Car accidents in Dallas impact the lives of thousands of residents and visitors each year. As one of the largest and most populous cities in the United States, Dallas experiences a high volume of vehicular traffic on its extensive roadways, leading to a significant increase in the likelihood of accidents.
The tragedy of a car accident gets compounded when it occurs due to another's negligence. If you or someone you love was injured or killed in a car accident in Dallas, you deserve to recover full compensation for all of your losses. At Miller Weisbrod Olesky, our dedicated Dallas car accident lawyers are determined to protect the rights of injured victims. We will aggressively investigate your case to prove liability of the at-fault parties, and hold them accountable for all of the losses and damages suffered by you and your family.
It is important to know you and your family do not have to deal with your losses and attempts to recover from the insurance company alone. Miller Weisbrod Olesky, the leading car accident lawyers in Texas are here to provide you the guidance, support, and aggressiveness you need to secure the maximum financial compensation you deserve for your injuries and losses so you can focus on recovery and your family.
Our client was a passenger in a vehicle that rolled over after the driver lost control of the vehicle. As a result of the rollover, our client suffered serious personal injuries including a traumatic brain injury and numerous internal injuries that caused a prolonged hospital stay and likely long term cognitive problems. After an extensive case work up our Car Accident Lawyers recovered the full policy limits of $5,500,000 for our client.
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
Our Car Accident attorneys are led by Clay Miller who is Board-Certified in Personal Injury Trial Law. Less than 3% of all Texas attorneys have achieved board certification and less than that have a personal injury trial law board certification which required numerous jury trials and the passing a rigorous exam in the specialty.
Dallas Ranks Among the Most Dangerous Cities for Car Accidents
Dallas has earned the dubious distinction of being one of the riskiest cities in the US for car accidents, according to a recent report by Forbes Advisor. This report, which draws from data provided by the National Highway Traffic Safety Administration and Allstate Insurance, identifies North Texas cities as having some of the highest collision rates in the United States.
In the ranking of "Cities you are most likely to get into a car accident," Dallas shares the top position in the United States with Atlanta. But Dallas surpasses Atlanta in terms of car accident fatalities, with a rate of 16.5 per 100,000 people in the city's population, in contrast to Atlanta's 15.8. Car drivers in Dallas experience an average of 7.22 years between collisions.
Dallas features prominently in multiple categories within Forbes' 2023 report, including: "Top 10 Cities with Most Car Accident Fatalities," "Top 10 Cities with Fewest Years Between Collisions," and "Top 10 Cities with the Highest Relative Likelihood of a Collision."
The prevalence of car accidents in the Dallas-Fort Worth region can be attributed, in part, to its heavy reliance on automobiles, with over 2.1 million cars registered in Dallas County alone during the 2022 fiscal year, as reported by the Texas Department of Transportation. Statewide, Texas boasts more than 22 million registered vehicles, further highlighting the challenges and concerns associated with road safety in the region.
At-Fault System for Car Accidents in Dallas
In Dallas Texas the "at-fault" system for car accidents is based on the principle of determining fault and liability when accidents occur. This means that the driver who is found to be responsible or at fault for causing the car accident is typically responsible for covering the resulting damages, including medical bills and property damage. This system is also often referred to as a "fault-based" insurance system.
Primary Laws & Regulations That Determine "At-Fault" In Texas
Compulsory Liability Insurance: Texas Transportation Code, Title 7, Chapter 601
Outlines the requirements for mandatory liability insurance coverage for motor vehicle owners in Texas. It establishes the minimum liability insurance limits and the requirement for drivers to be financially responsible for any accidents they cause. All registered vehicles are required to carry at minimum $30,000 per person and $60,000 per accident of insurance. Many vehicles carry larger insurance limits.
Proportionate Responsibility: Texas Civil Practice and Remedies Code, Chapter 33
Governs the rules for proportionate responsibility in personal injury cases. This chapter outlines how damages are apportioned when multiple parties share fault for an accident. Texas follows a modified comparative negligence system, where a plaintiff's recovery may be reduced if they are partially at fault but not completely barred unless they are found 51% or more at fault.
Automobile Liability Insurance: Texas Insurance Code, Chapter 1952
Deals with automobile liability insurance policies and sets forth various requirements for insurers operating in Texas. It addresses how insurers should handle claims and the procedures for determining fault in accidents.
Accident and Crash Reporting and Responsibility: Texas Transportation Code, Title 7, Chapter 550
This chapter outlines the responsibilities of drivers involved in accidents in Texas, including the requirement to exchange information and report accidents to law enforcement when certain conditions are met.
These laws collectively establish the framework for the at-fault system in Texas, defining liability, insurance requirements, and the legal processes for handling car accidents where fault needs to be determined.
Types of Damages You Can Recover for a Dallas Car Accident Injury
If you have been injured in a car accident in Dallas, you may be eligible to recover various types of damages to compensate you for the losses and expenses you have incurred as a result of the accident. The types of damages you can potentially recover in a car accident injury case in Dallas include:
Medical Expenses: This category includes all reasonable and necessary medical and related care costs related to your accident injuries. It covers expenses such as hospital bills, doctor's visits, surgery, prescription medications, physical therapy, and rehabilitation.
Lost Wages and Loss of Earnings capacity: If your injuries have caused you to miss work, you can seek compensation for the income you've lost. This can include not only the wages you have already missed but also future earnings if your injuries result in a long-term disability or the inability to work at your previous capacity.
Pain and Suffering and Mental Anguish: Pain and suffering and Mental Anguish damages are intended to compensate you for the physical pain and emotional distress caused by the accident and your injuries. These damages are often subjective and can encompass physical pain, mental anguish, and loss of enjoyment of life.
Disfigurement or Scarring: If the accident has left you with visible scars or disfigurement, you may be entitled to compensation for the physical and emotional impact of these changes in your appearance.
Loss of Consortium: In some cases, the spouse of the injured party may be eligible for damages for the loss of companionship, affection, and support resulting from the injuries.
Loss of Enjoyment of Life (Physical Impairment): This category of damages addresses the loss of ability to participate in activities and hobbies you enjoyed before the accident due to your injuries.
Wrongful Death Damages: In the unfortunate event of a fatal car accident, surviving family members may be eligible to recover damages through a wrongful death claim. These damages may include funeral expenses, loss of financial support, mental anguish and loss of companionship.
Punitive Damages: In some cases, if the at-fault party's behavior is deemed particularly reckless or malicious, punitive damages may be awarded. These damages are intended to punish the wrongdoer and deter similar conduct in the future.
At Miller Weisbrod Olesky, we understand the challenges you face after an accident and injury due to another car driver's fault. Following the accident, your physical and emotional well-being as well as your financial stability is at stake. Our proven and trusted team of Dallas car accident lawyers is here to fight for your rights, ensure that you get justice, and recover the largest possible financial compensation on your behalf from all the liable parties.
How Our Attorneys will Prove Damages for Pain and Suffering and Emotional Distress for Your Dallas Car Accident?
Proving damages for pain and suffering and emotional distress in a Dallas car accident case is critical to achieving full and fair compensation. Our seasoned attorneys at Miller Weisbrod Olesky employ several strategies and methods to establish these damages on your behalf:
Medical Records and Expert Testimony: We will gather comprehensive medical records and consult with medical experts who can testify to the extent of your physical injuries and the pain and suffering they have caused. Medical professionals can provide valuable insights into your treatment, recovery process, and the lasting impact of your injuries.
Psychological Evaluations: Emotional distress is often a significant component of pain and suffering in car accident cases. We may seek psychological evaluations from experts who can assess the emotional trauma you have experienced due to the accident. These evaluations can help establish a link between the accident and your emotional distress.
Witness Statements: Eyewitnesses and individuals close to you can provide statements attesting to the changes in your behavior, mood, and overall well-being following the accident. Their accounts can help illustrate the emotional toll the accident has taken on your life.
Diaries and Journals: Keeping a diary or journal documenting your daily experiences, pain levels, and emotional struggles can be a compelling piece of evidence. It allows for a firsthand account of how the accident has affected your life, both physically and emotionally.
Therapy Records: If you have sought therapy or counseling to cope with the emotional aftermath of the accident, these records can demonstrate the impact of the accident on your mental health and emotional well-being.
Testimony from You: Your own testimony is essential in conveying the emotional distress and pain and suffering you have endured. Our attorneys will work closely with you to ensure your story is compellingly presented, emphasizing the hardships you have faced.
Comparative Analysis: We may also employ a comparative analysis approach, drawing on similar cases and settlements in Dallas to establish the appropriateness of the damages sought. This can help justify the compensation we are pursuing on your behalf.
Expert Witnesses: In some cases, we may enlist the testimony of expert witnesses in fields such as pain management, psychology or psychiatry to provide professional opinions on the physical pain and emotional trauma you have experienced.
Day-in-the-Life Videos: To vividly depict how your life has changed since the accident, we may create day-in-the-life videos that showcase your daily struggles and the challenges you now face.
By combining these strategies and leveraging our legal expertise, Miller Weisbrod Olesky will diligently work to build a strong case for your pain and suffering and emotional distress damages. The goal of our committed Dallas car accident attorneys is to secure the maximum compensation to help you regain control of your life and find a path toward healing and recovery.
The Role of Surveillance Camera Footage and Other Evidence in Proving Car Accident Liability
Surveillance camera footage and dash-cam footage can play a key role in establishing liability in car accident cases, especially because at-fault drivers will often provide a fabricated version of the events. At Miller Weisbrod Olesky, our Dallas car accident lawyers will find and utilize all available resources to uncover the truth and hold the negligent parties liable. Here's how we will obtain and utilize surveillance and dash-cam footage to recreate accidents and establish fault:
Identifying Potential Sources of Footage
Traffic Cameras: Many cities, including Dallas, have traffic cameras at intersections and along highways. These cameras capture real-time footage of road conditions and traffic incidents.
Business and Commercial Surveillance Cameras: Businesses often install security cameras on their premises, which may capture accident footage if it occurs nearby.
Dash-cam Footage: In many modern vehicles, dash-cams are installed, recording the driver's perspective. This footage can provide invaluable evidence of how an accident unfolded.
Swift Action to Collect and Preserve Evidence
Time is of the essence when securing surveillance and dash-cam footage. We move quickly to ensure that the footage is preserved and not overwritten or deleted, as many camera systems have limited storage capacity. Our legal team knows how to make formal requests for surveillance footage. We send spoliation letters or obtain Temporary Restraining Orders (TROs) to businesses and entities in possession of relevant footage, ensuring they retain it for use in the legal proceedings.
Hiring Accident Reconstruction Experts
We work with experienced accident reconstruction specialists who are skilled in analyzing accident scenes, vehicle damage, and available footage to recreate the sequence of events. Along with our in-house investigators, the accident reconstructionists will use the data from the footage, vehicle telemetry data, and other evidence to calculate vehicle speeds, braking distances, and the likely point of impact.
Obtaining Other Types Evidence
We will gather statements from eyewitnesses who may have seen the accident unfold. Their testimonies can provide vital context and corroborate or refute the information from the footage. Our team will collect physical evidence from the accident scene, such as skid marks, debris, and vehicle damage, which can be compared to the footage and reconstruction analysis.
Recreating the Car Accident
Computer Modeling: Our accident reconstruction specialists are equipped to use advanced computer modeling software to recreate the accident digitally, allowing for a detailed analysis of how the accident occurred.
Visual Aids: Our experts will create visual aids, such as diagrams, animations, and exhibits, to present the reconstructed accident sequence clearly and convincingly to judges and juries.
Most Dangerous Roads and Intersections in Dallas for Car Accidents
I-635 (LBJ Freeway): The Lyndon B. Johnson Freeway, or LBJ Freeway, is a major east-west corridor in Dallas. It is known for its high traffic volume, complex interchanges, and frequent congestion, all of which contribute to a higher risk of accidents.
I-35E (Stemmons Freeway): The Stemmons Freeway is another major north-south route in Dallas. It can become congested, especially during rush hours, and its interchanges with other highways can be challenging to navigate.
US-75 (North Central Expressway): The North Central Expressway is a heavily traveled route that connects downtown Dallas with the northern suburbs. Its high traffic density and frequent lane changes can lead to accidents.
Mixmaster Interchange: Located at the convergence of I-30 and I-35E near downtown Dallas, the Mixmaster Interchange is known for its complex network of ramps and lanes, making it prone to accidents and congestion.
I-20 (Ronald Reagan Memorial Highway): The Ronald Reagan Memorial Highway, particularly in the western suburbs of Dallas, can experience high speeds and traffic congestion, contributing to accident risks.
Northwest Highway (Loop 12): This major east-west roadway, also known as Loop 12, experiences heavy traffic, and its numerous intersections and frequent lane changes can lead to accidents.
Central Expressway (US-75) and Mockingbird Lane Intersection: This intersection in Dallas can be challenging to navigate due to heavy traffic and complex turning movements, making it a hotspot for accidents.
Dallas North Tollway: This toll road, which extends from downtown Dallas into the northern suburbs, can experience high speeds and traffic congestion, especially during peak travel times.
Harry Hines Boulevard: Harry Hines Boulevard, a major north-south roadway, is known for its commercial activity and can experience traffic congestion and accidents.
West Kiest Boulevard: This road, particularly in the southern part of Dallas, can experience a higher frequency of accidents, often due to heavy traffic and intersections.
Our specialists are prepared to provide expert testimony in court to explain their findings and support our case's argument for liability. In many cases, the compelling evidence we gather, including surveillance footage and reconstruction analysis, can lead to favorable settlements during negotiations with insurance companies and opposing parties.
Our proven and capable car accident lawyers in Dallas at Miller Weisbrod Olesky will leave no stone unturned to build a robust case and obtain the maximum compensation you deserve from all the liable parties for your injuries and losses. Give us a call to schedule your free, no-obligations consultation today. You will not be charged a fee unless and until we receive a financial settlement or verdict on your behalf.
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.
