Can I Still File a Lawsuit After Accepting a Settlement?

Monday, May 11, 2020

It can be tricky to navigate a personal injury lawsuit alone as a claimant. The average accident victim does not know how to adequately protect his or her rights during the claims process. It can be tempting, for example, to accept the very first settlement an insurance claims adjuster offers. It is critical, however, to bring the offer to a lawyer first to see if it is fair and reasonable. Once you accept a settlement offer, even if it is unreasonably low, you cannot file a lawsuit against the same defendant for the same damages in Texas.

Can I Still File a Lawsuit After Accepting a Settlement? 2

Once You Sign, You Agree Not to Pursue a Lawsuit

A settlement is a legally binding agreement. It states that you agree to accept the money offered in return for giving up your right to bring a lawsuit against the defendant for the same tort in the future. You will forfeit your right to file a lawsuit against the defendant for the same injuries and losses once you sign to accept a settlement. Even if your injuries worsen in the future or you realize your claim is worth more than the settlement you received, you will be unable to pursue further compensation through the court system once you accept the settlement.
Before you accept, however, during settlement negotiations, nothing is binding. You and the insurance provider can go back and forth with settlement negotiations as much as you wish before you decide to file a lawsuit. You will not forfeit the option of bringing a lawsuit until you sign to accept the defendant’s settlement offer. Once you accept, it may be impossible to change your mind. For this reason, it is important to be sure accepting a settlement is in your best interests before you proceed.

Settlement vs. Personal Injury Lawsuit in Texas

Settlements and lawsuits both have pros and cons. The right solution for you will depend on your case’s individual factors. A personal injury attorney can review your specific case and guide you toward the ideal resolution. This might be a settlement if the insurance company handles your claim fairly and offers an amount that matches your medical bills, property repairs, lost wages and other damages. Most personal injury claims reach successful settlements. A settlement can save you time and money as a claimant. Do not accept a settlement, however, until you have spoken to an attorney.
Some cases will not achieve settlements and will need to go to trial in Dallas County. Claimants with catastrophic and life-changing injuries, for example, may benefit from going to trial over accepting settlements. Other claimants may face insurance companies that are refuting liability, meaning a trial will be necessary for a judgment award. While a trial could take longer to resolve and does not guarantee positive results, a successful outcome could provide a larger award for you as a victim depending on your case.

Carefully Review Your Options With a Lawyer

Accepting a settlement might not be in your best interests if the insurance claims adjuster is not handling your case fairly. Insurance companies often try to save money by limiting payouts, diminishing claim values, unfairly denying claims and delaying payments. It often takes a lawyer’s representation to force an insurance company to offer a more reasonable settlement. Once you accept a settlement, you generally cannot take it back.
Even after you accept a settlement from one defendant, you may have grounds to file a lawsuit against a different defendant. If multiple parties caused your accident and injuries, your lawyer may be able to file a third-party lawsuit for part of your damages from a different party even after you accept a settlement from the first defendant. Many accidents involve multiple defendants who share fault for damages. These claims can be complicated and require assistance from lawyers. Work with a Dallas personal injury attorney in Texas if you wish to ensure the best possible outcome for your case.

Posted by Aaron Herbert at 12:39 pm

Proximate Cause in Personal Injury Cases

Monday, May 11, 2020

Causation is a critical element in any personal injury claim in Texas. It is one of the four main elements of proof necessary for most claims. In general, a plaintiff’s attorney will have to prove a defendant responsible for the proximate cause of the injury in question to achieve financial compensation from that defendant. Defining proximate cause in a personal injury case in Texas could help you understand what elements you will need to prove your claim.

What Is the Difference Between Actual Cause and Proximate Cause?

The actual cause of an accident, also called the cause in fact, refers to the action or omission that caused the accident. For example, if a driver ran a red light and crashed into a motorcycle, the driver’s actions would be the actual cause of the accident. The proximate cause is the primary cause of the injury. The proximate cause is the action without which the plaintiff reasonably would not have his or her injuries. In the red light example, the driver running the light would be both the actual and proximate cause of the plaintiff’s injuries.
The likelihood of a cause being proximate grows as the cause becomes more directly connected to the injury. In the car accident example, for instance, the driver running the red light might be the actual cause of the accident, but if the victim’s seat belt malfunctioned, this could be the proximate cause of the victim’s injuries. Not all cases have a proximate cause. Some only have actual causes. Either way, a defendant may be liable for damages.
Determining whether a cause is proximate sometimes requires the but-for test. The but-for test asks what would have happened if the defendant had not committed the tort in question. It asks whether the injuries or damages in question would not have happened but for the defendant’s tort. If the foreseeably would not have happened, the defendant’s tort would be the proximate cause of the damages. If the plaintiff likely would have suffered the same damages regardless of the defendant’s tort, the tort would not be the proximate cause.

How Do You Prove Proximate Cause?

Most personal injury claims in Texas require the plaintiff to prove the defendant’s breach of duty was both the actual and proximate cause of the damages claimed. The plaintiff’s lawyer must establish through a preponderance of the evidence that the defendant’s actions catalyzed a chain of events that reasonably and foreseeably would have caused the plaintiff’s injuries. The evidence available to prove a defendant’s fault could include photographs, videos, police reports, medical records, witness accounts, crash reconstruction and expert testimony.
A common issue related to the proximate cause is two or more issues operating concurrently to produce a victim’s losses. For example, if a victim had a pre-existing injury from a sports incident and gets into a car crash, the pre-existing injury could be the actual cause of the damages in question. If the plaintiff can establish the defendant’s actions were the proximate cause of the accident, however, the defendant could still be liable, even if a pre-existing injury contributed to the extent of the damages claimed.
Proving proximate cause often takes proving the defendant’s majority share of fault for the accident. Otherwise, the defendant could use the comparative negligence defense to avoid paying the plaintiff. The comparative negligence defense alleges the plaintiff contributed to the accident. In Texas, if a defendant proves a plaintiff is more than 50% at fault for the accident or injury in question, the plaintiff will lose all right to financial compensation. Otherwise, a lesser percentage of fault would reduce the plaintiff’s financial award proportionately. An accident victim must hire a lawyer to help him or her establish proximate cause and combat the comparative negligence defense in Texas. A Dallas personal injury lawyer can increase the odds of obtaining maximum compensation.

Posted by Aaron Herbert at 10:02 am

What Happens If a Self-Driving Car Hits a Pedestrian?

Friday, May 8, 2020

Self-driving vehicles might be commonplace in the modern age, but that does not make them failsafe. Like all consumer products, self-driving cars can contain issues, defects, and hazards that make them unreasonably dangerous for operators and the public. Self-driving cars have already proven their potential risks with tragedies such as the first pedestrian death by a self-driving car in Tempe, Arizona. If a self-driving vehicle hits, injures or kills a pedestrian in Texas, it will most likely take a full investigation to determine fault and liability for damages.

What Happens If a Self-Driving Car Hits a Pedestrian? 4

Product Liability Laws and Self-Driving Vehicles

Texas’ product liability statute states that a manufacturer could be legally responsible for a dangerously designed, manufactured or marketed product if that product causes a consumer injury. Self-driving vehicles are no exceptions. If a self-driving car contains a defect that causes the vehicle to hit a pedestrian, the manufacturer of the vehicle and/or self-driving technology could be liable for the pedestrian’s damages. The plaintiff in this type of case, however, will have the burden to prove by a preponderance of the evidence that the vehicle contained a defect and that this defect was the producing cause of the injury or damage claimed.

Defects in the self-driving car’s inherent design.
Mistakes made during the manufacture of the vehicle or the installation of its parts.
Errors in the instructions or lack of adequate warnings for known risks related to the self-driving vehicle.
A breach of warranty by the self-driving vehicle’s manufacturer.

In the first pedestrian death involving a self-driving vehicle, the death of Elaine Herzberg in Tempe, the Uber vehicle failed to detect the pedestrian, who was walking her bicycle across the road. The vehicle did not stop or alert the human supervisor as to the pedestrian’s presence. Uber immediately suspended its tests in Arizona after the fatal accident, and Herzberg’s family filed a lawsuit against Uber for allegedly causing the death through equipment failure. Uber reached a nondisclosed settlement with the family shortly after the crash.

Who Is Liable?

When a self-driving car causes an accident, including one involving a pedestrian or bicyclist, multiple parties will investigate: the local police, insurance companies, lawyers and the manufacturer of the self-driving vehicle. Investigations will seek to determine the actual and proximate cause of the collision, such as a software glitch or product defect. The cause of the crash will then point to the identity of the defendant(s).

Vehicle manufacturer. The manufacturer of the self-driving vehicle could be liable for a defect in the car’s design and/or production that contributed to the accident.

Software or hardware technology vendor. If it was the autonomous software or hardware specifically at fault for the accident, the vendor that supplied the part could be liable.

The vehicle operator. Most self-driving cars still have human operators supervising as backup. If the operator was negligent in properly supervising or controlling the vehicle, he or she could be at least partially responsible for a pedestrian collision.

The pedestrian. The pedestrian could bear a portion of fault for jaywalking or crossing the road when it was illegal or unsafe to do so. Texas is a comparative negligence state, meaning partial fault under 51% will not bar a pedestrian from being able to recover damages.

The injured pedestrian or surviving family members of a deceased victim may be able to bring injury claims against one or more defendants for causing or failing to prevent a self-driving car accident in Texas. Multiple parties could be at fault depending on the details of the accident. The software company might be partially to blame for the failure to detect the pedestrian, for example, while the backup driver might also bear fault for not paying attention to the road or hitting the brakes on time. A plaintiff should hire a car accident lawyer in Dallas after a self-driving vehicle strikes a pedestrian for professional representation during this complicated type of lawsuit.

Posted by Aaron Herbert at 10:28 am

I Was in an Out-of-State Car Accident, What Do I Do?

Monday, May 4, 2020

No one can predict an auto accident. Collisions can happen when you least expect them – such as while on an out-of-state road trip or vacation. The insurance claims process can look different than it does in your home state after an out-of-state collision depending on the laws. Knowing what to do and how to handle these types of crash claims may take assistance from a local Dallas personal injury lawyer.

I Was in an Out-of-State Car Accident, What Do I Do? 6

What Happens When You Get in an Accident in Another State?

The rules you are familiar with in your home state may not apply in a car accident in another state. If you live in Texas, for example, you might be familiar with the state’s fault-based car insurance laws. These laws state that the person who caused the car accident will be liable for victims’ damages. If you were driving in a no-fault state such as Florida or New York, however, fault for the collision may not matter. In no-fault states, all drivers seek compensation from their insurers regardless of fault, with exceptions for serious injuries. You may need a car accident lawyer in the state where your crash occurred for legal advice about how to proceed with a claim.
First, take the steps you normally would after an accident in your home state. All states have similar hit-and-run laws that require drivers involved in collisions to stop and provide contact information. Pull your vehicle over and ask if anyone has injuries or requires medical assistance. Call 911 if the crash appears to have caused expensive property damages ($500 to $1,000 or more), injuries or deaths. Give your full name and contact information to the other driver. Provide proof of insurance if asked but do not admit fault for the car accident. Take photographs of your vehicle and the crash scene for use during an insurance claim.
Complicated out-of-state car accidents often require assistance from attorneys. Hire a car accident lawyer if your crash involves expensive property damages, debilitating injuries, liability disputes, or a crime such as a hit-and-run or drunk driving. You may also wish to consult with a lawyer for an overview of the state’s car accident laws, including fault and comparative negligence statutes that may differ from your home state. A lawyer in the state where your crash occurred could assist with the insurance claims and/or personal injury lawsuit process.

Will My Car Insurance Cover Me in Another State?

Yes, your car insurance covers you while driving in another state. In general, auto insurance policies do not have restrictions when drivers are out of state. If you permanently move to another state, however, your auto insurance company may have the right to deny your claim if you fail to update your address on your policy. Most states require you to update your insurance and acquire a state driver’s license within the first few weeks of residency. You will not need to change your insurance if you are simply visiting or driving through another state.
After a car accident in another state, call your insurance company to report the wreck. Your insurance provider will explain the claims process and investigate the crash. If your insurance company believes the other party is at fault and liable for your damages, it may file a claim on your behalf. You might receive a phone call from the other driver’s insurance company within a few days after the collision in this case. Be careful when talking to the insurance claims adjuster, as he or she will want to minimize your recovery. Do not admit fault and do not accept a settlement offer without first consulting with a lawyer.
If you were at fault for the car accident or the crash occurred in a no-fault state, your own insurance carrier may cover your damages up to your policy’s maximum. It should not matter if your collision occurred out of state. Your insurance provider will still be liable for your damages according to the language of your insurance policy. You may be eligible for compensation for your medical bills and/or property damages through a first-party insurance claim. Discuss your insurance options and rights after an out-of-state car accident in more detail with a personal injury lawyer.

Posted by Aaron Herbert at 11:04 am

What Is the Eggshell Skull Rule?

Sunday, May 3, 2020

Every victim is unique. No two people are exactly the same, with identical strengths and weaknesses. Some victims have medical histories, past injuries and pre-existing conditions that could exacerbate their injuries in an accident. The eggshell skull rule exists for these types of claimants. Learn how this doctrine might affect your claim as an accident victim with a pre-existing condition in Texas.

What Does the Eggshell Skull Rule Mean?

The eggshell skull rule states that a defendant who is liable for a plaintiff’s damages will be liable for them as they are. The defendant will have to pay for the plaintiff’s related medical bills, lost wages and other damages even if that plaintiff had a pre-existing condition that led to more severe injuries than another victim likely would have suffered. The defendant must take the plaintiff as-is, pre-existing conditions and all. The eggshell skull rule holds a defendant responsible for a plaintiff’s uncommon and unforeseeable reaction to the accident or tort.
Even if the plaintiff had a peculiar condition that magnified the effects of the tort, the defendant will be liable for the damages as they are. The rule takes its name from a common example of how it works: if a plaintiff had a weakened skull, as brittle as an eggshell, and sustained a catastrophic brain injury in an accident because of this pre-existing condition, the defendant will be responsible for all the victim’s losses – even if a victim with a stronger skull would not have had the same injuries. The doctrine holds a defendant liable for all the consequences of his or her actions, including those that were not foreseeable.

Does the Eggshell Skull Rule Apply to Emotional Injuries?

Texas law allows a plaintiff to claim damages for both physical and emotional injuries. Emotional injuries can refer to post-traumatic stress disorder, emotional distress, grief, humiliation, anxiety, depression, loss of consortium and lost quality of life. As of now, however, the eggshell skull rule does not apply to emotional injuries. It is only usable as a doctrine in physical injury claims. That does not, however, mean you will be unable to obtain fair compensation for your emotional injuries after an accident.
Although you may not be able to use the eggshell skull rule, you and your personal injury lawyer could argue your eligibility for noneconomic damages by demonstrating your losses using evidence. Emotional injuries may be invisible, but that does not mean they are impossible to prove during an injury claim. Evidence of emotional injuries can include medical records, notes from mental health professionals, expert witness testimony, an injury journal, and testimony from your friends and family members.

Does It Vary by State?

The eggshell rule can apply to both criminal and civil cases. In a criminal case, prosecutors can use the rule to hold the defendant accountable for all the injuries and consequences a victim suffered due to the crime, even if a pre-existing condition exacerbated these injuries. The eggshell skull rule, or a version of it, exists in most states. However, the exact law and specifics of each statute can vary by state and county.
In Texas, the eggshell skull rule protects plaintiffs with pre-existing injuries. It is up to the plaintiff or his or her lawyer to prove the existence and extent of the injury through medical documentation. The lawyer will also need to prove the defendant’s majority share of fault to protect the plaintiff’s eligibility for compensation. Texas is a comparative negligence state, meaning a plaintiff’s partial fault will reduce his or her financial recovery. If the courts find a plaintiff more than 50% at fault for the injury, the comparative negligence law bars the plaintiff from recovery entirely. Hire a personal injury attorney in Dallas to help you with your injury claim, especially if it involves the eggshell skull rule.

Posted by Aaron Herbert at 3:35 pm

Can No-Fault Insurance Cover Vehicle Damages?

Sunday, May 3, 2020

No-fault insurance is a type of auto insurance that restricts a driver’s ability to hold someone else responsible for a car accident. It covers the policyholder’s medical expenses for injuries from an auto accident, regardless of fault, using personal injury protection (PIP) coverage. Mandatory PIP insurance in no-fault states offers benefits for medical care after a car accident. It does not, however, cover property or vehicle damages.

Can No-Fault Insurance Cover Vehicle Damages? 8

What Is No-Fault Insurance?

No-fault insurance is a type of car insurance that is mandatory in only 12 states. It places financial responsibility on the policyholder after an auto accident regardless of whether he or she caused the crash. PIP insurance covers the policyholder’s medical bills without having to prove fault. Most states, however, exclude property damage coverage in no-fault insurance requirements. Therefore, you may have to pay out-of-pocket for property damages in a no-fault state unless you purchase comprehensive or collision coverage.
No-fault insurance aims to make the claims process more efficient by restricting litigation, reducing costs and avoiding delays in payouts. Since a driver does not have to prove fault, he or she can receive insurance benefits sooner than with fault-based insurance. The driver also does not have to pay for an investigation or litigation. In exchange for a faster and easier claims process, however, a driver in a no-fault state gives up the chance to hold the at-fault party liable for damages. This often means no payments for vehicle damages in no-fault states.

What States Are No Fault?

Most states in the U.S. use fault-based auto insurance laws, with only 12 exceptions. These 12 states use pure no-fault laws, meaning all drivers must carry personal injury protection insurance. Living in a no-fault state means drivers file accident claims with their respective insurance companies, regardless of who might have caused the collision. In pure no-fault states, drivers will not have the option of filing fault-based car accident claims unless their injuries qualify as serious under the state’s threshold.

Florida
Hawaii
Kansas
Kentucky
Massachusetts
Michigan
Minnesota
New Jersey
New York
North Dakota
Pennsylvania
Utah

Other states are not true no-fault states but offer no-fault insurance add-ons to drivers. These states are Arkansas, Delaware, Washington D.C., Maryland, New Hampshire, Oregon, South Dakota, Texas, Virginia, Washington and Wisconsin. Drivers in add-on states have the option to add no-fault insurance to their regular fault-based policies. After an accident, these drivers can decide whether to file no-fault or third-party claims depending on which would foreseeably result in greater compensation.

What Is the Serious Injury Threshold?

No-fault states bar most crash survivors from filing third-party claims unless their injuries are serious enough to qualify as an exception under the state’s injury threshold. This threshold differs from state to state. In general, serious injuries include broken bones, disabilities, or permanent scarring or disfigurement. If your accident is serious enough to meet the threshold in a no-fault state, a claim against the at-fault driver could pay for your vehicle damages as well as your medical bills. Otherwise, you might only qualify for vehicle repair compensation if you have the correct type of add-on insurance.
If you live in a fault-based car insurance state, the driver who caused your accident will be liable for your medical bills and any property damages. In Texas, for example, you may receive insurance benefits from the other driver if you or your car accident lawyer can prove his or her fault. All drivers in Texas must carry at least $25,000 in property damage liability insurance. This will pay for your vehicle repairs in an accident the other driver caused. If you caused the accident or live in a no-fault state, you may only receive coverage for vehicle damages if you have more than the minimum amount of insurance. The best way to ensure a fair insurance process after a car accident in any state is with help from a personal injury lawyer.

Posted by Aaron Herbert at 1:02 pm

Can a Pre-Existing Injury Affect My Personal Injury Claim?

Saturday, May 2, 2020

Any car accident claim can be difficult for a victim to navigate. If that victim has a pre-existing injury, however, it can be even harder to obtain a fair settlement from an insurance company. An insurance carrier might try to use a pre-existing injury as a reason to deny the claim or reduce payout. Learning how a pre-existing injury or condition might affect your personal injury claim can help you prepare for the process ahead.

What Is Considered a Pre-Existing Condition?

A pre-existing condition in terms of personal injury law is any health or medical condition for which the claimant has already received treatment or medical advice before the date of the accident. It can refer to any illness, injury, disease, mental health condition, nervous disorder or ailment the claimant had with reasonable medical certainty before the accident. Common pre-existing conditions include back injuries, degenerative disk disease, prior bone fractures, soft-tissue injuries, whiplash and brain injuries. Pre-existing conditions can also refer to asthma, diabetes and other medical conditions.

How Can it Affect an Injury Claim?

Having a pre-existing condition can impact your claim in a couple of ways. First, it could make the injuries you suffered in the accident worse than they would have been without your pre-existing condition. If you have degenerative disk disease, for example, a car accident could exacerbate this condition and cause an injury such as disk herniation. Your injuries and symptoms could be worse than someone without the pre-existing condition in the same situation. You may be eligible for greater compensation.
If an accident exacerbates a pre-existing condition, file an insurance claim for your injuries – including any physical ailments the accident worsened. A pre-existing injury will not bar you from recovery. You will have the right under the eggshell skull rule to claim damages for the aggravation of a pre-existing condition. The eggshell skull rule is a legal doctrine giving a plaintiff the right to obtain compensation from a defendant for a negligent or intentional tort that worsens the plaintiff’s pre-existing condition. It states that a defendant at fault for the tort will be liable for the victim’s injuries as-is – even if a pre-existing condition or peculiar characteristic magnified those injuries.

How to Handle a Claim Involving Pre-Existing Injuries

A pre-existing injury should not interfere with your right to recover compensation; however, an insurance company might tell you otherwise. The insurance company that receives your accident claim might try to avoid payout by alleging your injuries were pre-existing. The insurer might try to argue that you had the injuries before the accident and that its policyholder is, therefore, not liable for your damages. It is important to handle these claims carefully if you wish to recover fair compensation from a defendant in Texas.
Go to the hospital immediately after a personal injury accident. Disclose all pre-existing conditions. Keep copies of your medical records and treatment plans to show an insurance carrier later. When you file your insurance claim, do not sign anything or give the insurance company permission to access your medical records without first talking to a lawyer. The waiver the insurer might want you to sign could grant the company access to your full medical history rather than only the records related to your recent accident. This is a ploy an insurance company could use to try to argue the ineligibility of your injuries for coverage.
Hire a lawyer to help you with a claim involving a pre-existing condition or injury an accident exacerbated. These claims can be complicated and require a lawyer’s knowledge and skill. A lawyer can gather the correct medical records, protect you from insurance carrier bad faith, hire medical experts and argue for maximum compensation on your behalf. A pre-existing condition should not keep you from financial recovery after an accident in Texas. Work with a Dallas personal injury attorney to obtain the best possible results for this type of injury claim.

Posted by Aaron Herbert at 3:19 pm

Who Is At Fault in a Blind Spot Accident?

Friday, May 1, 2020

Even the most prudent driver cannot prevent blind spots. Blind spots are areas of the road that are impossible to see in one’s mirrors due to the design of the vehicle. It is possible, however, for a driver to mitigate the risks of blind spots and avoid accidents through maneuvers such as glancing over his or her shoulder before merging or changing lanes. When a blind spot does cause a car accident, it can be difficult to determine fault. The car accident may require an investigation of fault before victims can file personal injury lawsuits.

Who Is At Fault in a Blind Spot Accident? 10

How Can Blind Spots Cause Accidents?

A blind spot can be deadly at the wrong time and place. The inability to see surrounding vehicles when making a turn, backing up or changing lanes, for example, could lead to a collision between a vehicle and another driver, bicyclist, or pedestrian. All vehicles have blind spots. Longer vehicles, such as pickup trucks and semis, have larger blind spots than compact cars. Blind spots can lead to car accidents in many ways in Dallas.

Accidents while reversing. Safely reversing a vehicle requires being able to look in a driver’s mirrors and see obstacles, pedestrians or children. Unfortunately, blind spots can prevent a driver from noticing objects directly behind the vehicle. This can lead to devastating collisions while reversing.

Merge accidents. Merging onto a highway or road takes checking to make sure the way is clear before completing the maneuver. Although surrounding drivers should be courteous and allow the driver to merge, the merging driver has the responsibility of yielding the right-of-way and only merging when it is safe to do so. A blind spot could interfere with this ability.

Unsafe lane changes. Lane-change accidents are some of the most common car accidents in Texas. Many of these collisions occur due to blind spots impeding the driver’s view of the destination lane. A blind spot could hide a vehicle hovering next to the driver, for example, resulting in a serious lane-change collision.

A driver often has the power to prevent blind spot accidents. First, the driver should do everything he or she can to prevent blind spots. This includes adjusting side and rearview mirrors correctly to see more of the road. A driver should be able to see both sides of the road and the rear fully in the mirrors. Then, the driver should be aware of potential blind spots when making turns or merging. A driver should look over his or her shoulder rather than relying on mirrors alone to see obstacles a blind spot may hide.

Why Is Your Blind Spot Especially Dangerous?

Most drivers have blind spots. As a driver in Dallas, it is your legal responsibility to drive safely despite these blind spots. You must take measures to minimize your blind spots and ensure the safety of a maneuver before its execution. Your blind spot is especially dangerous due to the risk of striking a bicyclist or pedestrian. When driving around downtown Dallas, a blind spot could lead you to merge, collide, or turn on top of an oncoming bicyclist or pedestrian. Pay special attention to turn signal lights, bicycle lanes, and your blind spots in areas with vulnerable road users.

Liability for a Blind Spot Accident

In most cases, liability for a blind spot accident will go to the driver that had the blind spot. A blind spot is typically not a suitable defense for crash liability since the victim could argue that another reasonable and prudent driver would have been able to work around the blind spot and prevented the accident. If two vehicles merge at the same time and collide, however, liability can be more difficult to determine. In this situation, an investigation may be necessary to determine which driver was in the wrong. The at-fault driver will be the one who did not have the right-of-way, in most cases. A portion of liability for a blind spot accident may go to both drivers depending on the situation. Speak with our Dallas injury lawyer if you were in an accident and need legal advice.

Posted by Aaron Herbert at 12:47 pm

Month: May 2020