Dallas Car Accident Caused by Poor Maintenance Lawyer
The Dallas area has a tremendous amount of traffic. No surprise then, that according to the Texas Department of Transportation Crash Statistics for 2018, Dallas had 31,950 total car crashes. Of those, 194 crashes were fatal with a combined 202 deaths, and 12,103 of the crashes resulted in injury, both incapacitating and non-incapacitating.
Among crash contributing factors for traffic incidents in Texas, you’d be amazed at the number of cases in which poor maintenance was partly to blame for the crash. If you or a family member has been injured in a traffic accident where poor maintenance was a factor, you will want to consult with a Dallas poor maintenance lawyer.
We can assist you with filing your insurance claim(s) against the driver, possibly the driver’s employer, and even transportation companies and other companies with a fleet of drivers. If it all comes back to a defective product that went bad before regular maintenance should have been needed, we can go after the product manufacturer.
What Poor Maintenance Includes
We are all supposed to keep our vehicles in working order, and replace or repair parts as they are needed. The same goes for companies that have a fleet of vehicles, such as government agencies, bus companies, trucking companies, construction companies, etc.
But what does poor maintenance include? When you look at those contributing factors, the police reports include items like:
- Defective or no headlights
- Defective or no brake lights
- Defective or no tail lights
- Defective or no turn signal lights
- Defective or no trailer lights
- Defective or no trailer brakes
- Defective vehicle brakes
- Defective, worn, or slick tires
- Defective steering wheel mechanism
- Defective trailer hitch
If the poor maintenance issue is listed as a contributing factor in the police report on your accident, then we’re given a head start on a claim of negligence on the part of the other driver or their employer. If it’s not listed on the police report, we can still dig into maintenance records on your behalf and see when the other vehicle was last inspected. The Texas Department of Public Safety requires vehicles to undergo a safety inspection each year.
A settled claim of negligence generally results in higher compensation for your injuries than an insurance company would normally pay out.
An Accident with an Individual Driver
If you are involved in an accident with an individual driver, the process of filing a claim is relatively simple. Generally, there is only one insurance company involved. As long as you were less than 50% at fault in the accident, you are entitled to file a claim for damages.
Let’s say the other driver hit you because they had faulty brakes. Or, you rear-ended them because they stopped suddenly but had no brake lights. These are classic cases where poor maintenance plays a part in the accident. Failure to keep up with routine maintenance is a form of negligence, especially if the driver had already been cited by police or if the vehicle failed inspection. Our experienced Dallas law firm can obtain all of that information to build your case.
If the other driver is uninsured or underinsured, we may still be able to get some compensation through your own auto insurance, or through the other driver’s employer, if they were driving for work. As you can see, there are many variables that determine who you need to file an insurance claim with or who you should consider filing a claim of negligence against. This is why working with a Dallas poor maintenance lawyer can make all the difference.
An Accident with a Commercial Driver
There are a lot of commercial trucks and buses traveling the roadway in the Dallas area. In some cases, the drivers are owner-operators, but in most cases, commercial drivers are driving a company vehicle. That means the company is responsible for keeping up with fleet maintenance.
Our accident investigators can obtain maintenance records and records of any employee complaints regarding vehicle safety. By teaming up with a Dallas poor maintenance lawyer, you are leveling the playing field against the company lawyers and their insurance company.
An Accident with an Uber or Lyft Driver
A crash with an Uber or Lyft driver can get a little complicated regarding which insurance company to go after. Of course, the gig driver is responsible for maintaining their own vehicle. However, according to their website, Uber does not require their drivers to have their vehicles inspected in order to drive for them. Lyft at least requires drivers to follow their local and state laws regarding vehicle inspections. In both of these situations, the gig driver’s vehicle could be a classic case of poor maintenance, or might even be in serious disrepair.
A big part of whether we can go after Uber or Lyft as a company depends on whether the gig driver had the rideshare app active when your crash occurred. If yes, then the rideshare company’s insurance helps cover the gig driver. If the app was turned off, both Uber and Lyft will maintain they have no insurance responsibility.
If your accident involves both poor maintenance and a rideshare company, your Dallas poor maintenance lawyer would coordinate your case with our Uber and Lyft accident lawyers. Our goal is always to get you the best compensation package.
Filing for Damages
The damages we can file for depend on the severity of your injuries, but can include:
- Current and future medical bills
- Therapy bills
- Payment for lost wages
- Loss of ability to work
- Emotional distress
- Wrongful death
Each case is different, and your Dallas poor maintenance lawyer will discuss all of the important factors with you.
Talk to an Experienced Dallas Poor Maintenance Lawyer for Free
Speaking to an experienced Dallas poor maintenance lawyer is free and may be the best decision you make after your accident. At our consultation, we’ll talk with you about the accident, the severity of your injuries, and any offers the insurance companies have already made. Then, we’ll decide together how to move forward. Remember, there are no fees unless you collect.
Call us today at (214) 305-8277 or use our contact form and someone will get back with you quickly.