auto accident attorney dallas

Subrogation is a legal term that refers to an insurance company’s ability to seek reimbursement from a third party for the money it paid out on a claim. Specifically, it is the ability of an insurance company to seek reimbursement from the party responsible for the accident that resulted in the claim.

Sometimes a person has to make an insurance claim through their own insurance company even when they weren’t at fault for the accident. The insurance company will pay out on their insured’s claim, but ideally it is the person who is actually at fault for the accident that should be paying for the damages. That’s where the concept of subrogation comes in.

It is the insurance company’s legal right to recover the money they’ve paid out by pursuing a claim against the at-fault party, which typically means pursuing the claim through the at-fault party’s insurance company.

Here’s an example of how subrogation works. John Smith is out driving his car when he is rear-ended by another car (driven by Allan) through no fault of his own. Allan’s insurance company is taking a very long time to process John’s claim.

In the mean time, John needs his car repaired so he can get to work every day. He decides to use his own insurance company to get the money he needs to fix his car. Because John was not responsible for the accident, John’s insurance company can seek reimbursement for the payment from Allan’s insurance company.

Subrogation can come into play in personal injury lawsuits as well. Subrogation allows the insurance company to “step into the shoes” of the person with the legal claim (the plaintiff) to seek reimbursement for money it has paid out to cover the plaintiff’s losses.

For example, suppose that Allan did not have car insurance, so John had to take him to court in order to get financial compensation for the accident. John files a personal injury lawsuit against Allan, and John wins the case. John’s insurance company, which had paid to fix John’s car, has a right to part of the money John was awarded.

If you have been injured in a car accident, Fears | Nachawati can handle the insurance claims process on your behalf, including any issues related to subrogation. We are a team of Texas personal injury lawyers, and we provide car accident victims with free legal assistance. To contact Fears | Nachawati, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

 

A number of new traffic-related laws recently passed by the Texas state legislature will be going into effect on September 1st. Many of these laws are aimed directly at reducing the number of car accidents and accident-related fatalities on Texas roadways.

 

Here are some highlights from the list released by the Texas Department of Public Safety:

 

HB 537: More than half of all people killed in car accidents in Texas in 2008 were not wearing seatbelts at the time. Texas lawmakers hope to reduce this number by requiring all occupants of a vehicle to be secured by a safety belt, regardless of where they are sitting.

 

SB 61: Also addressing restraint usage, this law requires that all children younger than 8 (unless they are at least 4’9”) be restrained in an approved child safety seat.

 

HB 55: Driver inattention was doubtless a factor in many of the 60,000+ serious injury accidents in Texas in 2008. To help protect children, and to keep driver attention on the road, HB 55 prohibits the use of wireless communication devices in a school zone unless the car is stopped or a hands-free device is being used.

HB 2730: In 2008, 975 people were killed in Texas in car accidents involving a drunk driver. Lawmakers are cracking down on drunk drivers with this law that ups the penalty for driving while intoxicated with a child passenger. Under HB 2730, first-time offenders will automatically have their license suspended, with increased suspension periods for repeat offenders.

Click here to read more about these and the other traffic laws to take effect on September 1st.

 

Fears | Nachawati is a Texas personal injury law firm that represents victims of car accidents. Email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

 

You’ve been in a car accident, and your vehicle was damaged so you make an insurance claim. Now the insurance company has one of two choices: they can either pay for the necessary repairs to your car or they can “total” it.

 

The phrase “totaled” conjures up images of a car smashed up beyond recognition, a car that is completely beyond repair. However, in insurance lingo “totaled” doesn’t mean what it sounds like. Rather, a car is “totaled” if the cost of repairing the car exceeds the value of the car.

 

What you will receive for your “totaled” car is its “actual cash value.” Actual cash value is defined as the cost of replacing your car with a car of similar make and quality in Texas, with some deductions made for your current car’s wear and tear.

 

In some cases, a car accident victim will disagree with the insurance company that their car is totaled. The victim may want to keep their car and pay for the repairs. You do have this right.

The process of reclaiming your totaled car works like this: the insurance company will pay you the actual cash value of your car. However, the insurance company will deduct the amount they would have gotten for your car at a salvage yard. If you want to go this route, it’s important that you inform your insurance company right away before your car is sent off to an auction at a salvage yard.

If you have been involved in a car accident, it is wise to seek the advice of a Texas car accident attorney before accepting any offer from an insurance company. The insurance company’s goal is to pay you as little as possible for the damage to your car. A car accident lawyer can help ensure that you get a fair settlement.

For free legal advice on car accident insurance claims as well as personal injury claims arising from car accidents, contact Fears | Nachawati today. Simply email us at info@fnlawfirm.com or call us on our toll-free hotline at 1.866.705.7584.

 

The most central aspect of any Texas personal injury lawsuit is proving that the other party caused the accident that resulted in your injuries. When providing you with free legal advice, one of the first things an attorney will do is determine who was at fault for the car accident.

 

In many cases, it is quite clear which party was at fault. For instance, your vehicle may have been struck by a driver who ran a red light or a drunk driver traveling the wrong way on the interstate. Other times, the cause of the accident is less obvious, and the injured party can benefit greatly from the assistance of a personal injury lawyer in protecting their rights.

 

As you know, there are nearly countless factors that can contribute to a car accident. Your Texas personal injury lawyer will evaluate all of the factors that potentially played a role in your car accident. Your attorney’s ability to make an accurate evaluation of your case depends largely on the amount of information and documentation you are able to provide.

 

These are some of the factors your personal injury attorney will consider to help determine who was at fault for the car accident:

 

  • Common knowledge of driving rules
  • Violations of the law committed by the drivers involved in the accident
  • Whether the duties of the road were followed: lookout, avoidance and obeying driving rules
  • Whether alcohol or drugs were involved in the accident
  • Failing to account for road conditions and/or bad weather
  • Witness statements
  • Police reports
  • Your account of the accident
  • Photos taken at the accident scene

Most of the time the party responsible for the accident will be shown to have acted negligently.  Negligence means that the driver failed to act with the care that a reasonable person would have exercised under the same circumstances. If you can prove that the other party was negligent, then you are well on your way to a strong Texas personal injury claim.

 

Remember, even if the car accident was partly your fault, you may still be able to recover some damages for your injuries. See our post on comparative responsibility here for more information.

 

To receive free legal advice from an experienced Texas personal injury lawyer, contact Fears | Nachawati today. You will speak directly with a personal injury attorney who will review your case to make an initial determination of fault. To receive your free consultation, email us at info@fnlawfirm.com or call our toll-free helpline at 1.866.705.7584.

 

Official are taking action after a recent rash of wrong-way car accidents on the Dallas North Tollway have left four dead and several others critically injured.

Steps are being taken to warn drivers who are headed the wrong way on an exit ramp. One such step is placing reflective buttons, which are laid out in the shape of arrows, on the lanes of each of the tollway’s 47 exits. The arrows will glow red if a driver is driving the wrong way on the ramp.

In addition, 25 new warning signs have been posted that state “wrong way” or “do not enter,” which ups the total of warning signs to 215.

These actions come in response to the five wrong-way car accidents that have taken place on the Dallas Tollway this year. By contrast, there were only three fatal accidents out of 28 in 2003 to 2008.

Other approaches, such as low-hanging warning signs and electronic billboards to alert other drivers to a wrong-way driver, are being considered.

For more on the NTTA’s plan for reducing the number of Dallas car accidents, click here to read the complete article.

Fears | Nachawati can help car accident victims receive the compensation they deserve. Contact us today for a free consultation with one of our Texas personal injury lawyers, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

 

 

Dallas auto accidents create the need for people to seek legal help from an injury lawyer. Being in an accident also presents the accident victims with an unfamiliar scenario that is complicated by the shock of being in an accident.  Here is some general legal help when it comes to what YOU should do if involved in an auto accident in Dallas. 

1.  Call the Dallas police who usually will not come out unless someone is injured;

2.  If you are injured, let the Dallas dispatcher know that to ensure you receive appropriate medical care;

3.  Obtain the driver's license and insurance information and license plate of the at-fault driver;

4.  Try to take pictures of the accident scene from your phone for evidentiary purposes;

5.  Do not refuse to go to the hospital, as you need to go if you are hurt;

6.  Hold off on giving any statement to your insurance or the other party's insurance until you are fully legally informed as to your personal injury rights under Texas Law.

One of our lawyers would be happy to provide a free consultation to let you know exactly what your rights are over the phone or in person. 

To get legal help from a Fears | Nachawati Lawyer, call us at 1.866.705.7584 or email at mn@fnlawfirm.com.

Our lawyers would be happy to help you out with your injury claim.

 

 

A five-car accident shut down both sides of the Dallas North Tollway for nearly three hours on Wednesday morning. Thousands of motorists in rush hour traffic spent hours stuck on the tollway.

The chain of events leading to the five accidents began when a Mustang traveling in a northbound lane struck the front end of a truck. The truck then skidded across four lanes of traffic before landing in a median. The truck’s collision with the median forced a concrete block into the southbound lanes of the tollway.

A second truck, which was traveling in the southbound lanes, struck the concrete block.

The first truck was hauling a generator on a trailer. A car, the fourth vehicle involved in the accident, was traveling in the northbound lanes and hit the trailer which was sitting in the path of traffic.  The fifth car to be involved in the accident was a Volkswagen Jetta that also struck the piece of concrete.

Amazingly, no one was seriously injured.

To read more on this Dallas, Texas, car accident, click here for the full story.

Fears | Nachawati is a Texas law firm that represents victims of car accidents in personal injury lawsuits. For a free consultation from a Texas personal injury lawyer, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

Troopers were warned of a wrong-way driver on the Dallas North Tollway before an accident occurred which injured four, says the Texas Department of Public Safety. Ryan Matthew, 27, was speeding and driving south in the northbound lanes all the way from Frisco to Dallas, say authorities.

The accident took place on Sunday, June 21st near the Frankford Road exit. Matthew was driving the wrong way on the tollway for nearly seven minutes and ten miles.

Several callers alerted the authorities to Matthew’s out-of-control driving. DPS, however, says they were unable to stop Matthew, even after positioning a police vehicle in front of him. Matthew, says Lonny Haschel with DPS, simply swerved around the trooper’s vehicle and continued driving.

Eventually Matthew crashed into a vehicle, injuring the two 23-year-old women inside. Both women were taken to Parkland Memorial Hospital for treatment.  Matthew has not yet been charged with any crime.

For the full story on this Dallas, Texas, car accident, click here.

Have you or loved one been injured in a car accident? Fears | Nachawati will provide you with a free, no obligation legal consultation. Simply email us at info@fnlawfirm.com or call us on our toll-free hotline at 1.866.705.7584.

A driver going the wrong way on the Dallas North Tollway caused a head-on collision late Monday, June 1st. The collision killed two people.

The driver of the vehicle who caused the accident was 28-year-old Jenny Hall of Dallas, Texas. Hall was driving the wrong way for more than four miles before the accident occurred.

 

The driver of the vehicle struck by Hall was 25-year-old Carl Lotspeich of Addison, Texas. The impact, according to media reports, caused a fire and an explosion. Both Hall and Lotspeich were killed in the collision. There were no passengers in either vehicle.  A third car smashed into a wall while trying to avoid Hall’s vehicle.

 

Police suspect that Hall may have been under the influence of alcohol at the time of the accident. Department of Public Safety Sgt. Robert Bernard cites the presence of alcohol in Hall’s car as the reason for the suspicion.

 

The complete story is available here.

 

Fears | Nachawati is a personal injury law firm representing victims of Texas car accidents. If you or a loved one has been injured in a car accident, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.