Each year, countless drivers in Arlington are suddenly thrust into the chaos that follows a car accident, often through no fault of their own. What begins as an ordinary drive can result in devastating consequences: totaled vehicles, serious injuries, mounting medical expenses, and the disruption of everyday life. When someone else’s carelessness causes the collision, victims deserve more than just sympathy they deserve answers, accountability, and a clear path toward recovery.
This is where the guidance of an experienced Arlington car accident lawyer becomes essential. At Anderson, Cummings & Drawhorn, we stand with injured Texans from day one. Our team is dedicated to lifting the burden of legal and financial uncertainty off your shoulders. We focus on securing the compensation you deserve and protecting your rights at every stage so you can focus on healing and rebuilding your life confidently.
How Can a Car Accident Lawyer in Arlington, Texas, Help Me
A skilled car accident attorney in Arlington, Texas, provides much more than legal advice. They become a critical advocate during one of the most challenging periods of your life. After a collision, victims are often overwhelmed by medical appointments, vehicle repairs, time off work, and a flood of calls from insurance adjusters. Navigating these obstacles while trying to recover physically and emotionally can be exhausting.
An experienced personal injury attorney in Arlington works on your behalf to reduce that burden. They help you understand your rights under Texas law, manage all communication with insurance companies, and prevent you from being taken advantage of during settlement negotiations. In addition to handling paperwork and deadlines, they conduct a thorough investigation of the crash, gather essential evidence such as police reports, medical records, and witness statements, and build a compelling case designed to maximize your compensation. If insurers deny liability or offer lowball settlements, your attorney will be prepared to take your case to court and fight for the full and fair recovery you deserve.
Common Causes of Car Accidents
Drivers in Texas face various challenges, many of which stem from avoidable behaviors. According to DriveSafe Online, some of the most common driving mistakes in Texas include:
- Distracted Driving: One of the leading causes of crashes in Texas, distracted driving includes anything that takes your eyes, hands, or minds off the road. This can range from texting and talking on the phone, adjusting a GPS, or even eating behind the wheel. Even a brief lapse in attention can lead to serious or fatal collisions, especially at intersections or in congested areas.
- Speeding: Driving above the posted limit reduces a driver’s ability to stop quickly and increases the force of impact in a crash. Excessive speed is a factor in a significant number of fatal accidents in Texas and is especially dangerous on highways and rural roads.
- Driving Under the Influence: Operating a vehicle while impaired by alcohol or drugs drastically impairs judgment, coordination, and reaction time. Despite public awareness campaigns, DUI remains one of the most common and deadly causes of crashes across the state.
- Tailgating and Aggressive Driving: Behaviors such as following too closely, weaving through traffic, road rage, and sudden braking can cause preventable rear-end or sideswipe collisions. These actions create unpredictable conditions for all nearby drivers.
- Failing to Yield or Stop: Disregarding traffic signals, running red lights, or failing to yield the right of way can result in devastating T-bone or head-on collisions. These accidents often occur at intersections and are frequently linked to distracted or impatient driving.
Most Frequent Types of Car Accidents
Various types of accidents occur on Arlington roads, each with its own risk of injury and property damage:
- Rear-End Collisions: These are among Arlington’s most frequently reported crashes, especially in high-traffic areas or stop-and-go conditions. They often result from tailgating, distracted driving, or sudden braking. While some rear-end crashes result in minor fender benders, others can lead to serious injuries like whiplash, back strain, or even traumatic brain injuries, particularly when larger vehicles or high speeds are involved.
- T-Bone Accidents: Also known as side-impact collisions, these crashes occur most often at intersections when one driver fails to yield or runs a red light. The impact force typically hits the side door, where passengers have less protection, making these accidents especially dangerous. T-bone crashes frequently cause broken bones, internal injuries, and head trauma.
- Head-On Collisions: Although less common, head-on crashes are among the most severe. They often result from impaired driving, distracted driving, or crossing over into oncoming traffic on rural or undivided roads. These accidents carry a high risk of fatality or catastrophic injury, particularly when both vehicles are moving at high speed.
- Sideswipe Accidents: These usually happen when drivers fail to check their blind spots or drift into another lane, especially during lane changes or merging. While often considered less serious, sideswipe accidents can lead to dangerous chain reactions, mainly if they cause a driver to lose control or veer into other traffic.
- Single-Vehicle Crashes: Not every accident involves another driver. These crashes can occur due to inclement weather, hazardous road conditions, swerving to avoid an obstacle or animal, or driver fatigue. They can still result in serious injuries, especially if the vehicle strikes a fixed object like a tree, pole, or barrier.
Determining Fault in a Car Accident
Determining liability is one of the most complex parts of any car accident claim in Texas. According to the Texas Civil Practice and Remedies Code – Section 33.003, Texas follows a modified comparative fault system. Here’s what that means:
- Shared Fault: Texas operates under a modified comparative fault system, which allows for shared responsibility in a car accident. If you are found to be less than 51% at fault, you can still seek compensation for your injuries and losses. However, the amount you recover will be reduced in proportion to your level of fault. For instance, if you are awarded $100,000 but found to be 25% responsible, your compensation would be reduced to $75,000. This system makes accurate fault assessment critical, mainly when the difference between partial and majority fault determines your eligibility to recover anything at all.
- Bar to Recovery: If you are found to be 51% or more at fault, you are legally barred from recovering compensation in Texas. This strict threshold reinforces the importance of presenting clear, compelling evidence to minimize the fault attributed to you. Insurance companies often attempt to shift blame to limit payouts, so building a strong case supported by facts is essential to avoid being unfairly penalized.
- Fault Determination: Determining liability involves a detailed review of the crash circumstances. Investigators and legal teams will evaluate police reports, review physical evidence from the scene, analyze photographs and surveillance footage, and take statements from witnesses. In more complex cases, accident reconstruction experts may be consulted to provide professional insights into how and why the crash occurred.
What to Do After a Car Accident
Knowing what steps to take immediately after a crash can protect your health, preserve your legal rights, and improve the outcome of any insurance or legal claims. The aftermath of an accident is often chaotic and stressful, but taking explicit, decisive action can make a significant difference in your recovery and financial future. According to the Texas Department of Transportation, here’s what you should do:
- Check for Injuries and Move to Safety: Your priority should be safety. If you’re physically able and it’s safe to do so, move yourself and your vehicle out of traffic. Check on passengers and others involved to determine if emergency assistance is required.
- Call 911: Report the accident to the police and request emergency medical services if anyone is hurt. A police report will provide official documentation that may be crucial to your case.
- Exchange Information: Collect the names, contact details, driver’s license numbers, and insurance information from all parties involved in the accident. Be polite, but avoid discussing fault or apologizing, as these statements can later be used against you.
- Document the Scene: Take photographs of the vehicles, property damage, road conditions, injuries, traffic signs, and other relevant evidence. These images can be vital in supporting your version of events.
- File a Crash Report: If law enforcement does not respond to the scene, Texas law requires you to file a crash report if the accident involves injury, death, or more than $1,000 in property damage. Failing to do so may affect your ability to seek compensation.
- Contact Your Insurance Company: Notify your insurer of the accident immediately. Provide them with accurate information, but avoid giving a recorded statement before consulting an attorney if you anticipate a dispute.
- Seek Medical Attention: Even if you feel fine initially, injuries like whiplash, concussions, or internal damage may not be immediately apparent. Prompt medical evaluation ensures your well-being and creates a medical record that connects your injuries to the accident.
- Check for Injuries and Move to Safety: Immediately after the crash, prioritize safety for yourself and others involved. Move your vehicle out of traffic to prevent further accidents and reduce the risk of secondary collisions. Turn on your hazard lights, and check on all passengers. Avoid moving them if anyone appears seriously injured and wait for emergency responders.
- Call 911: Contact emergency services as soon as it’s safe. Even in seemingly minor accidents, calling the police is essential to ensure the incident is officially documented. Request medical attention if anyone is hurt or exhibiting signs of injury, including dizziness, confusion, or visible trauma.
- Exchange Information: Calmly collect essential details from the other driver(s), including their name, address, phone number, driver’s license number, license plate, and insurance information. If there are any witnesses, obtain their contact information as well. Avoid discussing blame or apologizing, which could be used against you later.
- Document the Scene: Take clear photos of the vehicles from multiple angles, any visible injuries, road conditions, traffic signs or signals, and relevant landmarks. These images can help reconstruct the event and may be critical evidence in your insurance claim or legal case.
- File a Crash Report: Texas law requires a crash report to be filed for any accident involving injury, fatality, or property damage exceeding $1,000 when a police officer is not present. The CR-2 or “Blue Form” report can be crucial when dealing with insurance companies or legal proceedings.
- Contact Your Insurance Company: Notify your insurer promptly and provide accurate, factual information about the crash. While it’s important to cooperate, be cautious about making recorded statements before speaking with a legal representative if fault may be disputed.
- Seek Medical Attention: Even if you don’t feel injured at the scene, it’s essential to get checked by a medical professional. Some injuries, like concussions, internal bleeding, or soft tissue damage, may not show symptoms immediately. Early documentation also strengthens your injury claim and ensures you’re receiving proper care.
Car Accident Damages and Compensation
Car accident victims in Texas may be eligible to recover compensation for a wide range of financial and personal losses. The goal of compensation, also known as “damages”, is to make the injured party whole again or as close to their pre-accident condition as possible. These damages fall into two main categories: economic damages, which have a clear dollar value, and non-economic damages, which account for more subjective harm. In cases involving incredibly reckless or malicious behavior, punitive damages may also be awarded as a form of punishment and deterrence.
The specific amount and type of compensation you may receive will depend on the facts of your case, the severity of your injuries, the strength of supporting evidence, and how the accident has impacted your daily life, work, and long-term health.
Property Damage
Property damage compensation goes beyond basic vehicle repairs. It includes the cost to restore your vehicle to its pre-accident condition or replace it entirely if it is declared a total loss. This also applies to damage to personal items inside your car during the crash, such as smartphones, laptops, prescription glasses, and children’s car seats, which often must be replaced after a collision, even if they appear intact. If the crash involved extensive damage to surrounding property, such as fences, mailboxes, or landscaping, those losses may also be compensable. Supporting this type of claim requires organized documentation, including photos of the damage, detailed repair estimates, towing and rental car receipts, and proof of ownership for affected items.
Medical Expenses
Medical costs are often the most significant and immediate concern following an accident. Injured victims may face a cascade of expenses, beginning with emergency room treatment and continuing through diagnostic imaging, surgeries, specialist consultations, physical therapy, and pain management. Compensation can also account for long-term treatment plans such as in-home care, adaptive medical equipment, and modifications to accommodate disabilities. Importantly, medical damages can include both current bills and anticipated future costs, especially when the injury is ongoing or permanent. Thorough medical records, itemized billing, and physician evaluations all play an essential role in substantiating these claims.
Lost Income
When injuries prevent you from working, the financial stress can compound quickly. Lost income compensation covers the wages or salary you would have earned if not for the accident-related injuries. In more serious cases, this also includes future lost earning capacity, particularly if your injuries impact your ability to return to your previous job or require you to take a lower-paying position. Freelancers, contractors, and self-employed individuals may face more complex calculations, which often require assistance from financial or vocational experts. Documentation such as prior tax returns, bank statements, and employer letters are key to validating these losses.
Pain and Suffering
Pain and suffering damages acknowledge the non-financial toll an accident can take on your quality of life. This category of compensation may include physical pain, chronic discomfort, anxiety, depression, emotional distress, and the inability to engage in daily activities, hobbies, or relationships as you once did. When injuries result in long-term consequences such as disfigurement, loss of mobility, or PTSD—the value of these damages often increases significantly. While more subjective than medical bills or property damage, pain and suffering can be supported through consistent medical records, mental health evaluations, personal journals, and statements from close friends or family members.
Punitive Damages
Punitive damages are rare but powerful. Unlike other forms of compensation, which aim to reimburse the victim, punitive damages are meant to punish the wrongdoer and serve as a deterrent to others. In Texas, these damages are typically only awarded when the defendant’s conduct was especially egregious, such as driving under the influence, engaging in street racing, or knowingly operating a dangerous vehicle. Courts consider the severity of the misconduct, the harm it caused, and whether the defendant showed any remorse. Though not applicable in every case, when awarded, punitive damages can significantly increase the total compensation and send a strong message about accountability.
Auto Insurance Laws in Texas
Texas follows a fault-based system for auto insurance claims. This means that the driver who causes a crash is generally responsible for the resulting damages. Victims of accidents can pursue compensation by filing a claim directly with the at-fault driver’s insurance company, using their insurance if applicable, or filing a personal injury lawsuit.
Texas law requires all drivers to maintain liability insurance to cover the costs associated with accidents they cause. While minimum coverage levels are mandated, drivers are encouraged to consider additional protection, such as uninsured/underinsured motorist coverage and personal injury protection (PIP), which can provide valuable support when the at-fault party has insufficient coverage or in hit-and-run cases.
According to the Texas Department of Insurance, carrying adequate auto insurance is essential for legal compliance and financial protection. Understanding how these insurance rules apply after a crash can help you recover the compensation you’re entitled to under the law.
Texas Car Accident Statistics
Texas roads continue to pose serious dangers to drivers, passengers, and pedestrians alike. According to the National Highway Traffic Safety Administration’s 2023 Early Estimate Report, the state reported 4,283 motor vehicle fatalities in 2023, making it one of the highest in the nation. Although this marked a 2.81% decline from the previous year, the number remains alarming. The fatality rate per 100 million vehicle miles traveled dropped by 4.10%, indicating incremental progress in traffic safety efforts, but far from enough to declare the roads safe.
The same report highlights that approximately 15,256 crashes in Texas resulted in severe injuries and nearly 19,000 individuals were injured in a manner that forever altered their lives. These facts highlight the immediacy of a need for constant awareness, safer driving skills, and proper legal representation for victims and their families. With such a large number of horrific accidents, legal representation is a crucial aspect that allows victims to recover physically, emotionally, as well as financially.
Talk to an Arlington Car Accident Lawyer Today
The aftermath of a crash can feel overwhelming, but you don’t have to face it alone. Backed by decades of experience and a strong record of results, Anderson, Cummings & Drawhorn stand ready to protect your rights and pursue the compensation you deserve. Call us at 817-920-9000 for a free consultation today.