Nobody wants to face the trauma of a car accident. But the reality is that every 14 seconds, someone somewhere is suffering that fate. Fortunately, state law gives victims the right to compensation for their losses. Though getting the full amount you are owed is hardly easy.
Navigating the heady aftermath of an automobile accident by yourself can be equal parts confusing and overwhelming—and success is not guaranteed. Insurance companies don’t always come through with fair car wreck settlements. They might try to lowball you, or even try to deny your claim completely.
Maximize your chances of recovering a fair settlement in your Texas car accident case with a powerful personal injury attorney. At Simmons & Fletcher, P.C, our Fort Worth car accident lawyers will push back against dirty tactics used by insurance adjusters. We are ready to fight for your rights and get you the full, fair settlement you deserve.
Call us today at (713) 932-0777 to schedule a free, no-obligation consultation, or fill in our online form. We look forward to advocating on your behalf.
Fort Worth Car Accident Statistics
Car accidents are an ongoing tragedy across the United States. Year on year, 4.5 million people are affected by auto accidents nationwide; with over 250,000 serious injuries recorded in Texas alone. According to the Texas Department of Transportation (TxDOT), not a single day goes by without a traffic-related death in the Lone Star state. Another sobering statistic—in 2022, more than one in every four road fatalities in Texas involved an intoxicated driver, while an increase of more than 11% in fatal crashes stemming from distracted driving was reported over the previous year.
In 2022, the city of Fort Worth had the 5th highest number of motor vehicle accidents out of any city in Texas, at a total of 13,401 car crashes. Of these, 114 were fatal. The Airport Freeway topped the list of locations with the highest number of crashes, over 100, followed by Riverside Drive and East Lancaster Avenue, and North Freeway (I-35W) and Meacham Boulevard—all dangerously crash-prone areas.
What To Do Immediately Following an Accident
After a car accident, chaos can set in quickly. You need to remain calm and take the necessary steps to protect your rights.
- When it is safe to do so, move your car away from traffic and off the road. Put it in park, switch off the ignition, and turn on the hazard lights.
- Report the accident. Call emergency services, even if you do not think you are hurt. The police will assess the scene and provide an accident report; this document could be important if you need to take any future legal action. Remember to note down the officer’s name, phone number, and badge number.
- Never admit that you are at fault! Even if you think you might be.
- Take down the names, phone numbers, and insurance info of all drivers involved. Also write down the location, time, weather conditions, and any other relevant information.
- Document the accident scene from multiple angles. Take photos and videos of vehicle damage (inside and out), skid marks, property damage, etc.
- Call a car accident lawyer in Fort Worth to help protect your rights. Come prepared with all the details/documents/photos of the accident so they can advise you on the best way to proceed.
If you are in pain, feeling unusual, or not quite yourself, seek medical care right away. Keep all documentation you receive— you will need it for future insurance claims. Keep track of recovery, costs, and how your injuries affect your day-to-day. This information will help your lawyer prepare your case and support your claim.
Accidents happen. It’s tough enough to get back on your feet after a crash, but when a third party like an insurance company gets involved, the process becomes even more daunting. These companies do not have your best interests at heart.
Your best line of defense is hiring an attorney from Simmons & Fletcher, P.C. We take the fight straight to the insurance companies so that you can focus on what matters most—your family, your job, and getting better. Our Texas personal injury lawyers can help you file a claim (or file a lawsuit if it comes to that), build a strong case, and aggressively negotiate to get the compensation you deserve. Call (713) 932-0777 for a free consultation with an experienced Fort Worth car accident lawyer today.
Common Causes Of Car Accidents In Fort Worth
Our Fort Worth car crash attorneys see these main offenders all too often:
- Excessive speeding: This tops the list. The greater the speed, the higher the risk.
- Reckless or aggressive driving: Tailgating, weaving in and out of lanes, swerving, failure to yield, running red lights, and other impatient behaviors increase the risk of collision.
- Distracted driving: Taking your eyes or attention off the road for even a few seconds—texting, talking, eating, etc.—can lead to a crash.
- Intoxicated driving: There should be no excuse for this. Drugs or alcohol impair judgment and reaction time, drastically increasing the likelihood of a collision.
- Driver fatigue: Fatigue causes a lack of focus, delayed response time, and poor judgment.
- Poor road conditions: Dimly lit roads, uneven surfaces, and bad road construction can lead to accidents.
- Adverse weather conditions: Fog, heavy rain, ice, or other low visibility conditions can also lead to a crash.
- Defective vehicles: Manufacturers have an obligation to put out safe, reliable cars. If their negligence leads to a crash, you may have a legal case on your hands.
Read on more types of car accident claims here.
Common Types Of Fort Worth Car Accident Injuries
We’ve helped our clients receive the compensation they need to recover from all sorts of injuries, including:
- Whiplash: A sudden jerking of the head may cause back and neck injuries. This is common in rear-end collisions.
- Concussions: Common head injury in car crashes. May incur vision issues, memory loss, or difficulty with balance.
- Traumatic brain injuries (TBI): TBI is often caused by head-on collisions or rollover crashes.
- Spinal cord injuries: A spinal cord injury may result in loss of mobility or paralysis.
- Soft tissue injuries: Bruises, lacerations, and muscle sprains can occur as a result of a crash.
- Internal injury: Internal bleeding and bruising, even if they are not visible, this condition can be extremely dangerous.
- Broken bones: A forceful impact can easily cause fractures, most commonly in arms and legs.
- Burns: A car can easily catch on fire in a crash, exposing passengers to serious burns.
Our Fort Worth car accident lawyers understand how devastating these types of injuries can be. Often, car accident victims also experience post-traumatic stress disorder (PTSD, depression, anxiety, fear, as well as other issues). These are all real and valid injuries that can be addressed in a personal injury claim.
Get on the path to recovery. If you’ve been injured in a car wreck, contact a Fort Worth auto accident lawyer today at (713) 932-0777 to discuss your case. The first consultation is free.
Texas Motor Vehicle Accident Laws
The state of Texas uses an ‘at fault’ rule when it comes to car accidents. This means that the at-fault party (the party responsible for causing the crash) is the one who pays for damages—typically through their insurance carrier.
Texas Modified Comparative Negligence Law
Modified comparative negligence laws in Texas allow injury victims to recover some damages even if partially at fault. The compensation will be reduced in proportion to one’s percentage of blame. For instance, if you were in a crash and suffered $50,000 in damages and were found 20% responsible, you would only be able to recover $40,000.
The 51% Bar Rule
A critical tenet within this framework is the 51% bar rule. If the court finds you more than 51% at fault in a crash, you cannot recover damages from another party for the injuries or losses you suffered.
- 40% your fault, 60% theirs: You collect on 60% of your established damages.
- 60% yours, 40% theirs: You get nothing for your losses and injuries.
- 50/50 mutual fault: You each collect 50% from the other party’s insurance. There are very few cases like this.
Personal Injury Protection (PIP)
Personal injury protection (PIP) covers medical and other costs for injuries resulting from an accident, regardless of fault. This is a safety net for policyholders, providing a prompt payout to cover immediate needs—minimum $2,500 under Texas law—without waiting for litigation or the claims process.
Even if you have PIP, a Fort Worth personal injury lawyer may still be helpful—both to make sure the insurance company does not shortchange you, and to go after the at-fault driver’s insurance policy for anything PIP does not cover. PIP payouts tend to be limited. Accidents can easily accumulate in medical bills, property damage, lost income, etc.
Having a skilled Fort Worth car accident lawyer near me negotiating on your behalf is the surest way to maximize your compensation.
Requirements For Filing A Negligence Claim In Texas
In Texas, personal injury claims are made on the basis of negligence. To pursue a car accident claim, plaintiffs need to prove four elements.
- Duty: The defendant owed the plaintiff a duty of care. For motorists, that duty is to obey all traffic laws and exercise reasonable care when operating a vehicle.
- Breach of Duty: The defendant breached that duty of care by failing to act with reasonable care. This can include drunk driving, driving under the influence of drugs, driving and texting, or even failing to yield the right of way.
- Causation: The defendant’s breach of duty—and not external factors—caused the plaintiff’s injuries and damages.
- Damages: The plaintiff suffered tangible damages as a result of the defendant’s breach of duty. This can be economic, such as medical bills or lost wages, and non-economic, such as pain and suffering.
Winning Big With Our Fort Worth Car Accident Lawyers
For the best chance at a successful outcome, contact a Fort Worth injury law firm right away. At the TX law office of Simmons & Fletcher, P.C., our Fort Worth car accident attorneys have more than four decades of experience representing Texans involved in automobile crashes. We have the right resources to conduct a thorough investigation; including working with accident reconstruction experts and other professionals to build evidence in your favor.
We specialize in personal injury law. Our reputation with insurance companies precedes us—they know that we are not afraid to take car accident cases to court. We have three award-winning personal injury attorneys on the team at Simmons & Fletcher, P.C. along with dedicated legal support staff to assist clients.
- Paul H. Cannon is a board-certified Personal Injury Trial Lawyer, with over 50 car accident injury case wins under his belt. He has been recognized as a Super Lawyer in Texas Monthly Magazine from 2017 to 2023, and a Top 100 Lawyer by the National Trial Lawyers Association from 2017 to 2023.
- Sharon Simmons-Cantrell got her Texas bar license in 1991 and has been practicing personal injury law with Simmons and Fletcher ever since. She is a Texas bar-licensed lawyer with a proven track record who was recognized as a Top Lawyer by H Texas Magazine from 2013-2019.
- Christopher Keith Fletcher is armed with over 10 years of experience in aggressive and relentless legal representation. He was chosen as a Rising Star by Thompson-Reuters in 2020-2023, as well as a Top 40 Under 40 Attorney by the National Trial Lawyers Association in 2016-2023.
Whether you need a Fort Worth drunk driving accident lawyer, a Fort Worth truck accident lawyer, a Fort Worth motorcycle accident lawyer, or a Fort Worth wrongful death lawyer, the legal team at The Simmons & Fletcher, P.C. will fight to protect your legal rights.
Our attorneys will not back down from a challenge. We have the experience and skill necessary to help you get the money you deserve. Our stellar case results speak for themselves. Contact us today for your free initial consultation.
FAQ
Find our car accident FAQs below. For any other questions you may have, get in touch with our experienced car accident lawyers in the Fort Worth area.
How Long Do I Have To File A Negligence Claim In Fort Worth, TX?
You have two years from the date of the accident to file a negligence claim in Texas. This is known as the Statute of Limitations. It can, however, be difficult to determine precisely when the time frame begins—we call this when the cause of action ‘accrues’. Also, exceptions may apply. For example, for cases involving a minor, the two years do not begin to run until their 18th birthday.
To ensure you don’t miss the window, speak to an auto accident attorney in Fort Worth as soon as possible. Schedule a free case review here.
Who Can Be Held Legally Liable For A Car Crash In Fort Worth, TX?
In cases of negligence, the defendant may be a driver, a vehicle manufacturer, a municipality or other government agency responsible for the upkeep of public roads, a trucking company, or a mechanic who failed to carry out proper repair and maintenance work. A skilled Fort Worth personal injury attorney can help you prove fault and hold negligent parties accountable for damages.
What Damages Can I Pursue In A Car Accident Claim?
If you or a loved one has been seriously injured in a car accident, you may be entitled to compensation for economic and non-economic damages. These include:
- Medical bills: Surgery, hospitalization, ambulance rides, therapy, etc.;
- Lost wages: Lost wages and benefits, including missed promotions;
- Property damage: Repair or replacement of a vehicle;
- Pain and suffering: Non-economic damages, including mental anguish, loss of enjoyment of life, etc.;
- Funeral and Burial Costs: Available in wrongful death suits
- Punitive damages: Possible in cases of gross negligence, to punish at-fault parties.
Don’t settle for less. Find out how much your case is worth, and discover your legal options for maximum recovery. Contact our car accident attorneys in Fort Worth for a free case evaluation.
What Legal Fees Do Your Fort Worth Car Accident Lawyers Charge?
At Simmons & Fletcher, P.C., we operate on a contingency fee basis. You don’t pay a thing unless we win your case. Our fee is a percentage of the compensation secured for you (typically 33.3% for out-of-court settlements). This setup aligns with our interests–we are driven to maximize your recovery. It also means you can pursue justice without upfront financial stress.
How Long Will It Take A Fort Worth Car Accident Lawyer To Settle My Auto Accident Case?
The amount of the claim, injury severity, type of car accident, liability status, and other factors like court backlog will collectively affect your case timeline. For a relatively straightforward case, the time to settle is between 8-12 months post-accident. A complicated case (high value with severe injuries and multiple parties involved) may take up to three years. In some instances, no settlement is reached, and the case goes to trial.
Why Do I Need To Hire A Fort Worth Car Accident Lawyer Near Me?
By relying on a legal professional with specialist knowledge, you can be assured of a successful outcome that takes into account all applicable laws and regulations. A Fort Worth car crash lawyer can:
- Help you understand the legal process and provide legal advice, including applicable laws and procedures in filing a claim;
- Collect evidence such as police reports, medical records, and witness statements to demonstrate negligence;
- Draft and submit all necessary legal documents on time;
- Negotiate with insurance companies for the best possible settlement on your behalf;
- Advise you on any medical care you may need;
- Take your case to court if a settlement cannot be reached.