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When you think of aggressive driving, you may imagine a dramatic incident involving road rage and a violent confrontation. The truth is, aggressive driving comes in many forms and causes a number of serious injury and fatality accidents on Dallas roadways every year.
If you suffered serious injuries in a Dallas car accident caused by an aggressive driver, you may be eligible to file a third-party insurance claim or personal injury lawsuit to collect compensation for your medical expenses, lost wages, pain and suffering, and other related costs. For help with your case, call an aggressive driving accident lawyer in Dallas at Lovins Trosclair today: 214-484-1930.
What qualifies as aggressive driving?
According to the National Highway Traffic Safety Administration (NHTSA) aggressive driving occurs any time “an individual commits a combination of moving traffic offenses so as to endanger other persons or property.”
Road rage is far from the only driving behavior considered “aggressive.” In fact, you may exhibit aggressive driving behaviors regularly and not be aware of it. This includes:
- Following too closely
- Driving while distracted
- Driving too slowly in the left lane
- Failing to obey traffic laws or signals
According to The AAA Foundation, these and other aggressive driving behaviors contribute to or caused more than 50 percent of all fatal car accidents in the U.S. in 2014. A chart published by the Insurance Information Institute shows speeding to be the most common aggressive behavior tied to serious car accidents. Other alarming statistics include:
- 3 percent of aggressive drivers in fatal crashes drove under the influence
- 7 percent of drivers in these fatal crashes drove distracted
- 4 percent of accidents resulted from a failure to obey traffic laws, signals, or officers
How can I get compensation after a Dallas aggressive driving accident?
Texas insurance laws require all drivers to carry a minimum amount of liability coverage in case they cause a crash. The purpose of this insurance is to help the victims of their negligent driving pay for medical care and other expenses after a collision. In Texas, drivers must have:
- $30,000 liability coverage per person
- $60,000 liability coverage per accident
- $25,000 coverage for property damage
In order to get the compensation you need from this policy, you must file an insurance claim with the at-fault driver’s insurance company. In the most basic of cases — usually with minor injuries and minor property damage — insurance companies can quickly provide you with the money you need to pay medical bills and have your car repaired. This is rarely the case, unfortunately. Even when the other person’s actions clearly caused the accident, and your damages are not severe, insurance companies often find any reason to deny providing you the compensation you deserve.
When the crash is more serious, rest assured that the insurance company will do whatever it can to get out of paying for your injuries. So be forewarned, the insurer may sound friendly, but keep your guard up. It may try to get you to admit fault for the accident, even if the other driver was 100 percent responsible. This is why you need Lovins Trosclair on your side.
Our attorneys will ensure that you do not do anything to jeopardize your claim. We will handle communications and negotiations with the insurer and even file a lawsuit against the other driver if the insurer refuses to give you the settlement you deserve.
What if the other driver was an uninsured or underinsured motorist?
In Texas, all car insurance companies must offer three optional types of coverage:
- Personal injury protection (PIP)
- Uninsured motorist coverage (UM)
- Underinsured motorist coverage (UIM)
All three of these coverage types provide extra compensation for you in certain circumstances after a crash. By filing one of these claims with your own insurer, you may recover compensation faster or gain compensation above and beyond what you can get with a third-party claim.
In order to opt out of this coverage, you must object them in writing. This means you may have this type of coverage and not even realize it. At Lovins Trosclair, we can help you make sense of your car insurance policy, and determine if you can utilize any of these coverage types in your case.
How do I prove fault for the accident?
In some aggressive driving accidents, the police report and testimony from the officer will be enough to prove the other driver acted negligently. In others, though, more evidence is necessary to show fault. Proving negligence requires meeting four elements:
- The other driver had a duty to drive in a certain manner, such as in accordance with traffic laws
- S/he failed to uphold this duty
- S/he acted in a careless manner, causing an accident
- You suffered injuries and/or property damage in the crash
Evidence for these cases can vary greatly, depending on the specific facts of your case. Did a camera in a nearby business capture video of the accident? Did the first responders on the scene make note of how your injuries occurred? These things could make a difference in your case, but they are not among the most common types of evidence used in these cases. That list includes:
- Police reports
- Eyewitness statements
- Accident reconstructions
- Expert witnesses
- Medical records
The team at Lovins Trosclair will also help you gather evidence and use it to build the strongest case possible.
What types of damages can I recover?
Filing a claim against the other party’s policy or your own uninsured/underinsured motorist policy allows you to recover compensation for a wide range of losses. This includes all of your accident-related costs up to the limit of the policy, and some noneconomic costs. Some of the most common damages are:
- Medical expenses
- Rehabilitation costs
- Lost wages
- Property damage
- Rental car expenses
- Other accident-related financial losses
- Pain and suffering
While PIP does not allow you to recover full damages, it will help pay for your medical bills and lost wages beyond what you recover from a liability claim or lawsuit.
How can Lovins Trosclair help with my case?
Lovins Trosclair helps the victims of Dallas aggressive driving accidents get the compensation they deserve for their injuries. We will handle your case from start to finish and ensure you get the help you need to recover physically, emotionally, and financially.
Call our Dallas office today at 214-484-1930 to schedule a free consultation.