Personal Injury Overview

Motor Vehicle Accidents

Texas Auto Accident Lawyers

At the personal injury law firm Bristol & Dubiel LLP, our experienced and knowledgeable Dallas auto accident lawyers  work hard to fight for the rights of people injured in car accidents, truck accidents or other types of motor vehicle accidents caused by the negligence or recklessness of another.

Motor vehicle accidents are a common cause of personal injury. Their impact ranges from the inconvenience of property damage to serious injury or death. If you have suffered injury in a car, motorcycle, or boating accident you may be entitled to compensation. The circumstances surrounding the collision, the conduct of the drivers involved, the nature of the injury suffered and the available automobile insurance impact whether compensation is available. Our firm has the experience necessary to evaluate the issues of liability and damage, protect your rights and maximize the compensation you receive.

We know that our clients expect the highest quality legal representation from us. We strive always to exceed expectations.

We are diligent in seeking favorable results for our clients and will spare no expense in developing the strongest case to bring to court. We are known for our innovative presentation of evidence. We invite you to review the animated video clip on our home page, which was used to demonstrate an auto accident. This case resulted in a substantial settlement for our client.

We concentrate on serious injury cases, including those sustained in drunk driver car crashes, semi-truck accidents, motorcycle accidents, pedestrian accidents with motor vehicles and boating accidents.

Bristol & Dubiel LLP will represent individuals who have suffered spinal cord injuries, brain injuries, paralysis, disfigurement or loss of limbs. We represent the families of victims who have been killed in reckless accidents in wrongful death lawsuits.

Our truck accident attorneys are known for their aggressive litigation techniques and sharp negotiating skills. Their in depth understanding of the complex rules and regulations governing the interstate commercial trucking industry and experience bringing cases against the owners of big rigs, 18-wheelers and tractor trailers when their failures in maintenance or hours violations lead to fatal accidents.

If you would like to speak to an aggressive and dedicated North Texas and Oklahoma personal injury attorney at Bristol & Dubiel LLP, contact us to request a free initial consultation .

Frequently Asked Questions:

Auto Accidents:

What damages may be recovered for injuries suffered in a car accident?

There are many elements of damage you may suffer when involved in a car accident. The expenses associated with medical treatment after the accident may be recovered. Medical expenses may be claimed even if the bills are paid by a health insurer or through your auto carrier. Medical expenses reasonably certain to be incurred in the future may also be recovered if supported by the testimony of a physician.

The wages lost because of time missed from work may also be claimed even if sick or vacation days are used for some or all of the missed time. These "economic" damages are easier to calculate than the "non economic" damages noted below.

Compensation for past pain and suffering may be claimed as may future pain and suffering if a doctor testifies that such pain and suffering will likely occur. "Pain and Suffering" refers to the physical pain and discomfort as well as worry, anxiety and embarrassment which results from the injury.

Disability or "loss of a normal life" experienced as the result of a car accident is compensable. Disability or "loss of a normal life" refers to the temporary or permanent diminished ability to enjoy life. This includes a person's inability to pursue the pleasurable aspects of life. The avid jogger who isn't able to exercise after suffering injury in a car accident may be entitled to compensation for his "loss of a normal life" or disability. The disability likely to be experienced in the future is also compensable if supported by the testimony of a physician.

Disfigurement suffered as the result of a car accident is compensable. This element of damage refers to the obvious damage to the body such as scarring, burns or amputation. The impact that such a condition has and will have upon the injured person is the basis of the claim.The location, size and visibility of the disfigurement impacts the degree of appropriate compensation.

What if the accident was caused by the other driver?

If the accident was the other driver's fault, you may be entitled to compensation. Fault is determined by evaluating a variety of factors. The description of the collision by the drivers involved, witness observations, the nature and location of the damage to the vehicles, observations and conclusions of police officers at the scene and in some cases accident reconstruction are all means by which fault is evaluated.

A claim may be made with the at fault driver's insurance company. A claims adjuster is assigned by the insurer to evaluate the fault of the drivers, the nature of your injury and the property damage your vehicle sustained. It is important to remember that the claims adjuster's job is to limit the amount paid to you to whatever extent possible. The claims adjuster represents the interests of the insurer. Involving our law firm on your behalf can level the playing field and provide the experience necessary to protect your interest in receiving full compensation for your loss.

Should I provide a statement to the other insurer?

Many insurers wish to secure a recorded statement from the injured person shortly after the accident. We do not recommend providing a sworn statement without first speaking to a lawyer. The claims adjuster who will take the statement does not have the same interest as you. A recorded statement often addresses crucial issues of fault and damage. First speak with a lawyer who can assess whether providing a statement is appropriate and if so, can attend the statement. Do not allow the insurer to address these critical issues without the benefit of a lawyer acting on your behalf.

What if the other driver does not have insurance?

If the other driver who caused the accident is uninsured, you may be able to obtain compensation through your own insurer. Most automobile insurance policies provide uninsured motorist coverage. This coverage protects you when you are injured by a person who failed to carry insurance.

An uninsured motorist claim is governed by the terms of the policy. The recovery of compensation is limited to the amount of coverage purchased. It is important to review the policy to determine the terms and amount of coverage available.

Uninsured motorist claims do not typically involve a lawsuit or a jury. If the injured person and their insurer are unable to agree on the issue of liability or the amount of compensation which should be paid, most policies require arbitration of the dispute. Arbitration involves either one judge or a panel of judges hearing the evidence and deciding the issues. If you believe you may have an uninsured motorist claim, contact our office so that the terms of your policy may be reviewed and your rights may be protected.

What if the other driver has limited insurance coverage?

You may be entitled to compensation from your own insurer under your underinsured motorist coverage. Most automobile policies provide underinsured motorist coverage. Such coverage protects you when the insurance of the other driver is smaller than the coverage you purchased and the compensatory value of your claim exceeds the policy limit of the other driver's policy.

An example of an underinsured motorist claim is as follows:

Driver A is involved in a car accident which is the fault of Driver B. Driver A suffers a broken leg and broken wrist. Driver A seeks compensation from Driver B's insurer whose policy is limited to $20,000.00. Driver A carries underinsured motorist coverage with a limit of $100,000.00. Driver A may be entitled to the $20,000.00 policy limit from Driver B's insurer and an additional $80,000.00 pursuant to his own underinsured motorist coverage.

Whether you are entitled to underinsured motorist benefits depends upon careful review of your insurance policy, the policy of the other driver, the circumstance of the collision and the nature of the injury suffered.

Truck Accidents:

How are truck accidents different than car accidents?

Car accidents and truck accidents share many similarities. Either may be caused by speeding, reckless driving or failing to keep a proper look-out for other vehicles on the roadway. There are however certain conditions inherent in the driving of a truck which distinguish truck accidents from other vehicle collisions.

For example, the braking system on a semi tractor trailer is different than that of a car. Heavy trucks use compressed air to make the brakes work. Although air brakes are a safe way to stop large vehicles, it takes one-half second or more for the air to flow through the lines to the brakes which impacts the stopping distance for the vehicle. The air brake lag distance at 55 mph on dry pavement adds about 32 feet to the stopping distance. A truck driver traveling 55 mph under good traction and brake conditions must contend with a total stopping distance of over 300 feet, a distance longer than a football field. The additional time required to slow or stop a large truck impacts the speed at which the truck may be safely driven and the awareness the truck driver must have for the condition of traffic on the roadway.

Is truck driver conduct regulated?

Given the distance required to stop a large truck, the limited ability to see other traffic from the cab and the difficulty maneuvering a tractor trailer, the truck driver's conduct and response to conditions on the road are regulated and taught to drivers across the country. Certain industry wide "countermeasures" have been established and are taught to truck drivers so that they may appropriately respond to various traffic conditions. The focus of the countermeasures is improved safety management, preventative maintenance and defensive driving. The countermeasures address negotiating curves, passing, turning left and right, crossing intersections, using and changing lanes and pedestrian interaction. Whether the appropriate countermeasures were taken by the driver of a truck involved in an accident must be evaluated on a case by case basis.

Additional regulations which govern truck drivers are issued by the Office of Motor Carriers within the United States Department of Transportation. These regulations require specific driver documentation and conduct. Preventative maintenance and inspection, driver documentation, brake performance, tire inflation, tire wear and deterioration, wheel retention and deterioration, steering system performance, full trailer coupling, vehicle lighting and conspicuity, pay load characteristics and cargo procurement are all specifically regulated. The conduct of the driver, condition of his vehicle and the circumstances surrounding the collision must be promptly reviewed and evaluated to determine whether the truck driver's conduct conforms with the applicable rules.

Who may be responsible for the injuries suffered as the result of a truck driver's negligence?

If the driver of the truck was negligent and his negligence caused you injury, he may be liable for the damages you suffered. The truck driver's employer and in some cases the entity which leases the vehicle may also be liable for the negligent conduct of a truck driver. The terms of the lease and the nature of the relationship between the driver and the party that retained and compensates him must be examined to determine their potential liability.

What if the truck accident occurred because the truck wasn't properly loaded?

Federal safety regulations impose a duty on a carrier to secure the load safely. Different types of loads have their own requirements for being properly secured. A trucking company is not liable for defects which are not apparent upon a reasonable inspection of the load. The company is also not liable for sealed loads. However, a shipper may be liable where it improperly loaded its own truck, its employees negligently instructed the truck driver on the manner in which the cargo should be secured or if the truck driver was given false assurances as to the safety of the load. It is important to determine the identity of the party involved in loading the trailer if it is suspected that the cargo was not appropriately loaded. The circumstances surrounding the loading of the vehicle and the identity of those involved in the loading should be determined as quickly as possible after the accident occurs.

What if the truck driver was not qualified to drive the truck involved in the accident?

The incompetence of a truck driver may give rise to liability for the party who hired him or retained his services to transport a load. The question is whether the employer exercised "reasonable care" in hiring or retaining the driver. Did the employer make a reasonable investigation of the driver? What did the employer know or what should have been known prior to hiring the truck driver? Once an employer knew or should have known that a driver was unfit, was it reasonable for the employer not to investigate or take corrective action such as discharge or reassignment? Federal regulations require a reasonable investigation of a driver's qualifications at the time the driver is hired. The regulations require that the driver must be able to do the following:

• safely operate the type of motor vehicle he drives;
  
  
• determine whether the cargo he transports has been properly located;
  
  
• determine whether the cargo he transports has been appropriately secured;
  
  
• is familiar with the methods and procedures for securing cargo;
  
  
• is physically qualified to drive a motor vehicle;
  
  
• has a valid commercial motor vehicle operator's license;
  
  
• has prepared and furnished the motor carrier that employs him with a list of violations of the motor vehicle traffic laws and ordinances which the driver has been convicted of within the preceding 12 months;
  
  
• has successfully completed a driver's road test; and
  
  
• has completed and furnished the motor carrier that employs him with an application for employment.
  

The failure to comply with federal regulations may be evidence that a "reasonable investigation" was not performed and may give rise to an independent basis of liability against the employer. Whether the truck driver who caused your loss was qualified must be evaluated based upon the facts surrounding your collision.

What if the accident was caused by truck driver fatigue?

Research completed by the National Transportation Safety Board suggests that driver fatigue and lack of sleep is the number one cause of truck crashes, a greater danger than either alcohol or drugs. It is estimated by the U.S. National Highway Traffic Safety Administration that driver fatigue may be responsible for as many as 240,000 motor vehicle accidents in the U.S. annually. If the fatigue of a driver causes him to weave or fall asleep at the wheel, both he and his employer may be held liable for the personal injuries and damages which result.

Fault for driver fatigue which causes an accident may be attributed to the driver's employer under certain circumstances. In determining whether an employer contributed to the driver fatigue the following may be considered:

1. Did the trucking company properly monitor the driver?
   
   
2. Were drivers ordered to continue driving notwithstanding complaints made to a company dispatcher that he was too tired to continue?
   
   
3. Was the truck driver required to meet a time schedule for the delivery of shipments that require driving beyond federal limits?
   
   
4. Did the company fail to consider driver fatigue in scheduling load delivery?

Driving while fatigued is a violation of federal regulations and may be evidence of negligence. Careful evaluation of the circumstances surrounding a collision may reveal that driver fatigue played a role in the accident.

How is truck driver fatigue established?

The driver may admit to police or witnesses that he is fatigued. Such statements may be reflected in the Accident Report  completed by police at the scene. A driver may also make a similar statement to the dispatcher. A driver may appear fatigued when observed by police or other witnesses. Review of the truck driver's log may also be useful in establishing the amount of time on the roadway and to assess the likelihood of fatigue. Motor Carrier Safety Regulations regulate the permitted hours of service and require the driver to keep a log of their "duty status".

A wide range of sources must be analyzed to determine whether driver fatigue is a factor in causing an accident. It is important that you involve a lawyer in this process to speak with the witnesses to the collision, review the driver's log, obtain records associated with the maintenance of the vehicle, review the materials associated with the hiring of the driver and evaluate the potential avenues of recovery that are available.

Do truck drivers have to carry liability insurance?

The Federal Motor Carrier Safety Administration regulates the amount of insurance a carrier must maintain. For vehicles weighing more than 10,000 pounds and hauling only non-hazardous materials, minimum liability coverage in the amount of $750,000.00 is required. If hauling hazardous materials, the required minimum liability coverage increases to between $1,000,000.00 and $5,000,000.00 depending upon the type of material transported.

At the Law Office of Bristol & Dubiel LLP, our Dallas auto accident lawyers provide effective legal representation to injured people and their families in the Dallas-Fort Worth metroplex and throughout North Texas and Oklahoma.

The communities we serve include: Irving, Garland, Arlington, Mesquite, Richardson, Rockwall, Greenville, Plano, Denton, Carrollton, Addison, Grand Prairie, Lewisville, McKinney, Hurst, Euless, Bedford, Richland Hills, North Richland Hills, Highland Park, University Park, Allen, Southlake, Carroll, Coppell, Flower Mound, Grapevine, The Colony, Frisco, Colleyville, Rowlett, Trophy Club, Rowlett, Parker, Murphy and Highland Village. We serve Dallas County, Tarrant County, Denton County, Collin County, Hunt County, Rockwall County, Ellis County and Johnson County.