What are the Different Types of Evidence After a Car Accident?

There are several types of evidence that can be crucial in an auto accident case, and obtaining this evidence can greatly strengthen your claim. During our independent investigation of what led to your injuries, we will focus on gathering evidence, including:

• Witness statements: Eyewitness accounts of the accident can provide valuable information about what happened. To obtain witness statements, you can speak to individuals who witnessed the accident at the scene and ask them to provide their contact information. It’s essential to gather this information as soon as possible while the details of the accident are fresh in their minds.
• Police reports: Police reports contain official documentation of the accident, including details such as the date, time, location, and parties involved. To obtain a copy of the police report, you can contact the law enforcement agency that responded to the accident and request a copy. In some cases, the report may be available online or through the agency’s records department.
• Photographs and videos: Visual evidence of the accident scene, vehicle damage, road conditions, and any contributing factors can be compelling in demonstrating the circumstances of the accident. Take photographs and videos of the scene, vehicles involved, skid marks, traffic signals, and any other relevant details as soon as possible after the accident. Additionally, you can request surveillance footage from nearby businesses or traffic cameras if available.
• Medical records and bills: Documentation of any injuries sustained in the accident, medical treatment received, and related expenses is crucial for proving damages in a personal injury claim. Obtain copies of medical records, diagnostic tests, treatment plans, and bills from healthcare providers involved in your care. Keep all documentation organized and readily accessible for your attorney and insurance company.
• Vehicle damage estimates: Obtaining estimates or invoices for repairing the damage to your vehicle can provide evidence of the extent of property damage caused by the accident. Visit reputable auto repair shops or obtain quotes from mechanics to document the cost of repairs.
• Black box data: Many newer vehicles are equipped with event data recorders (EDRs), commonly referred to as black boxes, which capture data such as vehicle speed, acceleration, braking, and other vehicle parameters leading up to and during an accident. If your vehicle is equipped with an EDR, consult with an expert to extract and analyze the data for use in your case.
• Expert opinions: In complex cases or disputes over liability, expert opinions from accident reconstruction specialists, engineers, medical professionals, or other experts may be necessary to provide insights and testimony about the cause of the accident, the extent of injuries, or other relevant factors. Your attorney can help identify and retain qualified experts to support your case.

In the days or weeks following your accident, we can gather a significant amount of information. However, our ability to do so is limited until we initiate a personal injury lawsuit. Once the lawsuit is filed, we can fully engage in the discovery process, enabling us to request specific information and documentation from the other party through document requests and interrogatories. This often yields substantial evidence that we can use to establish fault and liability on the part of the other party.

It’s important to note that fault and liability may not always rest with the same party in your case. While the at-fault party is the one responsible for causing the accident, the liable party is the one legally obligated to compensate you for your injuries. In many cases, particularly when the at-fault driver is an employee on duty, the liable party may be the driver’s employer. This distinction is common in cases where the employer assumes responsibility for the actions of its employees during work-related activities.

What are the Types of Damages You Can Recover After an Auto Accident?

If you’ve been injured in a car accident, it’s advisable to consult with an attorney regarding pursuing a settlement. While filing a car accident lawsuit in Texas may be an option, most cases are resolved through insurance settlements rather than going to trial. Texas drivers are mandated by law to carry insurance that provides coverage for bodily injuries and property damage. Ideally, the insurance system should function accordingly, resulting in an insurance payout from the responsible party’s insurer that covers both economic and non-economic damages.

At the Law Offices of David Kohm, our car accident attorneys possess extensive experience in negotiating insurance settlements. We meticulously assess your situation to determine the appropriate value for your damages, which may include:

• Medical expenses: Compensation for medical bills related to injuries sustained in the accident, including hospital stays, surgeries, medications, rehabilitation, and future medical treatment.
• Lost wages: Reimbursement for income lost due to time missed from work as a result of injuries sustained in the accident, including wages, bonuses, and other employment benefits.
• Pain and suffering: Compensation for physical pain, emotional distress, and mental anguish experienced as a result of the accident and injuries.
• Property damage: Reimbursement for repairs to or replacement of your vehicle and other personal property damaged in the accident.
• Loss of earning capacity: Compensation for reduced earning potential or the inability to work in the same capacity as before the accident due to permanent injuries or disabilities.
• Loss of consortium: Compensation for the loss of companionship, support, and services of a spouse or family member who was injured or killed in the accident.
• Wrongful death: Compensation for the loss of a loved one’s life in a fatal car accident, including funeral expenses, lost financial support, and emotional trauma for surviving family members.

The specific damages available in your case will depend on factors such as the severity of your injuries, the impact on your life and livelihood, and the circumstances of the accident. A skilled car accident lawyer can assess your case, gather evidence, and advocate on your behalf to pursue the maximum compensation available for your damages.

How We Help You Recover Property Damage from Your Auto Accident?

Our team of  car accident lawyers can help you recover property damage by advocating on your behalf and guiding you through the process of filing a property damage claim with the insurance company. Here’s how our car accident lawyers can assist you in recovering property damage:

• Assessment of property damage: A car accident lawyer will review the details of your case and assess the extent of property damage to your vehicle. They will gather evidence, such as photographs of the damage, repair estimates, and any other relevant documentation, to support your claim.
• Negotiation with insurance companies: Insurance companies may attempt to undervalue or deny property damage claims in an effort to minimize their payouts. A car accident lawyer will negotiate with the insurance company on your behalf to ensure that you receive fair compensation for the repair or replacement of your vehicle.
• Representation in property damage disputes: If there is a dispute with the insurance company regarding the value of your property damage claim or the extent of coverage provided under your policy, a car accident lawyer can represent you in negotiations or arbitration proceedings to resolve the dispute.
• Coordination of repairs: A car accident lawyer can assist you in coordinating repairs to your vehicle by connecting you with reputable auto repair shops and ensuring that the necessary repairs are completed in a timely manner. They can also help you obtain rental car coverage if your vehicle is inoperable while undergoing repairs.
• Maximizing compensation: In addition to recovering the cost of repairing or replacing your vehicle, a car accident lawyer will work to maximize your compensation by pursuing reimbursement for other property damage-related expenses, such as towing fees, storage costs, and diminished value of your vehicle.

Overall, a car accident lawyer can provide valuable assistance and representation throughout the process of recovering property damage, helping you navigate insurance claims, negotiate with insurers, and ensure that you receive fair compensation for the damage to your vehicle.

How can We Help You Get a Rental Car After an Auto Accident?

A Texas car accident lawyer can help you get a rental car after an auto accident by taking the following steps:

• Assessment of your situation: Your lawyer will review the details of your car accident case to determine if you are entitled to rental car coverage under your insurance policy or through the at-fault party’s insurance.
• Review of insurance coverage: Your lawyer will carefully review your insurance policy to determine if you have coverage for rental car expenses. This may include coverage for rental reimbursement or coverage for transportation expenses under your auto insurance policy.
• Communication with insurance companies: Your lawyer will communicate with the insurance companies involved in your case to advocate for your right to a rental car. They will provide the necessary documentation, such as the police report, repair estimates, and proof of rental car coverage, to support your claim for a rental car.
• Negotiation for rental car coverage: If the insurance company initially denies your request for a rental car or offers inadequate coverage, your lawyer will negotiate on your behalf to secure the rental car coverage you are entitled to under your policy.
• Arrangement of rental car services: Once rental car coverage is approved, your lawyer can assist you in arranging for a rental car through a reputable rental car agency. They can help you navigate the rental process and ensure that you receive a suitable replacement vehicle while your car is being repaired.
• Monitoring of rental car expenses: Your lawyer will keep track of your rental car expenses and ensure that they are properly documented for reimbursement by the insurance company. They will also advise you on any limitations or restrictions on rental car coverage under your policy.

Our team of Texas car accident lawyers can provide valuable assistance in securing a rental car after an auto accident by advocating for your rights, negotiating with insurance companies, and ensuring that you receive the rental car coverage you are entitled to under your policy.

What is the Texas Modified Comparative Negligence Rule?

If you’re injured in a car accident, it’s not uncommon for the other driver to allege that you were also at fault. Many car accident claims devolve into back-and-forth disputes. When faced with defensive claims of negligence in an accident that was clearly the other driver’s fault, it’s crucial to contact us immediately. Addressing this issue promptly and thoroughly is essential to minimize its impact on your potential compensation. Under Texas’ modified comparative negligence rule, you may still be eligible for compensation after a car accident if you were found to be less than 50 percent at fault. However, your financial recovery will be reduced proportionately by your percentage of fault. If a judge or jury determines that you were 51 percent or more at fault for the accident, you will not be eligible for compensation. It’s imperative to work with a car accident lawyer who can assist you in determining negligence in your car accident and combat false allegations of negligence on your part. 

How We Handle Fatal Car Accidents in Texas?

Our team of car accident lawyers possesses extensive experience in assisting surviving family members following fatal car accidents. We recognize the immense challenges families face during this difficult time. Losing a loved one unexpectedly brings profound sorrow, and coping with the absence of their companionship, financial support, and affection is daunting. Additionally, unforeseen expenses such as medical bills, funeral costs, and burial expenses can further burden you and your family.

We are committed to supporting you in holding the responsible party accountable and seeking the compensation necessary to address both your emotional suffering and financial losses.

When Should You Hire an Experienced Team of Car Accident Lawyers?

If you’ve experienced only property damage in a Texas car accident, handling the insurance claim independently may suffice. However, if you’ve sustained injuries or lost a loved one in a crash, it’s advisable to seek the assistance of an automobile accident attorney. When you or a family member has been injured or killed due to another driver’s negligence, an attorney can guide you through the process of pursuing an injury claim. This can be challenging to navigate alone, as you may be uncertain about who to communicate with, what to articulate, and how much compensation to pursue. Our team is well-equipped to handle these complexities and increase your chances of obtaining the compensation you deserve.

What is the Statute of Limitations for Car Accident Claims in Texas?

Each state imposes time limitations on filing various types of lawsuits. If you’ve sustained injuries in a car accident due to someone else’s negligence, you hold a personal injury claim. In Texas, you’re granted a two-year window to file such a lawsuit. Typically, the clock commences on the day of the accident. Therefore, seeking legal counsel promptly is crucial. While two years might appear ample, the investigation into the crash and the assessment of your injuries may take months. Moreover, insurers may employ delaying tactics to deplete your time.

If you’ve lost a loved one in a crash, the window for filing a wrongful death claim is also limited to two years. Given the challenges of coping without the income of a parent or spouse, it’s imperative to consult with a lawyer and pursue compensation at your earliest opportunity.

Hurt in a Car Accident? Contact the Law Offices of David Kohm for a Free Consultation

Our auto accident attorneys represent individuals and families throughout the Dallas-Fort Worth area with offices in fourteen different locations. We have offices in Dallas, Fort Worth, Arlington, Addison, Cedar Hill, Irving, Frisco, Plano, Denton, Grapevine, Keller, Lewisville and McKinney. We offer free case consultations, so there is no risk in scheduling a time to talk.

You can contact us online or call the Law Offices of David S. Kohm. Our initial consultation is free, and if you can’t come to us, we will go to your home or hospital.

Se habla ingles y español. Llame hoy a las officinas de David S. Kohm, Arlington y DFW abogados de accidentes con experiencia.