Top Dallas Car accident attorneys

When you are involved in a car wreck, it’s important to know what to do–as well as what not to do–both at the scene of the accident and in the days, weeks, and months following your accident. While you’re likely shaken up and preoccupied after a car accident, the following guidelines can help protect your legal rights after your accident and increase your chances of a favorable personal injury settlement for your car accident claim.

At the Accident Scene

• DO call the police after an accident–a responding officer’s police report is one of the most critical pieces of evidence when it comes to your car accident claim.
• DON’T move your car unless it is required by law or unsafe for others in its current location.
• DON’T say too much at the scene of the accident–even something as innocent as apologizing to the person in the other vehicle could be construed as admitting fault.
• DO take photographs of the scene of the accident, including the location of the vehicles after the accident, damage to each vehicle, and any hazardous road conditions that you see which may have contributed to your car wreck.

Here is a quick reference list of what to do if possible:

1. Use your cell phone’s camera. Use the video camera to record evidence from the scene. You should also take pictures of the damage to your vehicle, the driver, and the license plate. It’s not uncommon for negligent drivers to take off after an accident, and a photo can help identify him or her later. You should also take pictures of any cars stopped in the area, as they could be witnesses later.
2. Do not leave the scene of the accident. Move your vehicles out of traffic after a crash, but do not leave the scene until you have exchanged insurance information with the other driver. Make a note of his or her driver’s license number, insurance company name, and policy number, and name, address, and phone number.
3. Get information about witnesses. If there are witnesses to the accident, get their contact
   information, as well as their recollections of the accident while fresh in their minds.
4. Record your own memories of the crash. The sooner you make notes or a video about your
   memory of the accident, the more reliable your version becomes.
5. Seek medical treatment. Even if you believe you are uninjured, you should seek medical
   treatment after a crash. Injuries may not appear until several days after an accident.
6. Call your insurance company right away. Report your accident within a reasonable time. If you wait too long, you may be denied coverage.

After Your Accident

• DO seek immediate medical attention–seeking proper medical treatment is critical when it comes to pursuing a personal injury claim for your car accident.
• DO seek legal advice from a car accident lawyer immediately–one of the biggest factors of a successful personal injury claim is the representation of a competent personal injury attorney who has experience in handling car wreck cases.
• DON’T sign any paperwork from the insurance company without having an attorney review them first–it’s a pretty safe bet that any paperwork that an insurance company is asking you to sign isn’t for your benefit.
• DON’T get too comfortable with an insurance representative–remember that they’re on the insurance company’s side, not yours.
• DO start a medical journal to document doctor’s appointments, medical visits, and how you are feeling in the days after your injury.
• DO track time missed from work–you can be compensated from the income lost during this time.

After your car wreck, it is critical to obtain a copy of the car accident police report that was filled out by the officer that responded to the scene of the accident. A police report is often one of the most important pieces of evidence in a car wreck case.

How to Obtain a Police Report

Getting a copy of the police report for your car wreck is a relatively simple process. After your wreck, be sure to call the police to have someone come to the scene of the accident. The responding officer should give you a receipt that includes an identification number. To obtain your police report, you’ll just need to call the local police department and provide the number. If you weren’t given a receipt, or if you’ve misplaced the receipt, you can also get a copy of your police report by providing the date, time, and location of your car wreck. 

There may be a small fee required to obtain your report but don’t let that put you off–this document can be invaluable when it comes to proving fault in your car wreck and recovering the compensation  you deserve.

Why a Police Report is Critical to Your Claim

After a car wreck, the importance of a police report can’t be understated. The accident report is the “official” version of what happened during your accident, often stating who is to blame for the wreck, and is one of the key pieces of evidence that an insurance company relies on when determining fault and issuing compensation for your injuries. As such, a police report is one of the first things that an insurance company will look at to conduct its investigation of who was at fault in your car wreck. Without this document, a car accident claim will be incomplete, and can result in an offensively low settlement offer, or even an outright denial of your claim.

What Information does a Police Report Include?

A police report is filled out by the officer who responds to the scene of the accident, and provides a summary of the officer’s investigation of the accident. This report contains all of the relevant details about your car wreck, including:

• Date, time, and location of the wreck
• Name, addresses, and insurance information for the parties involved in the wreck
• Any traffic citations issued to the parties of the wreck
• Identifying information for any witnesses to the wreck
• The officer’s opinion as to who was at fault in causing the wreck

If you have been injured in a car wreck, a personal injury claim should be filed as soon as possible after the accident, since there is a limitation on the time you have to file a lawsuit.

A “statute of limitations” is a law which places a time limit on how long a person has to bring legal action against an at-fault party after an incident occurs. In Texas, the statute of limitations for personal injury claims—including car wrecks—is two years after the date of the accident. This means that if you are unable to resolve your car wreck claim, you must file a lawsuit within two years after the day that your car wreck occurred.

Exceptions to the Statute of Limitations

Although rare, there are exceptions to the two-year statute of limitations for car accident cases which can provide for an extension of time to file a lawsuit. These exceptions include the following:

• The accident involves a child. When the plaintiff in a car wreck case is under the age of 18, the statute of limitations is put on hold–otherwise known as “tolled”–until the child reaches the age of 18.
• You are mentally or physically impaired. In some cases involving serious injury, the plaintiff of a potential car wreck case may be so physically or mentally impaired that he or she is unable to bring a lawsuit within the two year timeframe. In these cases, the statute of limitations may be tolled until after the plaintiff is physically or mentally capable of filing a lawsuit.
• You learn of the other party’s fault after the fact. Another exception to the statute of frauds for car wreck cases is the “discovery rule,” in which the two-year statute of limitations begins only after a person becomes aware that the other party was at fault for the claim.

Whatever you do, don’t wait until the last minute to seek legal advice from a personal injury attorney regarding your car accident–although two years sounds like a long period of time, settlement negotiations can take a substantial amount of time. If you aren’t successful in settling your case with the insurance company, gathering the necessary evidence to frame a successful personal injury lawsuit can take even longer. Don’t find yourself at the end of your statute of limitations period without an attorney–seek help from a personal injury lawyer early on in order to secure the best chance of a successful outcome for your car wreck claim.

The Barber Law Firm can discuss your situation with you immediately, and if we agree to handle your case, we will work on a contingent fee basis, meaning we only get paid when we win your case. For a FREE consultation, contact our Dallas, TX auto accident attorneys at 972-231-5800, or fill out our online form.

One of the most common misconceptions about car wrecks is that it will be too expensive to hire an attorney to help you with your claim—after all, depending on the work performed, it can cost hundreds of dollars an hour for a lawyer’s help in a case. Whatever you do, don’t let the fear of not being able to afford an attorney keep you from seeking the legal representation that you need and deserve after your car wreck. Rather than charging an expensive hourly rate, The Barber Law Firm’s legal team works on a contingency basis, which means that we only get paid if we are successful in obtaining financial compensation for your car wreck. In other words, if you aren’t compensated after your car wreck, you don’t pay us a dime, so you have nothing to lose by retaining The Barber Law Firm to help you with your personal injury claim.

The first step of filing an insurance claim after your car wreck is to report the claim to the insurance company. If you were not at fault in your wreck, the accident should be reported to the at-fault party’s insurance provider. At this time, you’ll most likely be required to provide the insurance carrier with information about your accident, including how severely you were injured in the wreck and what medical treatments you have sought so far for your injuries.

After this, the insurance company will conduct its own independent investigation of your claim. During this stage, you will be asked to provide more information about your car wreck, such as photos of the scene of the accident, the responding officer’s accident report, and the names and contact information for any bystanders who witnessed the car accident. You may also be asked to submit to an independent medical examination by a doctor chosen by the insurance company.

After obtaining all the necessary information about your car wreck, the insurance company will calculate how much they believe the losses are worth and reach out with a settlement offer. At that time, you can either accept the settlement if you are satisfied with the offer, or decline the offer and submit a counteroffer if you are unsatisfied with the amount that the insurance company offers you to make you whole after your accident.

Whenever you are dealing with an insurance company–whether that of the at-fault party or your own car insurance company–it’s important to keep your guard up and not get too comfortable with the person you are speaking with. No matter who you are speaking to on the other end of the line, whether it be the other party’s insurance company or your own, when it comes to insurance companies, be sure to keep the following in mind:

• Your calls are probably being recorded. Whenever you speak to a representative from an insurance company, it’s a pretty safe bet that your call is being recorded from start to finish. Don’t fall for the old line that your call is being recorded “for quality assurance”–at the end of the day, your call is being recorded in hopes that you are going to slip up and say something that the insurance company can use against you in your car wreck claim.
• Never sign insurance documents without talking to an attorney first. After you are involved in a car wreck, an insurance company will probably send you a stack of forms to fill out and return to them. Before you put your pen to a single piece of paper, it’s critical to seek the guidance of an experienced personal injury lawyer to review these documents and ensure that you are not signing away your legal rights. Insurance companies are waiting for any opportunity to take advantage of you in order to strengthen their own case, and asking you to sign a mountain of forms with a load of incriminating fine print after a car wreck is one of their favorite tactics. If you are not familiar with the documents you are signing and what they mean, you can easily sign your rights away without even knowing it.
• Insurance companies aren’t on your side. Despite the slogans you hear on commercials, this is one of the most important things to keep in mind when you are dealing with an insurance company–even your own. Despite the indispensable role that an insurance company plays in compensating you or your losses, it is still a business, and the primary goal of any business is to protect its bottom line and to be as profitable as possible. When it comes to insurance companies, the easiest way for them to save money is to offer you as low of a settlement amount as possible after a car wreck. This means that the profits reaped by the insurance companies come at the expense of those who are injured.

Texas Insurance Requirements:

• All Texas drivers are required to carry minimum liability insurance coverage. Basic insurance coverage in Texas is 30/60/25. This means that the current minimum for liability limits is $30,000/each injured person, up to $60,000/accident and $25,000/accident for property damage.
• Texas law requires Personal Injury Protection (PIP) insurance to be offered, but a waiver can be signed declining the coverage. Insurance companies are required to offer $2,500 in PIP coverage but many companies will have options to add more to a policy.
• PIP covers medical expenses, 80% of lost wages and costs associated with hiring a caregiver for the injured person after an accident. PIP is a “no-fault” policy meaning that it covers your injury regardless of who was at fault for the accident.
• It is estimated that approximately 13% or 1.6 million Texas drivers are uninsured. Texas law requires Uninsured/Underinsured Motorist (UM/UIM) coverage to be offered, but a waiver can be signed declining the coverage.
• UM/UIM insurance protects you if you have been in an accident caused by someone without insurance, someone who doesn’t have enough insurance to cover bodily/property damage or a hit-and-run accident.
• Collision (for damage to your car) and Comprehensive (for damage other than collision) coverage is required if you still owe money on your vehicle.

In the majority of car accident claims, the parties involved in the wreck will never see the inside of a courtroom–most car accident claims are settled well before the case ever goes to trial. Sometimes, however, it’s impossible for both parties–along with their insurance companies–to agree on who was at fault in the wreck or to come to a reasonable settlement agreement. If this is the case, our experienced trial attorneys will not hesitate to bring your case to court to have a jury determine fault and a judge determine a fair compensation.

If you are a first-timer in a courtroom, simply knowing how the trial process works can ease some of the nervousness that might accompany a personal injury case.

• Jury selection: car accident trials usually include a jury who will decide the result of a case. During a process called “voir dire,” potential jurors in the jury pool are asked several questions that will weed out any jurors with opinions which could keep the juror from reaching a decision fairly and impartially.
• Opening statement: in this beginning stage of the trial, the Plaintiff’s attorney will present his or her side of the case and what the end result should be. The Defendant’s attorney will then have his or her turn to do the same.
• Presenting evidence: As the Plaintiff has the burden of proving his or her case in a car wreck trial, the Plaintiff’s attorney will show the judge and jury the evidence which he or she believes will show fault on behalf of the Defendant. The Defendant’s attorney can then show evidence which would refute the Plaintiff’s argument and show that the Defendant was innocent, or even that the Plaintiff was at fault in the car wreck. During this stage, witnesses such as bystanders to the accident or medical professionals are frequently called up to the front of the courtroom to testify on behalf of either party.
• Closing arguments: this stage of the trial allows each party’s attorney to once again state his or her position of the case and attempt to persuade the jury to come to a certain conclusion about the case.
• Deliberation: once the parties’ attorneys have pled their respective cases, the jury will be taken into a different room to come to a conclusion about the case in private.
• Verdict: after the jury has deliberated the case, the jury will be called back into the courtroom and a designated person of the jury will read the jury’s decision about fault in the case–otherwise known as the “verdict”–to the parties.

If your car accident case goes to trial, the jury’s verdict may not be the end of your case. Once a verdict is reached, it’s a pretty safe bet that the losing party–whether it be the Defendant or yourself–will be dissatisfied with how the case ended. In some cases, the losing party may file an appeal, which requests that a higher court amend or reverse the decision that was entered in your case.

If your car accident case goes to trial, it will likely be heard in a state district court. An appeal, however, is heard in an appellate court. During an appeal, the parties once again return to the courtroom, where the losing party’s attorney argues that the jury decided the case incorrectly. If an appeal is granted, your car wreck case will be sent back to the state trial court, and the entire case will be tried again by a different jury.

In rare instances, a party who loses at both the trial and appellate level may appeal once again to the Texas Supreme Court, which is the highest court in the state. The Supreme Court does not have to take on the case; rather, car wreck cases are generally only heard by the Texas Supreme Court if there is a unique issue in the case.

The appeals process is not a quick one by any means–if your car accident case is appealed, it can take months–or even years–for the appeal to be heard.

Drivers and passengers are often injured as a result of motor vehicle crashes every day on Texas roads and highways. Being a safe driver is not always enough since we share the road with so many other drivers. Unfortunately, about 20 percent of Texas drivers do not have auto insurance. Therefore, having Uninsured/Underinsured Motorist (UM/UIM) coverage and Personal Injury Protection (PIP) is extremely important.

According to data compiled in March 2023 by the Texas Department of Transportation, there were a total of 555,229 crashed in 2022. Unfortunately, there was not a day in 2022 that did not experience a traffic fatality on Texas roadways. According to TXDOT and the 2023 reportable automobile crashes, the following statistics are dreadful:

• Every 1 hour and 57 minutes, 1 person was killed
• Every 2 minute and 9 seconds, 1 person was injured
• Every 57 seconds, 1 reportable crash took place
• A total of 244,092 individuals were reportedly injured

According to the Texas Department of Transportation, some of the most common contributing factors to motor vehicle accidents:

• Cell/mobile device usage
• Disregarding stop or yield indicators at intersections
• Not yielding to pedestrians
• Distraction inside the vehicle
• Driver inattention
• Under the influence of drugs or alcohol
• Speeding, traveling at an unsafe speed or failure to control speed
• Distracted Driving
• Texting and Driving

Texas Lawyer Kristopher Barber represents victims and their families who have suffered a death or sustained injuries as a result of someone else’s negligence due to distracted driving. Many times, victims will suffer pain and suffering, lost wages and medical bills caused by a distracted driving accident.

There are 3 types of distracted driving.

• Visual – taking eyes off the road
• Manual – taking hands off the wheel
• Cognitive – taking focus off of driving, i.e. lost in thought, mind wanders

Every year in America about 421,000 people are injured in motor vehicle accidents (MVA) that involve a driver who is distracted.  In Texas, there were 455 people killed in motor vehicle crashes involving distracted driving in 2016. There are many examples of distracted driver that you may not have considered.

• Talking on a cell phone
• Texting
• Eating or drinking
• Grooming
• GPS or navigation usage
• Adjusting radio or other vehicle controls
• Talking to passengers
• Passenger distractions
• Pets
• Reading
• Watching videos
• Fatigue
• Smoking
• Reaching for a devise or object in the car, purse, wallet or briefcase
• Outside person or event

There are ways to limit and prevent distracted driving.

• Do not talk or text while driving
• Limit the use of radio and navigation
• Limit the volume and activity of passengers
• Limit the number of passengers in your vehicle
• Limit the use of Bluetooth and voice commands
• Organize yourself before you begin driving
• Groom and eat before or after driving
• Pull off the road if something needs your full attention
• Pull off the road if drowsy, fatigued or upset

If you have been injured in an accident where the driver was distracted, contact the police and seek medical treatment for your injuries immediately.  It is also very important that you seek legal counsel in order to protect your legal rights. The Barber Law Firm is available for a free case evaluation for distracted driving cases.  Lawsuits must be filed within a certain amount of time from the date of accident, so if you intend to pursue legal advice or a claim, contact a Texas distracted driving attorney. Click here for a free consultation from our experienced injury attorneys in the Dallas, TX area to ensure that you do not waive your right to possible compensation.

Texas injury attorney Kristopher Barber represents motor vehicle accident victims and their families who have been injured or even suffered the loss of a family member due an accident caused by texting and driving.  These types of accidents can cause serious injuries, pain and suffering, lost wages and medical bills.

Texting and driving is the act of composing, sending and/or reading text messages, emails or similar use of the internet on a mobile device.  This can result in fines, accidents, injuries, death and even a rise in auto insurance rates. A total of more than 330,000 individuals suffered injuries caused by texting and driving in Texas and around the country.

There are 3 types of distracted driving: visual, manual and cognitive.  Texting and driving involves all three! Texting and driving requires you to take your eyes off the road, take your hand(s) off the wheel and takes your focus off of driving.  This trifecta of distracted driving is extremely dangerous and causes thousands of auto crashes, injuries and deaths each year in Texas. Each year, more than 400,000 people are injured in crashes that involved distracted driving in Texas and around the country.

Prevent texting and driving:

• Download an app to block your phone while driving
• Turn your phone off
• Put your phone out of reach while driving
• Pull off the road if you need to report an emergency

On September 1, 2017, Texas became the 47th state to enact a ban on texting while driving.  House Bill 62 prevents drivers from reading, writing or sending an electronic message while their car is moving.

According to the HB 62 Analysis, “Distracted driving continues to be a significant factor in property damage, injury and death on this state’s (Texas) roads and highways.”  The analysis stated that 40% of drivers between the ages of 19 and 39 say they text while driving. Drivers who text will on average take their attention off the road for 4.6 seconds out of a six second period of time. This is the same as driving 55 mph for the length of a football field.  Additionally, according to Executive Director of the Texas Department of Transportation James Bass, 455 people were killed and more than 3000 were seriously injured last year as a result of distracted driving.

What Texas Drivers Need to Know:

• Drivers cannot read, write or send an electronic message while operating a vehicle, unless the vehicle is stopped, such as at a red light or stop sign.
• Drivers under the age of 18 are not permitted to use any wireless communication device while driving.
• School bus drivers carrying minor passengers are prohibited from speaking on a cell phone or texting while driving. All bus drivers are banned from texting while driving.
• Drivers are prohibited from talking on a cell phone or texting while in a school zone.
• Drivers may still talk on a cell phone if they are using a “hands-free device”.
• Drivers may use a cell phone for GPS and music.
• Drivers may use a wireless communication device to report illegal activity, car accident or an emergency.
• At this time, cities are still able to pass and enforce hands-free laws within their city limits.

Currently over 95 Texas cities already have some type of hands-free ordinance in place.  At least 45 of them have ordinances that are stricter than those set forth by HB 62. Argyle, Austin, Bedford, Denton, Floresville, Hill Country Village, Hurst, Lake Dallas, Little Elm, Midlothian, New Branfels, San Antonio, San Marcos, Watauga and Wichita Falls are among that group.

Failure to comply with the new state-wide ban could lead to a misdemeanor charge with a fine of $25 to $99, and repeat offenders can be charged up to a $200 fine.  If an accident is caused by texting while driving and it results in a death or serious injury of another person, the driver can be charged with a Class A misdemeanor which comes with a fine up to $4,000 and up to a 12-month jail term.

If you have been injured in an accident due to distracted driver texting while driving, you should speak with an attorney.  Click here for a free consultation from our experienced injury attorneys in the Dallas, TX area to ensure that you do not waive your right to possible compensation.

When choosing an attorney or a firm to represent your case there are a few questions you should ask them before deciding that they are the right fit for you.

• What types of cases does your firm usually represent? – There are many different areas of law practice and even within personal injury, there are many different types of personal injury cases. It’s vital to make sure that the firm you entrust to handle your case has successfully handled many similar cases before. The more specialized the firm you work with is, the more likely they are to obtain excellent results for you.

• Do I stand to gain more working with your firm than I would if I were to go it alone? – In the majority of cases, insurance companies will offer much higher settlements to victims with legal representation than to those without. In some situations, however, the value of your total damages may be very low and after paying a portion of that to your attorney, you may come out with less money than you would have without representation. Test the integrity of the firm you are thinking of working with by asking this question. A firm that truly has your interests in mind will advise you both when you’re better off working with them, and when you would stand to gain more going it alone, even if this means less money for them.

• What kind of results have you obtained for previous clients with cases similar to mine? – While no attorney should tell you what your case is worth before conducting a thorough investigation, they should be able to give you examples of the results of other accident cases they have handled that might be similar to yours. A capable and experienced firm should have plenty of positive past results that can give you an idea, both of what you might expect for your own case, and of the negotiating abilities of the attorneys.

At The Barber Law Firm, we focus only on personal injury law and that narrow focus has allowed us to help hundreds of Texans to obtain full compensation for their financial, and non-financial losses following a car accident. Our experience and integrity mean that we will be straight with you right from the beginning. If we can help you, we will do everything in our power to passionately pursue justice on your behalf. If we examine your circumstances and realize that you stand to gain more without our representation, we will be 100% transparent with you about that, and give you legal advice that will help you to make a success of your case.