Oberg Law Office

You are just going about your day when, all of a sudden, everything comes to a halt. In just a split second, you see another vehicle coming out of nowhere, you hear the awful sound of brakes screeching and metal being crushed, and you feel the pain of the impact as your vehicle is hit and your entire life is turned upside down. A car accident can be overwhelming and devastating, causing physical injuries, emotional trauma, and financial strain – especially when it is caused by someone else’s negligence. Car accident legal services in Mesquite go over the crucial steps you need to take to protect your rights after a car accident in Texas. If you were hurt in a car accident, call the Oberg Law Office at 972-672-9700.

What Should I Do at the Scene of the Accident?

After a car accident, it is important to assess the scene by checking for injuries and calling for emergency medical help if you or anyone else is injured. If the vehicles can be moved and if it is safe to do so, you may want to move them to a safe area away from traffic, but be sure to take pictures or videos of the scene of the accident before moving the vehicles.

Remember to get the name, contact information, and insurance details of the other driver involved and thoroughly document the scene by taking photos and videos of the vehicles involved, the road conditions, the damage to each vehicle, skid marks on the roadway, and any visible injuries. It is also helpful to collect information from any witnesses who may have been at the scene.

Am I Required to Report the Accident to the Police and to My Insurance Company?

In Texas, drivers who are involved in a motor vehicle accident that results in more than $1,000.00 of property damage, injuries, or death should report the accident to the TxDOT within ten days. If a police officer is dispatched to the accident scene, the officer will take care of filing the report. Otherwise, it is the driver’s responsibility to report the accident, and failure to do so could result in penalties such as a license suspension.

In addition, it is crucial to contact your insurance company as soon as possible after the accident, regardless of who may have been at fault. Each insurance policy may have different reporting requirements, but many of them require drivers to report the accident within a few days. It is worth mentioning that the Texas statute of limitations for car accident damages is two years, and this legal deadline may also affect how much time you may have to file a claim or initiate a personal injury lawsuit, if applicable.

Why Should I See a Doctor if I Don’t Feel Hurt After the Accident?

Even if you are unsure if you sustained any injuries, it is essential to seek immediate medical attention after a car accident. A car accident is a jarring and stressful event that may cause your body to release chemicals such as adrenaline. This can cause you to feel no pain at the time of the crash, only to start experiencing symptoms days or weeks after the accident.

Some injuries, such as whiplash or internal injuries, may not be immediately apparent but are very common after a car crash and can become serious if left untreated. It is extremely important to be examined by a healthcare professional even if you do not think you’ve been injured – that way, if you experience delayed symptoms, you will have the medical records to document that your injury and the symptoms you are experiencing are a result of the accident and not due to a separate event. Be sure to seek medical help right away, follow your doctor’s advice and all necessary treatments to ensure a full recovery.

Why Is It a Good Idea to Call a Car Accident Attorney?

Consulting with a personal injury attorney can be invaluable after a car accident. A skilled attorney can help you deal with the insurance company and ensure that your rights are protected. By contacting an attorney soon after the accident, they can assist you with the process of gathering evidence, investigating the crash site, and assigning liability to the at-fault party. In addition, your attorney can handle all the paperwork and negotiations with the insurance company on your behalf, looking after your interests and making sure you receive the compensation you deserve. In some cases, you may need to take legal action against the at-fault party to recover damages. An attorney can assess the details of your case and help you make the right decision.

It is not unusual for some insurance companies to be more interested in protecting their profits than paying fair settlements to injured claimants. They may try to use a few well-known tactics, such as getting a claimant to give a recorded statement and try to get them to say something that may later be used as an admission of liability. By letting an attorney handle your case, you can have the peace of mind of knowing your case is in the hands of a professional who will not let the insurance company get away with using shady tactics to get you less than what you deserve.

If you were injured in a car accident caused by someone else, call the skilled car accident attorneys at the Oberg Law Office at 972-672-9700. We have helped countless injured clients in Mesquite and surrounding areas, and we are here to help you, too. Contact us for a free consultation and case analysis to learn more.

There’s no doubt that cars are getting more and more intelligent and loaded with safety features meant to reduce the frequency and severity of motor vehicle accidents. In some places, companies are even using self-driving delivery vehicles, while across the country, newer model cars are increasingly being manufactured with advanced technology such as lane-departure warning and adaptive cruise control. But do these safety features really reduce the number of car accidents, and can they impact a car accident claim in any way? The legal professionals in Mesquite handling car collisions go over the most common car safety features available today and explain how they may affect your car accident claim.

What Are Some of the Most Important Car Safety Features in Vehicles Today?

Since the creation of the National Highway Traffic Safety Administration (NHTSA) in the 1960s, seatbelts have become a mandatory safety feature in every motor vehicle. Seat belts are designed to keep the driver and passengers in place in the event of an accident, reducing the risk of injury and death.

Airbags are another important safety feature, designed to cushion the impact of collision and deploy when the vehicle is involved in an accident. Airbags started being included as a safety feature back in the late 1980s and quickly became a crucial component in preventing serious injuries during a collision.

Other features, such as high-visibility headlights, taillights, and side mirrors, help drivers see their surroundings, avoid collisions with pedestrians, animals, and other vehicles, and make their way safely in the dark. Finally, bumpers are a key safety feature. While you may not think of your car’s bumpers as a safety feature, they are actually designed to absorb the impact of a minor collision, preventing serious damage to the vehicle. Without them, the risk of injury to passengers is much higher, as any collision can affect the body of the vehicle.

What Are Advanced Safety Systems?

Advanced safety systems in vehicles rely on technology to help drivers detect dangerous situations and obstacles in order to avoid accidents. Most modern vehicles come equipped with features such as automatic braking, lane departure warning, blindspot monitors, backup cameras, and park assist. Automatic braking systems use sensors to detect objects or other cars in the vehicle’s path and automatically slow down or stop the vehicle if necessary, potentially avoiding a rear-end collision with another motor vehicle. Lane departure warning systems alert drivers if they are about to drift out of their lane. Blindspot monitors detect vehicles in the driver’s blind spot and alert them with visual and auditory warnings. Backup cameras provide a view of the rear of the vehicle so that drivers can easily see when they are backing up, making it easier to see other cars, pedestrians, and objects. Park assist systems use sensors to help drivers park in tight spaces, and some park assist systems can take care of the task of parallel parking the car for the driver automatically.

Can Advanced Safety Systems Reduce Car Accidents?

A study conducted by General Motors and the University of Michigan Transportation Research Institute and published in 2019 concluded that many advanced safety systems can play a vital role in preventing accidents. Some highlights of the study include the findings that vehicles equipped with reverse automatic braking systems with rear cross alert, backup camera, and rear park assist can reduce braking crashes by as much as 81%. Likewise, features such as forward automatic braking with collision alert can reduce the number of rear-end collisions by 46%.

However, it is important to keep in mind that no safety system can replace the full focus and careful operation of a driver. These systems are not meant to replace the actions of a driver, so even if your vehicle is equipped with all of these features, you are still responsible for maintaining your duty of care to other road users, including pedestrians and motorists.

For instance, suppose your vehicle’s forward collision alert and braking system failed, and you ended up rear-ending another vehicle at a stop sign. If it is determined that you were engaging in distracted driving when the crash occurred, you may still be held partially liable for any injuries and damages sustained by the driver of the other vehicle.

What Should I Do if I Believe My Car Has a Defective Safety System That Caused an Accident?

In other cases, a car may come equipped with faulty safety features that can actually cause injuries instead of preventing them. A notorious example is the Takata airbags, which have been the target of numerous lawsuits after defects caused the airbags to explode instead of properly deploying, injuring over 400 people and even causing 27 fatalities.

This is a good example of a personal injury case type called product liability. A product liability claim happens when a consumer is injured due to a defective product or flawed design that can be linked to a manufacturing defect. If you have been injured in a car accident and believe that a defect in your vehicle (such as a defective airbag or faulty advanced safety system) was the main cause of your injuries and damages, you may want to contact an attorney to discuss your case.

The attorneys at the Oberg Law Office have helped injured clients in Mesquite and across Texas, and they have experience dealing with a variety of car accident and product liability cases. They can help you understand your options and guide you to make the right decisions for your case. If you have been hurt, have questions, or need to know if you have a claim, contact the Oberg Law Office at 972-672-9700.

The Texas Department of Transportation reports that as many as 436 people were killed due to an accident with a distracted driver in 2021. A driver who is traveling at 45 mph and takes their eyes off the road for just a few seconds to read a text or check their phone will end up driving the length of a football field without looking at the road. This behavior is dangerous and has resulted in hundreds of fatalities and thousands of serious injuries not just in Texas but across the country. Auto injury attorneys serving Mesquite at the Oberg Law Office discuss how distracted driving affects Texas motorists and other road users, the legal consequences of distracted driving, and the rights a victim may have to recover compensation after being hurt by a distracted driver.

What Are Some Examples of Distracted Driving?

Distracted driving is any task that takes a driver’s eyes off the road and attention away from driving, such as manual distractions, visual distractions, and cognitive distractions. Talking on a cell phone, texting, eating or drinking, looking at a map, using a navigation system, adjusting the radio, and applying makeup while the vehicle is in motion are all examples of distracted driving.

Each of these activities, while seemingly harmless, can have serious consequences, as the human brain is not made to handle more than one task at a time – a driver who is operating a moving vehicle cannot effectively maintain their focus on both the task of driving and whatever else they are doing at the same time. Even people who claim to be good at multitasking simply constantly toggle their focus between two or more tasks. However, when you are driving, doing so can have serious consequences.

When a driver takes their eyes off the road, even for just a few seconds, they are unable to respond to changes in traffic conditions and could end up in an accident. Activities such as eating or drinking while driving can lead to a driver’s hands being temporarily off the wheel, reducing their control of the vehicle and creating distractions such as spills inside the cabin.

What Kind of Accidents Are Commonly Caused by Distracted Drivers?

One of the most frequent types of auto accidents caused by distracted driving is rear-end collisions. Rear-end collisions are often caused by a distracted driver who is not paying attention to the road and fails to see that the vehicle in front of them is slowing down or stopping.

Head-on collisions are another type of motor vehicle accident that is usually caused by distracted drivers. These collisions can take place when two vehicles traveling in opposite directions collide, often because one of the drivers is distracted and ends up drifting into the opposite lane. This type of accident can be catastrophic as both vehicles involved are usually traveling at a high speed. Distracted drivers can also cause single-vehicle accidents, such as running off the road or crashing into an obstacle, such as a utility pole or even a building.

Does Texas Have Any Laws Addressing Distracted Driving?

In Texas, distracted driving is illegal and carries significant penalties. Drivers are prohibited from engaging in any activity that could take their attention away from the task of driving, especially texting while driving, as well as using handheld electronic devices to make calls, listen to music, or watch videos.

Violators can face fines of up to $99 for their first offense, up to $200 for subsequent offenses, and potential license suspension for repeat offenders. In addition, distracted driving can also be considered a Class A misdemeanor if the driver causes an accident that results in serious injuries or death. The law also prohibits minor drivers from using a wireless handheld electronic device during the first six months of having a learner’s permit. In addition, school bus drivers are not allowed to use a smartphone or other electronic device while operating a school bus with passengers on board.

What Should I Do if I Was Hurt in an Accident Caused by a Distracted Driver?

If you were involved in an auto accident in which another driver may have been negligent and caused the crash due to being distracted, that driver may be financially liable for your damages resulting from the accident. However, you would need to prove that their negligent actions were the direct cause of your damages and injuries.

At this point, it is critical that you retain the legal counsel of a skilled car accident attorney for your case. Your attorney can help you investigate the accident and gather evidence to prove that the other driver was distracted and acted with negligence, and can also help you document the extent of your injuries and damages.

Your attorney can help you file an insurance claim against the at-fault driver’s insurance company seeking compensation for your injuries as well as financial losses and emotional distress. In some cases, the insurance company may try to claim that you were also at fault for your accident or may try to offer you a low settlement. Your attorney can help you make the right decisions for your case, handle all the necessary paperwork and negotiation process with the insurance company, and file a lawsuit in court if necessary.

The Oberg Law Office has represented clients who were victims of distracted drivers in Mesquite and across Texas and helped them secure maximum compensation. Their legal team is ready to protect your rights and represent your best interests after a collision with a distracted driver. Contact us today at 972-672-9700 to learn more.

When researching personal injury topics, such as compensation for car accidents, you may have heard the term “pain and suffering” used to describe the type of damages you may be able to seek payment for. But what exactly is pain and suffering, and how can you effectively prove it? The attorneys at the Oberg Law Office offer a few tips on how you can document your pain and suffering after an auto accident and explain why hiring an attorney may be the right choice for your case.

What Does Pain and Suffering Mean in Legal Terms?

Pain and suffering is a term commonly used to describe the subjective effects that an accident and resulting injuries may have on the physical and emotional well-being of a victim. When a person is involved in a serious auto accident, the most visible consequences are physical injuries and a damaged vehicle. However, it may be hard to understand just how much physical pain the victim may have endured as a result of their injuries and in the course of recovering from those injuries. For example, broken bones are extremely painful when they first occur and may result in even more pain if the victim needs to have surgery to repair their fractured leg or requires physical therapy to regain mobility after the crash.

The pain and resulting suffering can also be psychological. An accident victim has just undergone an extremely stressful and traumatic event that could result in mental anguish and panic attacks as they relive the incident over and over in their minds. Their physical pain and the effects it has on their daily lives can also result in emotional distress, anxiety, depression, insomnia, and PTSD. If their injury resulted in long-term or permanent disabilities, the victim may also experience loss of enjoyment of life due to being unable to partake in activities they used to enjoy before the accident, such as playing sports or being active. All of these factors are usually taken into consideration when determining the appropriate settlement for an accident victim.

What Are Some Ways to Document Pain and Suffering After an Accident?

The most important thing you can do after an accident is to seek emergency medical help for yourself or for others who may have been seriously injured. However, seeking medical help is recommended even if you don’t feel like you are injured – the sudden burst of adrenaline triggered by a scary and stressful situation such as a car accident can temporarily mask the pain of a serious injury for days or even weeks after it occurs. If you have a doctor examine you shortly after the accident, you will be able to have the necessary medical records to document how your symptoms progressed since the day of the accident. In addition, if you suffered apparent injuries such as cuts, bruises, or fractured limbs, for example, you will also want to document these injuries by taking pictures and gathering medical reports and exam results. You may also want to include a picture of yourself before and after the accident.

Another effective way of documenting your pain and suffering is to complete a daily journal. This practice is referred to by some as a “pain journal,” and it provides the court with a first-person account of the many ways your injury is affecting you in your daily life. You can make daily entries in your pain journal with dates, times, a description of your pain and the body area affected by it, as well as the activity you were doing or trying to do. Alternatively, you can also get the help of friends or family to write a statement explaining how the accident and your injuries have affected you since the day of the crash.

Can You Use the Testimony of Expert Witnesses to Help Argue Pain and Suffering?

If you are working with a skilled attorney who is providing legal representation for your case, your attorney may also suggest recruiting the help of expert witnesses to help the court understand the extent of your pain and suffering. For example, if you suffered a serious back injury that resulted in debilitating chronic nerve pain, an attorney can ask an orthopedic doctor or a nerve pain specialist to analyze your injury and give their medical opinion on its severity, the type of symptoms that your injury typically causes, and how it affects your daily life.

Alternatively, your attorney can also recruit the help of a mental health professional to explain to the court how an accident can affect a victim’s mental health and what it feels like to live with anxiety or frequent panic attacks, for example. An experienced attorney can help you leverage the knowledge and credentials of expert witnesses to strengthen your case and effectively document your pain and suffering.

How Much Money Can I Receive for Pain and Suffering Due to an Auto Accident?

Pain and suffering are just one of the components of a personal injury settlement. The total value of a claim is typically a combination of economic damages (such as medical bills and lost wages) and non-economic damages (another legal term for pain and suffering). In general, the higher your financial losses and the more significant your degree of pain and suffering is, the higher the value of your claim may be.

The attorneys at the Oberg Law Office can help you determine how much money your particular claim may be worth, as well as the best course of action for your case. If you were hurt in an auto accident in or near Mesquite, TX, call us at 972-672-9700 for a free consultation.

Premises liability claims are the most common category of personal injury claims and can happen when a person is hurt while on someone else’s private property. But what should you do if you are hurt while on public property? Can you sue the government for your injuries and damages? The attorneys at the Oberg Law Office go over how premises liability claims against a government agency work and explain why you need to hire a skilled premises liability lawyer for your case.

What Is a Premises Liability Claim?

A premises liability claim is a type of personal injury claim in which a plaintiff gets injured while present on someone else’s property. In Texas, property owners have a duty of care to protect the safety and well-being of guests, visitors, and any person lawfully present on their premises by maintaining a safe environment for everyone. When a property owner acts with negligence and fails to maintain a safe environment, their negligence can result in a hazardous condition that could cause someone to get injured and sustain damages.

Common examples of accidents that may constitute a premises liability claim include slips and falls, dog bites, or injuries resulting from criminal activity due to inadequate security. In these cases, victims may be entitled to seek compensation for medical expenses, lost wages, and pain and suffering.

Who Is Responsible for Your Injuries if You Are Hurt While on Private Property?

If you were hurt while lawfully present on private property, such as a residence or business, the person who owns the property is usually responsible for any injuries that may occur as a result of their own negligent actions. For example, suppose you were bitten by a dog while visiting your neighbor’s house. In that case, your neighbor’s homeowner insurance would likely provide coverage for your damages.

If you were injured while visiting a place of business, the owner of the business would likely be liable for your damages. In this case, their business insurance policy would likely offer coverage for premises liability cases, so you may also need to file an insurance claim to recover compensation. In both cases, you may also be able to file a lawsuit in court if filing an insurance claim is not a feasible option.

What Is Sovereign Immunity, and How Does It Affect My Premises Liability Case?

When you are injured while on public property, such as a government building, a park, or a sidewalk that is maintained by a city or township, the process of filing a premises liability claim may be a little different. If your claim involves a government entity such as the state, a city, town, or county, your claim may be affected by what is called “sovereign immunity.” Sovereign immunity is a legal doctrine that protects governments from being sued unless they waive immunity or agree to be sued. This process is intended as a way of protecting the government from frivolous lawsuits – the idea is that the government should be able to enact laws and make necessary changes to policies without being constantly sued by those who are in disagreement.

In practical terms, what this means is that you can only sue the government if it agrees with the lawsuit. In order to obtain that agreement, you may have to take an extra step before filing your claim to let the government know you intend to sue it. This document is known as “notice of tort claim.” This process usually involves filing a written claim with the appropriate government agency and providing evidence of the injury. You may want to consult an attorney to learn the specific steps required for your case, as each government entity may have different rules and administrative requirements for premises liability claims.

How Much Money Can You Get for Injuries That Take Place on Public Property?

In general, the value of a personal injury case is largely determined by the severity of the plaintiff’s injuries and the extent of their damages. For example, a person who slipped and fell at a retail store and suffered a few bruises and a sprained ankle may likely receive a smaller settlement than a person who suffered more serious injuries, such as a concussion or a traumatic brain injury after a slip-and-fall accident. However, it is worth noting that premises liability cases in which a government entity is the defendant may be subject to damage caps.

If you are suing a government entity for damages resulting from a premises liability accident, the maximum settlement amount you may receive for your claim is $250,000.00 per person or $500,000.00 maximum per event, regardless of whether your actual damages exceed this limit or not.

How Can an Attorney Help Me Recover Compensation for Injuries Sustained in a Public Property?

As explained above, premises liability cases against the government can be a little more complicated, require additional steps and are often subject to different statute of limitations, meaning depending on the government entity you wish to take action against, you may have a limited amount of time to send your notice of intent to sue. By working with an attorney, you can be confident that your case is being handled in the most efficient manner possible and that your chances of receiving fair compensation are increased.

The attorneys at the Oberg Law Office can assist you with a variety of personal injury and premises liability claims. We can handle every aspect of your case, answer your questions and represent your best interests at every step of the way. Contact us at 972-672-9700 to learn more.

In 2016, a woman filed a premises liability lawsuit against Walgreens seeking $1 million dollars in compensation after tripping and falling as she exited the Walgreens store in Beaumont, TX. The woman claims she fell and suffered multiple injuries and cuts to her face, neck, and back after tripping on a tattered mat in front of the store and hitting the concrete sidewalk. This is just one of many examples of premises liability cases in which a victim was injured because a property owner failed to adequately maintain their premises. The attorneys at the Oberg Law Office go over how poor maintenance can be the grounds for a personal injury lawsuit and explain the steps you may take to recover compensation after being hurt on someone else’s property.

How Can Poor Maintenance Cause People to Get Injured on Someone’s Property?

In Texas, property owners are expected to take care of their property and make it safe for visitors, which may require regular inspections, maintenance, cleaning, and repairs. For example, a retail store where issues such as broken fixtures, wet or slippery floors due to spills, leaks, or food items being dropped, and cracked sidewalks with uneven surfaces pose a hazard to both visitors and employees as all of these issues could have been identified and repaired with a proper maintenance protocol.

Other issues, such as lights and security cameras that are not working properly, locks that are broken and cannot be secured, and even elevators and escalators that are not regularly inspected and maintained, can pose a hazard and cause injuries to those present on the premises. All of these items are the responsibility of the property owner, and a failure to detect and repair these issues could be considered negligence.

Who Is at Fault for an Injury Caused by Inadequate Maintenance?

If a person is lawfully present on someone else’s property (meaning they are not trespassing or entering the property with the intention of committing a crime) and gets hurt because of a hazard resulting from poor maintenance, the property owner may likely be responsible for that person’s injuries and damages. If the injury occurred in a private residence, then the victim may be able to file a claim with the insurance company that provides homeowner’s coverage for that residence.

If the injury took place at a business, such as a grocery store, the victim may be able to obtain damages compensation by filing a claim with the insurance company that provides liability coverage for that business. However, in many cases, filing a lawsuit against the property owner may be the only feasible option. In that case, it is best to contact a skilled premises liability lawyer to discuss your case.

When Can a Third Party Be Sued for a Premises Liability Accident?

In some cases, the problem that led to a plaintiff getting injured can be traced back to a third party rather than the property owner. For example, suppose the owner of a commercial property hired a paving company to repair the parking lot and fix several potholes. The company resurfaced most of the parking lot but failed to adequately repair a pothole near the busiest area of the lot. A few days later, a customer ended up tripping and falling because they did not see the pothole as they walked back to their parked vehicle.

In this case, it could be determined that the paving company is mostly at fault for the accident and thus may be held liable for any damages suffered by the plaintiff. Shifting the liability to a third-party defendant is rather common in premises liability cases. Other common examples of third-party defendants can include a security company that failed to provide adequate security measures and allowed criminal activity to threaten visitors at a business or an elevator maintenance company that did not adequately train its employees to repair faulty equipment. In some cases, it is also possible for the property owner and the third-party defendant to share liability for the accident.

What Should You Do if You Are Injured While on Someone Else’s Property?

If you are hurt while visiting a private property or place of business, be sure to get medical help right away if your injuries are severe. If possible, you will also want to document your surroundings and take pictures or videos of the issue you believe caused your accident. Retain a copy of your medical records and take pictures of your injuries. You may also try to find out if your accident was captured by any security camera, as video footage of the incident may be extremely helpful for your case. Finally, you will want to write down the name and contact information of any witnesses who may have seen what happened, then reach out to a premises liability attorney as soon as possible.

Working with a skilled attorney is key, as premises liability cases are the most common type of personal injury case, and certain types of claims, such as slip-and-falls, can be seen as frivolous by insurance companies and by the court. An experienced attorney can help you build a strong case by providing evidence of your injuries and damages and effectively linking them to the property owner’s negligence.

If you were a victim of an accident caused by a property owner’s failure to maintain their premises free of hazards, contact the attorneys at the Oberg Law Office. Our legal team has helped countless injured clients in the Mesquite, TX, area, and we are ready to help you stand up for your rights. Contact us today at 972-672-9700.

Car accidents are all too common in Texas and lead to thousands of injuries and fatalities every year. While the Lone Star state may be home to two of the most dangerous highways in the nation – Interstate 35 and Interstate 45, many serious and fatal accidents could likely have been avoided if drivers had not acted with negligence and chosen to engage in dangerous driving behaviors.

Mesquite attorneys for motor vehicle incident cases discuss how car accident cases work in Texas and what rights you may have as a victim of a negligent driver. If you were hurt in a car accident caused by someone else, call the Oberg Law Office at 972-672-9700 for the legal representation you deserve.

How Many Car Accidents Happen in Texas Every Year?

Every year, the Texas Department of Transportation (TxDOT) publishes statistics about motor vehicle crashes in the state. According to the TxDOT 2021 Motor Vehicle Crash Facts report, 15,769 crashes resulted in serious injuries in Texas in 2021. These accidents resulted in 239,709 people injured and 19,456 people sustaining a serious or incapacitating injury. There were also 4,497 deaths resulting from motor vehicle accidents, with over half of these fatalities occurring in rural areas of the state.

These statistics are quite concerning, as the TxDOT reports there was at least one fatal motor vehicle accident in Texas every day during the year 2021. That means one person was killed in an accident every 1 hour and 57 minutes, and one person was injured every 2 minutes and 11 seconds. Unfortunately, a good percentage of these accidents and resulting injuries or fatalities could likely have been avoided, as the main causes of such crashes appear to be negligent driver behavior.

What Are Some of the Leading Causes of Car Accidents in Texas?

The statistics presented by the Texas Department of Transportation point to distracted driving and impaired driving as two of the leading causes of car crashes in the state as of 2021. It is estimated that as many as 1,141 people died in a car accident that involved a driver under the influence of drugs or alcohol. That number accounts for 25.37% of all motor vehicle deaths in the state. Driving with a blood alcohol content of 0.08% or higher is illegal for drivers over the age of 21, but drivers who are younger than 21 are not allowed to have any detectable alcohol levels in their bloodstream while driving.

Another leading cause of fatal accidents is distracted driving – as many as 436 people have reportedly been killed in motor vehicle accidents in which a driver was distracted. Using a smartphone to text or talk while driving, as well as other types of distractions such as eating, putting on makeup, adjusting the radio, or getting distracted by a passenger in the vehicle, is not only dangerous but also illegal in Texas. In order to address the growing number of accidents caused by drivers who are texting or otherwise distracted by their phones, the state has recently passed laws making it a misdemeanor to drive while distracted.

It is also worth mentioning that other behaviors, such as speeding, following another vehicle too closely, making unsafe lane changes, driving aggressively, weaving through traffic, and failing to maintain one’s vehicle properly, are also common causes of car accidents in Texas. Such behaviors can result in collisions with other vehicles or in equally dangerous single-vehicle accidents.

Do Car Accident Victims Have the Right to Seek Compensation for Their Damages?

The behaviors described above could be considered negligence, as a driver chooses to engage in these behaviors in spite of knowing the risks associated with them. If a person is injured or killed as a result of another driver’s negligent behavior, that person may be entitled to receiving monetary compensation for their injuries and damages.

In order to seek compensation, the injured victim may need to prove that the damages they have experienced are a direct result of the other driver’s negligence and breach of duty of care to other roadway users. This may be done in the process of filing an insurance claim with the at-fault driver’s insurance company. If the at-fault driver is underinsured or does not have any insurance coverage, the victim may want to consider speaking to an attorney and discussing the option of initiating a personal injury lawsuit against the negligent driver.

When Should I Hire a Car Accident Attorney for My Case?

If you were injured and sustained damages in a car accident in Texas, you may be entitled to compensation if you can prove that your damages were a result of another driver’s negligent behavior. However, it is up to you to collect the required evidence and build your case. This is when the help of an experienced car accident attorney can truly make a positive impact on your case.

A skilled attorney is familiar with how most auto insurance companies operate and can help you with the steps required to file a claim and negotiate a fair settlement on your behalf. If your case needs to be taken to trial, your attorney can assist you with gathering and preparing the necessary evidence to show the court that you have been hurt and suffered damages due to another party’s negligence. Your attorney can help you prove your case and secure maximum compensation for your financial losses (such as medical bills, lost wages, and damaged property) and non-economic damages (such as pain, suffering, and emotional distress). While car accidents may be common in Texas, no car accident case is the same. The attorneys at the Oberg Law Office are ready to help you with your case. Call our office in Mesquite at 972-672-9700 for a free consultation.

Often in injury litigation, the defense will ask for what they like to call an “Independent Medical Examination”. The defense has a right in most instances to have the Plaintiff examined by a doctor of the defenses choosing. However, don’t believe for one minute that they have chosen a truly “independent” doctor. We routinely see the insurance companies hire the same doctors over and over to perform these exams. Of course, they are likely to hire doctors who are very conservative and will minimize the effects of your injury or attempt to say that the injury is not from the crash/fall/incident that is the subject of the suit. Call these exams what they are: “Defense Medical Exams”.

Personal Injury Protection” or “PIP” coverage is an optional first-party coverage that many auto policies issued in Texas provide. PIP covers medical expenses and lost wages caused by the auto collision. PIP is a “1st party” coverage, meaning it is on your policy, not the other driver’s insurance.

-PIP is optional. If you want it, you have to buy it. Insurers are required to offer it to you at the time of sale and must get your rejection in writing if you don’t want it.

-PIP covers the driver and all passengers, REGARDLESS OF FAULT.

-PIP policy amounts can vary. The minimum amount that can be sold in Texas is $2500 per person.