With its large population and busy highways, Texas is notorious for its high number of traffic accidents. The most common culprits behind these devastating incidents include driver negligence, such as excessive speeding or distracted driving. In fact, in 2021, the Texas Department of Transportation found that of the 4,496 traffic fatalities that occurred, distracted drivers were responsible for 436 deaths. Although 2022 saw a slight decrease in fatal car accidents compared to the year prior, there are still many dangerous roadways and unsafe drivers on the roads.
Understanding the factors that lead to these incidents is crucial for your safety and can provide you with a heightened sense of caution behind the wheel. If you or a loved one was injured due to the negligent actions of a careless driver, our car accident attorneys at Miller Weisbrod Olesky could assist you in determining who's responsible for your injuries and help you pursue full and fair compensation for your injuries and losses.
What Are the Most Common Causes of Car Accidents?
Many different circumstances contribute to a car accident. Some factors contributing to car wrecks include harsh weather conditions or vehicle defects; however, the percentage of accidents caused by human error, such as negligent, careless, or reckless driving, is significantly higher, accounting for an average of 563 car accidents per day in the state. At Miller Weisbrod Olesky, we know how to identify the cause of a crash and hold all liable parties accountable.
Some of the most common causes of car accidents in Texas:
Distracted Driving
When a motorist is distracted and not entirely focused on the road, anything could take their eyes or mind off driving. Among the most widespread distractions behind the wheel are texting or talking on the phone. According to the National Highway Traffic Safety Administration (NHTSA), approximately 660,000 drivers use handheld cell phones while operating their vehicles.
However, scrolling through social media, speaking, and texting on a cell phone are not solely to blame for distracted driving accidents. Activities like eating, drinking, grooming, talking to other passengers, or changing the volume on the stereo could lead to a tragic accident. While driving, practicing mindfulness, and focusing on arriving safely at your destination is essential.
Drowsy Driving
According to the NHTSA, in approximately 96,000 of crashes can be attributed to fatigued driving 800 people were killed. Drivers who don't get enough rest before heading out on the road put their safety and the safety of others at risk. It is extremely dangerous to drive while drowsy. If you're struggling to keep your eyes open, you may experience diminished mental capacity, impaired reaction times, and an increased chance of falling asleep behind the wheel.
A truck driver for the largest milk hauler in the United States fell asleep at the wheel, causing a wreck that killed our client's mother. When the insurance company wouldn’t settle, Clay Miller took the case to trial. During cross-examination, Clay made the driver admit he faked his logs and the safety director concede the company was grossly negligent. Just before closing argument, the case settled for $5.8 million.
Reckless Driving
Driving a vehicle in "willful or wanton disregard for the safety of persons or property" under Texas law amounts to reckless driving. Reckless driving behaviors such as driving more than 25 mph over the speed limit, passing in unsafe zones, tailgating, aggressive driving, failing to use a turn signal, or taking turns at high speeds endanger the lives of the driver and put others on the road at risk. Remaining calm and patient on the road, obeying traffic laws, and being considerate of other drivers can help prevent car accidents.
Excessive Speed
In 2021, the NHTSA estimates that speeding-related car crashes caused 12,330 deaths. While speed limits may seem inconvenient to some, they are developed to keep motorists and others sharing the road safe. The faster a vehicle travels, the greater the likelihood of a driver making a mistake.
Motorists who speed risk losing control of their vehicle, rear-ending another motorist, or causing a car accident that results in severe or deadly injuries. Slowing down and taking precautions when driving conditions change, such as heavy traffic or bad weather, is essential to avoid a hazardous situation. It is important to remember that arriving a few minutes earlier to your destination is never worth the potential consequences of a speeding-related crash.
Aggressive Driving
In Texas, aggressive driving may involve road rage, speeding, cutting off other vehicles, tailgating, running red lights, or blocking others from passing. Driving with road rage may result in the driver taking out their frustration on other drivers. Angry drivers speed and are more likely to commit reckless actions that increase the likelihood of an accident.
Driving Under the Influence
The NHTSA estimates that one person dies every 39 minutes in drunk-driving crashes. The legal blood alcohol concentration (BAC) limit in the state is 0.08%. Even though impaired driving has been on the decline nationwide, drunk driving remains one of the leading causes of auto accidents. Intoxicated drivers cause the most accidents between 2:00 and 3:00 a.m., with Saturday being the deadliest day for drunk driving. In 2015, Texas passed a law that requires all convicted DUI offenders to install ignition interlock devices in their vehicles.
Driving while under the influence of drugs or alcohol results in slowed reflexes, impaired cognition, and slower reaction times. If you plan on drinking, it is crucial to decide ahead of time who your designated sober driver will be, whether you will be using ride-share services, or find a safe space to stay overnight. Getting behind the wheel while intoxicated is extremely dangerous and puts not just your own life at risk but also the lives of innocent individuals.
When a drunk driver lost control of his sports car causing it to roll multiple times, our client who was the passenger, suffered severe personal injuries including blunt force trauma injuries, fractures and a traumatic brain injury. The Car Accident Lawyers of Miller Weisbrod Olesky were able to recover the total available insurance limits of $5,500,000 for our client.
Tailgating
When drivers follow other vehicles too closely, it reduces the time available to react to changing conditions or sudden stops. Because vehicles don't stop instantaneously when the brakes are applied, it is essential for drivers to leave some space between themselves and the vehicle in front of them.
If the vehicle in front brakes suddenly, the rear vehicle does not have enough room to stop safely, making it easy for an accident to occur. While it is difficult to know exactly how many car accidents are caused by tailgating, the NHTSA reports that 23% of all motor vehicle crashes are caused by rear-end collisions.
Wrong Way Driving
These accidents generally occur when a driver is under the influence, inexperienced, or fatigued. A tired, drunk, or inexperienced driver may misread a sign or fail to notice they are traveling the wrong way. Wrong-way driving is especially dangerous and often results in two vehicles colliding head-on leading to catastrophic personal injury or wrongful death of innocent drivers.
Maintaining or Changing Lanes
According to the situation analysis of the Road Safety Action Program, human factors were the leading contributor to approximately 90% of road traffic crashes. Improperly changing lanes without checking for oncoming vehicles, swerving into other lanes, or using passing lanes unsafely is one of the most dangerous activities drivers do. You should always use your turn signal, check blind spots, and give yourself enough time and space to change lanes safely.
Non-Human Factors That Cause Crashes
Weather Conditions
Extreme weather conditions are another typical reason for road accidents, and Texas is no stranger to heavy rain, thunderstorms, and even occasional snow. The best approach to preventing these types of accidents is to avoid driving in severe weather conditions; however, if you must drive, be sure to pay close attention to the road, exercise caution, adjust your driving behavior accordingly, and slow down.
Adverse weather conditions make driving challenging and can significantly increase the risk of accidents. Increasing following distance, slowing down, and turning on your headlights in dangerous weather can help mitigate the risk of an accident.
Dangerous Roadways
Poor road surface conditions play a significant role in a good portion of all car accidents. The NHTSA reports that 20.2 percent of all single-vehicle roadway departure accidents and 18.3 percent of all accidents with vehicles coming from the opposite direction are caused by dangerous roadways.
Cracked pavement, uneven surfaces, curves that are too sharp, poorly signed routes, or potholes are just a few of the typical roadway design and maintenance issues that might cause a serious car accident. If you were injured in a car accident caused by poorly designed roads, you could be entitled to compensation from the government agency in charge of maintaining the roads.
Defects in Vehicles
When a vehicle's parts are defective and fail at the wrong moment, it can lead to an accident. The NHTSA has identified that vehicle defects cause 4.5 percent of all crashes. Some accidents are brought on by problems with a vehicle's engine, transmission, brakes, tires, steering, or other parts of the vehicle. These accidents typically occur due to a flaw in the manufacturing process or vehicle design. In some cases, such as when an airbag fails to deploy, defective parts may not cause an accident but could play a part in someone's injury.
Unfortunately, many design or manufacturing flaws go unnoticed until it's too late. If a vehicle flaw results in an accident where you've sustained injuries, you may be able to pursue a product liability lawsuit against the automobile maker or designer. Any one of these unsafe driving habits can result in a life-changing accident for all parties involved. If you or a loved one was involved in an accident caused by a negligent or reckless driver, our car accident attorneys can help determine the cause of the accident and pursue compensation on your behalf.
What are the Leading Causes of Fatal Car Accidents?
In Texas, more people are involved in fatal car accidents each year than in any other state. A study by the Texas Department of Transportation found that every two hours and 15 minutes, a person is killed in a motor vehicle crash in Texas. Additionally, about every two minutes, someone is injured in a car accident.
While many different circumstances, such as adverse weather, can contribute to car wrecks, the vast majority of accidents are caused by driver negligence. A high number of Texas car accidents are caused by drivers who speed, fail to yield, make unsafe lane changes, tailgate, or drive while distracted. Across all age groups, drivers aged 18 to 34 were most often killed in fatal accidents.
Common Car Accident Injuries
Even when we do our best to avoid them, car accidents still inevitably occur. According to the CDC, motor vehicle crashes are the leading cause of injury in the United States. The aftermath of a car accident can range from minor to severe; regardless of the severity, you should seek medical attention as soon as possible if you have been injured in a car accident. Moving forward, understanding what steps to take is crucial to your well-being. Our experienced car accident attorneys can assist you with getting the best medical care available and help you retrieve full and fair compensation for your injuries and losses.
Here are some of the most common injuries caused by car accidents:
Broken Bones and Fractures
Broken or fractured bones are also quite common in car crashes. When a vehicle occupant braces themselves for the impact of an accident, these types of injuries often occur. Some of the most common injuries include broken arms, ribs, ankles, backs/necks, and legs. While minor fractures often heal relatively quickly, you may require surgery for more severe breaks.
Fractures may lead to long term consequences, many of which may not be evident for years to come. It is quite common for a car accident victim who suffers from fractures to develop accelerated post-traumatic arthritis that can lead to future impairment and even additional surgeries.
Spinal Cord Injuries
Spinal cord injuries commonly occur in car accidents involving blunt force trauma. When someone sustains a spinal cord injury during a car accident, it frequently results in partial or complete disability. These injuries are some of the worst victims can experience in a car wreck. These injuries can require a lifetime of medical and attendant care.
A knowledgeable Texas personal injury lawyer can help you or your loved one devise and recover for a life care plan that takes into consideration all the care needs for a catastrophic spinal cord injury.
Traumatic Brain Injuries (TBI)
The brain is delicate, and a traumatic brain injury can occur when it forcefully makes contact with your skull. During a collision, the brain may be impacted by its bony skull when a person's head hits the steering wheel or dashboard. TBIs are typically, but not always, include a loss of consciousness, amnesia, seizures, and skull fractures. However, because these types of injuries can be challenging to diagnose and detect in some cases, it is crucial that you receive medical attention as soon as possible if you hit your head during a car accident.
Our experienced car accident attorneys work with brain injury specialists such as neurologists, neuropsychologists, radiologists, therapists, and life-care planners to ensure that our clients receive compensation to cover all of their present and future care needs.
Internal Bleeding
Internal bleeding is one of the most serious injuries someone can sustain, due in large part to the fact that they may not be visible to the naked eye. Promptly addressing these injuries is crucial to ensure they do not lead to even more severe injuries.
Whiplash
When the head jerks back and forth in unnatural ways, it can lead to whiplash. Whiplash injuries can cause serious injury to the neck, muscles, and ligaments and are generally characterized by neck pain and swelling. These injuries are common in rear-end collisions and can be excruciatingly painful, keeping you bedridden for months.
If you are experiencing neck pain after a car crash, you should seek medical treatment to ensure your injuries are not more serious. Whiplash can lead to serious disc injuries in the cervical spine (neck) or even the lumbar spine (lower back). Disc herniations accompanied by unrelieved pain or neurological symptoms like numbness or radiating pain into arms or legs (“radiculopathy”) may require epidural spinal injections or even surgery.
What Car Accident Clients Say
This is my first time needing a law firm and I can’t think of anyone better, they were extremely courteous, and determined to get me exactly what I am owed. I can’t thank them enough for what they have done for me they really do care when it comes to their clients!
Ryan
Miller Weisbrod Olesky Client
Miller Weisbrod Olesky Can Help You Receive a Fair Settlement
The aftermath of a car accident can be devastating and life changing. Fortunately, if you were injured in a collision caused by a negligent or reckless driver, you may be able to seek compensation for various damages. At Miller Weisbrod Olesky, our personal injury lawyers know what it takes to obtain fair settlements for injuries arising from car accidents.
Our car accident legal team is led by Clay Miller Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. To obtain this Board Certification, lawyers must not only represent injury victims but prove in the courtroom that they can try cases to a jury verdict and then pass a rigorous examination proving they are experts in the field of personal injury trial law.
Meet The Leader In Car Accident Litigation With A Record Of Multi-Million Dollar Settlements And Verdicts
With a 30-year history heading the Car Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding negligent parties accountable and achieving multi-million dollar settlements and court verdicts for his clients. Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.
Clay is regularly invited to speak to Trial Lawyer Groups around Houston and across the state of Texas on the topics of motor vehicle accident laws, trial tactics and techniques, and how to prepare evidence and a winning legal strategy in Car Accident Cases throughout Texas. Clay was the featured speaker for the Texas Trial Lawyers Association on the new changes to trucking laws passed by the state of Texas.
Our car accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay represented dozens of trucking companies in lost profit and diminished value claims against Caterpillar in 2010 through 2012. These cases were filed in over a dozen states with the bellwhether trial set in Federal Court in Davenport, Iowa. After intense litigation and trial preparation, a global confidential settlement was reached for all the clients.
Clay's most recent 2017 victories are a $30,800,000 jury verdict in Tennessee arising from fraud claims in the sale of heavy-duty truck engines and a $26,500,000jury verdict in a construction accident, obtained within 60 days of each other.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
Josh Birmingham was born in Las Cruces, New Mexico and raised in the small oil town of Hobbs, New Mexico. He graduated from the University of Nebraska in 2004 where he was a part of the Big 12 champion baseball team and was a College World Series participant.
He obtained his law degree from the University of Tulsa: College of Law in 2007 where he earned numerous awards in Mock Trial and Negotiation competitions.
Josh began his career at another prominent law firm where he fought for the victims of other’s negligence.
After 9 years Josh left being a trial lawyer and became an executive for a healthcare consulting firm but his passion for helping others in the law quickly pulled him back. Josh has tried numerous cases in both state and federal court. Josh began his first day with Miller Weisbrod Olesky in trial with Clay Miller representing an injured construction worker, Fernando Canales. Josh second chaired the trial and handled all of the medical expert testimony in the case.
Josh is a member of the State Bar of Texas, American Association of Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and Dallas Association of Young Lawyers. He is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
Josh accredits his passion toward helping others to his mother Pam Parkinson, a nurse and business woman, and his father Ray Birmingham a college baseball coach.
Michael is a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Born and raised in Dallas, Michael attended Texas A&M University where he earned a Bachelor of Science in Political Science. Following graduation, Michael worked in sales for one of the largest trucking companies in the United States. While working in the trucking industry, Michael saw the dangers that can and do occur when companies put profits before safety, and safety is not provided its proper place at the table. It was at this point Michael decided to pursue a career in law to help those harmed by the negligence of others.
Michael attended the University of Houston Law Center, where he served as a Senior Articles Editor for the Houston Journal of International Law. Throughout law school, Michael clerked at one of the 5 law firms that represented the State of Texas against Big Tobacco, where he worked on cases ranging from catastrophic crane collapses, to sexual abuse cases to environmental class action lawsuits. Most importantly, Michael learned the law could be used to do a lot of good in peoples’ lives, and could help those who had been injured because of the carelessness of others.
After obtaining his law license, Michael moved to South Padre Island and practiced personal injury law in the Rio Grande Valley. While practicing in South Texas, Michael tried nearly 20 cases in federal and state courtrooms across South Texas, consistently obtaining verdicts significantly higher than the insurance companies’ offers. As a result of his success in the courtroom, Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation earned by practicing personal injury law almost exclusively, showing substantial success and experience trying personal injury lawsuits, completing extensive Continuing Legal Education in personal injury trial law, and passing a rigorous written exam demonstrating superior competence in handling personal injury cases.
Michael is married to Katlyn and has 2 young daughters, Kathleen and Mary Louise. Michael volunteers for the Dallas Volunteer Attorney Program, providing pro bono legal services to others in the community.
