- What should you do first after a car accident in Carrollton, TX?
- How common are crashes in Carrollton and the DFW area?
- Which Texas laws affect your car accident claim?
- Who can be liable in a Carrollton car crash?
- What if you were partly at fault under Texas proportionate responsibility?
- What deadlines apply to Texas car accident lawsuits and insurance claims?
- What compensation can you pursue in a Texas car accident case?
- How do insurance claims work in Texas after a crash?
- What evidence strengthens a Carrollton car accident claim?
- What happens if the at-fault driver is uninsured or underinsured in Texas?
- How are wrongful death claims handled after a fatal crash in Texas?
- How does a lawsuit move forward in Dallas, Denton, or Collin County courts?
- What defenses do defendants and insurers commonly raise?
- How are settlements negotiated and taxed?
- How do contingency fees work for a Carrollton car accident lawyer?
- What questions should you ask when hiring a reliable Carrollton car accident attorney?
- Where do crashes happen most often in and around Carrollton?
- How does GoSuits help people after a Carrollton crash?
- Resources and citations
What should you do first after a car accident in Carrollton, TX?
Safety comes first. Move to a safe location if possible, check for injuries, and call 911. Texas law requires drivers involved in a crash to stop, exchange information, and render aid when necessary. The duty to give information and render aid is set out in the Texas Transportation Code § 550.023.
While you are still at the scene and in the hours after:
- Call law enforcement so a Texas Peace Officer’s Crash Report (CR‑3) can be created. These reports can be purchased later through the TxDOT CRIS system. See TxDOT CRIS crash report information.
- Seek medical care right away, even if you feel “fine.” Adrenaline can mask injuries. Prompt treatment also documents causation and the extent of harm.
- Exchange names, contact, driver’s license, license plate, and insurance details with all drivers.
- Take photos or video of vehicle positions, damage, skid marks, debris, traffic signals, and any visible injuries.
- Get names and contacts for witnesses and nearby businesses that may have cameras.
- Notify your insurer quickly. Be cautious with recorded statements and stick to facts.
If you were hurt, speaking with a Carrollton car accident attorney early can help you protect your rights on issues like evidence preservation, insurance communications, and deadlines. Texas civil law can be unforgiving if time limits are missed.
How common are crashes in Carrollton and the DFW area?
Carrollton sits at the crossroads of Dallas County, Denton County, and Collin County, with heavy traffic on I‑35E, President George Bush Turnpike, State Highway 121, Hebron Parkway, Trinity Mills, Josey Lane, Old Denton, and Belt Line. With commuters moving between The Colony, Lewisville, Plano, Addison, Farmers Branch, and Dallas, crash exposure is significant.
Statewide, Texas has experienced a long streak of daily traffic deaths. The Texas Department of Transportation notes that traffic fatalities have occurred on Texas roads every day for years. See TxDOT’s statewide safety campaign at End The Streak.
Nationally, traffic deaths remain high. NHTSA reports that more than 42,000 people die on U.S. roads each year, with major factors including speeding, impairment, and distraction. See NHTSA traffic deaths overview. These national and state trends reflect what many families in the Dallas–Fort Worth area experience daily.
Which Texas laws affect your car accident claim?
Several Texas statutes shape how a motor vehicle accident claim is investigated, negotiated, and litigated:
- Statute of limitations: In most Texas personal injury cases, you generally have two years to file suit. See Texas Civil Practice and Remedies Code § 16.003.
- Tolling for minors or persons of unsound mind: Limitations may be tolled. See CPRC § 16.001.
- Proportionate responsibility: Texas uses a modified comparative fault rule. A claimant more than 50 percent at fault cannot recover. See CPRC § 33.001.
- Reduction of damages by fault percentage: See CPRC § 33.012.
- Several liability and when joint liability can apply: See CPRC § 33.013.
- Recovery of medical expenses limited to amounts paid or incurred: See CPRC § 41.0105.
- Punitive damages caps: See CPRC § 41.008.
- Wrongful death and survival actions: See CPRC § 71.004 and CPRC § 71.021.
- Government claims notice: If a governmental unit is involved, timely notice is critical. See CPRC § 101.101.
- Prompt payment of claims for first-party insurance: See Insurance Code § 542.056 and § 542.058.
- UM/UIM coverage must be offered unless rejected in writing: See Insurance Code § 1952.101.
A Carrollton car accident lawyer can help you apply these rules to your unique facts and protect your claim against avoidable mistakes.
Who can be liable in a Carrollton car crash?
Liability depends on the facts and contributing causes. Potential defendants can include:
- Another driver for negligent driving behaviors such as speeding, distraction, or failure to yield.
- A commercial driver and the motor carrier under theories like negligent entrustment or negligent maintenance.
- A vehicle or component manufacturer in a product defect claim.
- A premises owner if dangerous property conditions contributed, such as negligently managed construction zones.
- A governmental unit for roadway defects or negligent operation of a government vehicle, subject to the Texas Tort Claims Act limitations and notice requirements in CPRC § 101.101.
When multiple parties share fault, Texas’s proportionate responsibility scheme determines allocation and recovery. An experienced motor vehicle accident lawyer can identify every responsible party and source of insurance coverage.
What if you were partly at fault under Texas proportionate responsibility?
Texas follows a modified comparative fault rule. If you are 50 percent or less responsible, your damages are reduced by your percentage of responsibility. If you are more than 50 percent responsible, you cannot recover from others. See CPRC § 33.001 and § 33.012.
This rule influences negotiations and trial strategy. Evidence such as dashcam footage, vehicle telematics, intersection timing data, and expert reconstruction can shift fault percentages. Even if you think you may share some responsibility, do not assume you have no claim. Speak with a Carrollton car accident attorney to evaluate fault under the law.
What deadlines apply to Texas car accident lawsuits and insurance claims?
Key timing rules include:
- Texas statute of limitations: Generally two years from the date of injury or death to file a personal injury or wrongful death lawsuit. See CPRC § 16.003.
- Tolling for minors or those of unsound mind: See CPRC § 16.001.
- Notice to governmental units: Often required within six months, and some cities have shorter notice in charters. See CPRC § 101.101.
- Insurance prompt-payment time frames for first-party claims: Texas law sets deadlines for acknowledgment, investigation, and payment decisions. See Insurance Code § 542.056 and § 542.058, as summarized by the Texas Department of Insurance consumer guidance at TDI auto claims tips.
Practical tip: Claims and lawsuits take time. Early investigation helps preserve video footage, 911 audio, event data recorder downloads, and witness memories.
What compensation can you pursue in a Texas car accident case?
In a civil car crash claim, recoverable damages may include:
- Medical expenses, limited to amounts actually paid or incurred under CPRC § 41.0105.
- Lost income and loss of earning capacity.
- Physical pain and mental anguish.
- Physical impairment and disfigurement.
- Household services and care needs.
- Property damage and loss of use.
- In egregious cases, exemplary damages subject to statutory caps in CPRC § 41.008.
For families, Texas allows wrongful death beneficiaries to recover certain damages and also recognizes a survival claim on behalf of the estate. See CPRC § 71.004 and § 71.021.
How do insurance claims work in Texas after a crash?
Texas is an at-fault state. Typically, you may:
- Make a third-party liability claim against the at-fault driver’s insurer.
- Use your first-party coverages such as Personal Injury Protection, Medical Payments, Collision, or UM/UIM.
Important items to keep in mind:
- Third-party insurers do not owe you the same duties they owe their policyholder. Be careful with recorded statements.
- First-party claims are subject to the Texas Prompt Payment of Claims Act timelines for acknowledgment and decision. See Insurance Code § 542.056 and § 542.058, and TDI’s consumer guidance at TDI auto claims tips.
- Do not sign broad releases or authorizations without understanding their scope.
- Keep your medical appointments and follow treatment plans to avoid disputes about causation and mitigation.
If negotiations stall, your attorney can file suit in the appropriate court to preserve your rights.
What evidence strengthens a Carrollton car accident claim?
Evidence can make or break fault and damages. Helpful items include:
- Texas Peace Officer’s Crash Report (CR‑3) and supplemental reports, obtainable through TxDOT’s CRIS portal.
- Traffic camera, doorbell camera, or business video from intersections like Trinity Mills, Hebron, or Josey Ranch.
- Body cam and 911 recordings, where available.
- Vehicle Event Data Recorder downloads, if supported by the vehicle.
- Photos of the scene, vehicle damage, and injuries.
- Medical records and billing statements showing amounts paid or incurred, consistent with CPRC § 41.0105.
- Employment records for lost wages and proof of reduced earning capacity.
- Accident reconstruction or human factors analysis when needed.
Quick action helps. Many private cameras overwrite footage within days. A letter of preservation from a Carrollton car accident lawyer can prompt entities to retain evidence.
What happens if the at-fault driver is uninsured or underinsured in Texas?
Texas law requires insurers to offer Uninsured/Underinsured Motorist coverage, and you must reject it in writing if you do not want it. See Insurance Code § 1952.101. UM/UIM can pay for damages when the at-fault driver has no insurance or not enough. The measure of underinsured damages is addressed in Insurance Code § 1952.152.
UM/UIM claims are first-party claims against your own insurer. Coverage, offsets, and procedural steps can be technical, especially after the Texas Supreme Court’s evolving UM/UIM jurisprudence. Consulting a Texas car crash attorney can help you navigate the process and preserve policy benefits.
How are wrongful death claims handled after a fatal crash in Texas?
When a crash is fatal, certain family members may bring a wrongful death claim for their own losses, and the estate may bring a survival claim for the decedent’s damages that accrued before death. See CPRC § 71.004 and § 71.021. The general statute of limitations is two years, although unique facts can affect timing. See CPRC § 16.003.
These cases are emotionally difficult. A wrongful death attorney in Carrollton can help families coordinate probate needs, identify all responsible parties, and assemble the economic and non-economic damages evidence needed under Texas law.
How does a lawsuit move forward in Dallas, Denton, or Collin County courts?
Most car accident lawsuits in Carrollton are filed in the state district courts or county courts at law that serve Dallas County, Denton County, or Collin County, depending on venue and amount in controversy. For a general overview of Texas trial courts, see the Texas Judicial Branch trial courts page.
Typical stages include:
- Pleading: The plaintiff files a petition and serves defendants.
- Discovery: Exchange of written discovery, depositions, and expert disclosures. Discovery can be focused or extensive depending on the complexity and disputes.
- Motions: Parties may seek summary judgment, evidentiary rulings, or sanctions where appropriate.
- Mediation or settlement conferences: Many courts encourage alternative dispute resolution.
- Trial: A judge or jury decides liability and damages under Texas rules, including proportionate responsibility in CPRC Chapter 33.
- Post-judgment and appeal: If needed, parties may seek relief or appeal.
Procedural requirements and local rules vary. A DFW car accident attorney familiar with Dallas, Denton, and Collin County practices can help you navigate deadlines and expectations.
What defenses do defendants and insurers commonly raise?
Common defense themes include:
- Comparative fault: Arguing the plaintiff was primarily responsible under CPRC § 33.001.
- Causation disputes: Claiming injuries were preexisting or unrelated.
- Medical necessity and reasonableness: Attacking the amount and necessity of billed care, invoking the paid-or-incurred rule in CPRC § 41.0105.
- Minor-impact argument: Pointing to low property damage to minimize injury.
- Seat belt or mitigation arguments: Alleging failure to mitigate damages consistent with Texas comparative principles.
- Phantom vehicle or sudden emergency: Alternative explanations to reduce fault.
- Status defenses: For governmental entities, immunity and notice under the Texas Tort Claims Act.
Well-documented medical records, biomechanical analysis when appropriate, and credible witness testimony can address these defenses.
How are settlements negotiated and taxed?
Settlement involves balancing liability risk, damages proof, insurance limits, and trial costs. Timing can be influenced by treatment milestones, impairment ratings, and expert reports.
On taxes, under federal law certain damages for personal physical injuries are excluded from income, but punitive damages and interest are taxable. See 26 U.S.C. § 104(a)(2) and IRS guidance on settlement taxability at IRS Settlements Taxability. Discuss tax treatment with a qualified tax professional.
How do contingency fees work for a Carrollton car accident lawyer?
Many personal injury lawyers in Carrollton, TX, handle cases on a contingency fee, often called a no win no fee arrangement. You typically pay no attorney’s fee unless there is a recovery. Case expenses and court costs are usually advanced by the firm and reimbursed from the recovery, but the exact terms depend on your written fee agreement. Ethical rules require the agreement to be in writing and clearly explain how fees and costs are calculated.
Ask for a free consultation car accident lawyer to learn how fees, costs, and net recovery are calculated so you can make an informed decision.
What questions should you ask when hiring a reliable Carrollton car accident attorney?
Choosing the right fit matters. Consider asking:
- Do you regularly handle motor vehicle injury cases in Dallas County, Denton County, and Collin County courts?
- How will you investigate liability and preserve evidence like video and EDR data?
- What is your approach to disputed causation or comparative fault under CPRC § 33.001?
- How do you calculate economic losses and present non-economic damages under Texas law?
- What is your trial experience, and when do you advise filing suit?
- Who will be my main point of contact, and how often will I get updates?
- What are the contingency fee and cost reimbursement terms?
You want a reliable car accident attorney who communicates clearly, is candid about risks, and understands local juries and insurers throughout the DFW metroplex.
Where do crashes happen most often in and around Carrollton?
Carrollton roadways like I‑35E, PGBT 190, SH‑121, Hebron Parkway, Trinity Mills, Old Denton, and Josey Lane see heavy daily traffic from zip codes 75006, 75007, and 75010. Surrounding corridors in Farmers Branch, Addison, The Colony, Lewisville, Plano, and Dallas contribute to congestion and increased crash risk. If your collision occurred in Hebron, Josey Ranch, or near Trinity Mills, try to identify nearby cameras quickly. Your Carrollton car accident lawyer can send timely preservation letters and request TxDOT CR‑3 crash reports to start building your claim.
How do plaintiff and defense perspectives differ in civil car crash cases?
Both sides analyze risk under the same statutes but emphasize different facts.
- From the plaintiff’s side: The focus is on documenting liability, making a clean causal link between the crash and injuries, presenting paid or incurred medical expenses under CPRC § 41.0105, and proving non-economic harms with credible testimony and medical support.
- From the defense side: The focus is on reducing fault percentage, challenging causation, limiting medical charges and future care projections, and applying statutory caps where applicable under CPRC § 41.008.
Strong preparation and early strategy help both sides assess reasonable settlement ranges and avoid surprises at trial.
How do you document medical bills and lost wages under Texas law?
For medical charges, Texas allows recovery for amounts paid or incurred, not full sticker charges where discounts apply. See CPRC § 41.0105. Keep all EOBs, invoices, and payment records. For lost income, collect employer statements, tax records, and, when needed, vocational and economic expert reports to support loss of earning capacity.
Should you give a recorded statement to insurers?
You usually must cooperate with your own insurer for first-party claims. For third-party liability claims, you are not obligated to give a recorded statement to the at-fault driver’s insurer, and doing so can affect fault allocation. It is safer to consult a motor vehicle accident lawyer before any recorded interview.
How does GoSuits help people after a Carrollton crash?
Your search may be “Carrollton car accident attorney near me” or “best car accident lawyer Carrollton,” but the real goal is simple: you want a reliable car accident attorney who will take care of the legal work so you can focus on healing. GoSuits helps people in Carrollton, TX and across the Dallas–Fort Worth area, including Dallas County, Denton County, and Collin County. If your case involves a collision in zip codes 75006, 75007, or 75010, or nearby in Hebron, Josey Ranch, Farmers Branch, Addison, Lewisville, The Colony, Plano, or Dallas, we can meet where it is convenient for you.
How a free consultation with a personal injury lawyer can help:
- We review the facts, answer your questions about proportionate responsibility and Texas deadlines, and outline next steps.
- We identify coverage sources, from third-party liability and commercial policies to your UM/UIM and PIP.
- We explain contingency fees in plain language and discuss costs, so there are no surprises.
Where we practice: GoSuits represents clients in Texas civil courts throughout the DFW metroplex and elsewhere in the state, handling cases from Carrollton to greater North Texas and beyond.
Technology-driven approach: GoSuits uses proprietary software to accelerate evidence collection, monitor medical care progress, and forecast case timelines. Our platform helps surface patterns in claims data and insurer behavior so we can act faster and smarter.
Exclusive proprietary software for faster, better results: Our internal system automates preservation letters, tracks TxDOT CR‑3 report availability, and syncs records from providers to make sure we are ready for settlement negotiations or trial preparation sooner. This reduces delays and helps present a clearer damages picture under Texas’s paid-or-incurred rule.
Leadership in innovation: GoSuits builds litigation tools in-house to improve claim visibility, task management, and communication. We believe transparent, tech-forward workflows create better collaboration and stronger outcomes for clients.
Past results for clients: We have secured meaningful recoveries for people injured in Texas motor vehicle collisions and other injury matters. Every case is different, and past results do not guarantee future outcomes. You can review sample matters at GoSuits prior cases.
Practice areas and experience: GoSuits injury lawyers handle motor vehicle collisions, rideshare and commercial vehicle cases, premises injury claims, wrongful death, and other civil injury matters. Our team offers more than 30 years of combined experience and trial readiness that helps drive fair settlements. When a dispute cannot be resolved, trial experience can make a real difference in how insurers value risk.
If you need a Carrollton car accident lawyer for a free consultation and a clear roadmap, we are here to help you consider your options and move forward.
Resources and citations
- Texas Transportation Code § 550.023 Duty to give information and render aid: https://statutes.capitol.texas.gov/Docs/TN/htm/TN.550.htm#550.023
- TxDOT CRIS crash report portal: https://www.txdot.gov/safety/crash-reporting/cris-purchase.html
- TxDOT End The Streak campaign: https://www.txdot.gov/safety/traffic-safety-campaigns/end-the-streak.html
- NHTSA traffic deaths overview: https://www.nhtsa.gov/road-safety/traffic-deaths
- Texas Civil Practice and Remedies Code § 16.003 Statute of limitations: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.003
- Texas Civil Practice and Remedies Code § 16.001 Tolling: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.001
- Texas Civil Practice and Remedies Code Chapter 33 Proportionate responsibility: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm
- Texas Civil Practice and Remedies Code § 41.0105 Paid or incurred medical expenses: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm#41.0105
- Texas Civil Practice and Remedies Code § 41.008 Exemplary damages cap: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm#41.008
- Texas Civil Practice and Remedies Code § 71.004 Wrongful death beneficiaries: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm#71.004
- Texas Civil Practice and Remedies Code § 71.021 Survival action: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.71.htm#71.021
- Texas Civil Practice and Remedies Code § 101.101 Notice to governmental units: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm#101.101
- Texas Insurance Code § 542.056 Acknowledgment of claims: https://statutes.capitol.texas.gov/Docs/IN/htm/IN.542.htm#542.056
- Texas Insurance Code § 542.058 Payment of claims: https://statutes.capitol.texas.gov/Docs/IN/htm/IN.542.htm#542.058
- Texas Insurance Code § 1952.101 UM/UIM offering: https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1952.htm#1952.101
- Texas Insurance Code § 1952.152 UIM damages: https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1952.htm#1952.152
- Texas Judicial Branch trial courts overview: https://www.txcourts.gov/about-texas-courts/trial-courts/
- Texas Department of Insurance auto claims tips: https://www.tdi.texas.gov/pubs/consumer/cb025.html
- IRS settlements taxability: https://www.irs.gov/government-entities/federal-state-local-governments/settlements-taxability
- 26 U.S.C. § 104(a)(2) tax exclusion for physical injury damages: https://www.law.cornell.edu/uscode/text/26/104
