Auto Accident Attorney

Car Accident Attorney Serving Arlington, Dallas, and Fort Worth Areas

Our trusted auto accident attorneys from the Law Offices of David Kohm take pride in the success we’ve achieved representing the victims of negligent drivers.  Over the years, we’ve guided our clients through every  facet of Texas traffic collision law. We offer our clients the support and professionalism they deserve.

Prepared to Tackle the Toughest Auto Accident Cases

Attorney David Kohm knows the emotional and financial impact that accidents and personal injuries have on each and every client that works with his firm. His unwavering commitment is to support you in all legal matters, including:

• Car accidents
• Drunk driving accidents
• Uninsured or underinsured motorist
• Motorcycle accidents
• Truck accidents
• Texting accidents

These are but a few of the areas of auto accident law that the auto accident attorneys at David Kohm practice in.

Auto Accident Attorney Tips

Spinal injuries are incredibly common with car accidents, so it is essential to get checked out by a doctor. If you feel any radiating pain or numbness, it is very important to see a doctor immediately as this could be indicative of a severe injury. Even in smaller collisions, our clients often have a delayed physiological response which necessitates being seen by a doctor-a day or two after their accident the client feels worse. As your auto accident law firm, we can help you get treated and insure that you do not have to pay any money out of your pocket to make sure that you receive the medical care you need. If you delay too long in seeking medical care or calling an auto accident attorney, you may not be able to win fair compensation for your case. Therefore, it is important that you seek medical and legal representation in a timely manner.

What should I do immediately after a car accident in Texas?

Immediately after a car accident in Texas, you should take the following steps to ensure safety, comply with legal requirements, and protect your rights:

Ensure Safety:

• Check for Injuries: Assess yourself, passengers, and others involved for any injuries. If anyone is hurt, call 911 immediately for medical assistance.
• Move to Safety: If possible, move your vehicle to the side of the road or a safe location to prevent further accidents or hazards. Turn on your hazard lights to alert other drivers.

Call 911:

• Report the Accident: Notify law enforcement and request medical help if needed. A police officer will come to the scene to create an accident report, which is essential for insurance and legal purposes.

Exchange Information:

• Collect Details: Exchange contact and insurance information with the other driver(s) involved in the accident. This includes names, addresses, phone numbers, driver’s license numbers, vehicle registration details, and insurance policy numbers.
• Document the Scene: Take photos of the accident scene, vehicle damages, and any relevant road conditions or traffic signs. This documentation can support your claim and provide evidence in case of disputes.

Avoid Admitting Fault:

• Be Careful with Statements: Do not admit fault or make statements about who is responsible for the accident. Focus on gathering information and documenting the incident without making definitive statements about liability.

Seek Medical Attention:

• Get Checked: Even if you don’t feel injured, see a doctor as soon as possible. Some injuries may not be immediately apparent, and medical documentation is crucial for your health and any potential claims.

Notify Your Insurance Company:

• Report the Accident: Contact your insurance company to report the accident as soon as possible. Provide them with the necessary details and cooperate with their investigation.

Keep Records:

• Document Everything: Keep a record of all related expenses, including medical bills, vehicle repairs, and any correspondence with insurance companies. This information will be useful for any claims or legal proceedings.

Consult with an Attorney:

• Seek Legal Advice: If you have concerns about liability, insurance coverage, or legal issues, consider consulting with an attorney who specializes in personal injury and auto accidents. They can help protect your rights and navigate the legal process.

By taking these steps, you can manage the immediate aftermath of a car accident effectively and ensure that you are prepared for any subsequent legal or insurance-related actions.

What Information am I Legally Required to Provide to the Police After an Accident in Texas?

In Texas, after a car accident, you are legally required to provide the following information to the police:

Your Name:

• You must give your full legal name to the responding police officers.

Your Address:

• Provide your current residential address so that it can be included in the accident report.

Vehicle Registration Information:

• Share details of your vehicle registration, which includes the vehicle’s make, model, year, and license plate number.

Driver’s License:

• If you have a driver’s license, you are required to provide it to the police. If you are driving without a valid license, it’s still necessary to provide any identification you have.

Insurance Information:

• Although not always directly required by the police, it’s important to provide your insurance information to the insurance companies involved and, if asked, to the police as well.

Additional Information to Consider:

• Description of the Accident: Provide a factual account of what happened, including the location, time, and circumstances of the accident.
• Contact Information for Witnesses: If there are witnesses, provide their names and contact details if requested.

Remember, while you must provide the required information, you are not obligated to disclose details about your immigration status or make statements about fault. Focus on giving the essential information requested and cooperate with the investigation to the best of your ability.

Do I have to Disclose My Immigration Status to the Police in Texas?

No, you do not have to disclose your immigration status to the police in Texas. When interacting with law enforcement, you are required to provide your name, address, and vehicle registration information, but you are not obligated to reveal your immigration status.

Here’s what you should know:

Legal Obligations:

• Required Information: You must provide basic identification information such as your name, address, and vehicle registration details if asked by the police.
• Voluntary Disclosure: You are not required to voluntarily disclose your immigration status. It is your right to remain silent about your immigration status during interactions with law enforcement.

Focus on Compliance:

• Legal Rights: Focus on complying with the legal requirements and providing the necessary information related to the accident. Avoid discussing your immigration status, as it is not relevant to the immediate legal obligations related to the accident.

Protection of Rights:

• Consultation with an Attorney: If you are concerned about how your immigration status might affect your situation, consider consulting with an immigration attorney who can provide guidance on how to protect your rights and navigate any potential legal issues.

In summary, while you must cooperate with the police by providing required information, you have the right to withhold your immigration status.

What if I am uninsured or underinsured in Texas?

If you are uninsured or underinsured in Texas, there are several important steps and considerations to keep in mind following a car accident:

Immediate Actions:

• Seek Medical Attention: Regardless of your insurance status, ensure that you and any passengers receive medical care if needed.
• Document the Accident: Gather as much evidence as possible, including photos of the scene, damages, and contact information for any witnesses. This documentation will be important for any future claims or legal proceedings.

Report the Accident:

• Notify the Police: File a report with the police, as it provides an official record of the accident. This report is crucial for your case and any potential legal actions.
• Inform Your Insurance Company: Even if you don’t have insurance, it’s important to inform your insurance company about the accident to avoid potential issues with your policy.

File a Claim with the At-Fault Driver’s Insurance:

• You can file a claim with the at-fault driver’s insurance company to seek compensation for damages and injuries. However, the process can be complex, and the insurance company may be less willing to offer a fair settlement.
• Consult with an Attorney: An experienced personal injury attorney can help you navigate the claims process and negotiate with the insurance company. They can also advise you on other potential avenues for compensation.

Consider Legal Consequences:

• Legal Penalties: Driving without insurance is illegal in Texas and can result in fines, license suspension, and other penalties. Address these legal issues promptly to avoid further complications.
• Possible Criminal Charges: If the accident involves significant damage or injury, you could face additional legal consequences related to driving without insurance.

Explore Other Options:

• Uninsured Motorist Coverage: If you have uninsured motorist coverage on your policy, you may be able to file a claim with your own insurance company for damages and injuries caused by an uninsured driver.
• Payment Plans: If you are liable for damages, consider negotiating payment plans with the other party or their insurance company to manage financial responsibilities.

Review and Obtain Insurance:

• Get Insurance Coverage: If you are uninsured, it’s important to obtain insurance coverage to protect yourself from future risks and comply with Texas law. Explore different insurance options and choose a policy that fits your needs and budget.

Overall, being uninsured or underinsured can complicate the aftermath of an accident, but taking the right steps, seeking legal advice, and addressing insurance and legal issues can help manage the situation effectively.

How Can I Seek Compensation if I am Involved in an Accident but do not have Insurance in Texas?

If you are involved in an accident in Texas but do not have insurance, you can still seek compensation through several avenues. Here’s a step-by-step guide to help you navigate the process:

File a Claim with the At-Fault Driver’s Insurance:

• Determine Fault: If the other driver is at fault, you can file a claim with their insurance company to seek compensation for damages and injuries.
• Submit a Claim: Provide the necessary information about the accident, including details of the damage and your injuries. Be prepared to negotiate with the insurance company and provide evidence to support your claim.

Consult with an Attorney:

• Seek Legal Advice: An experienced personal injury attorney can help you navigate the claims process, especially if you are uninsured. They can assist in gathering evidence, negotiating with insurance companies, and ensuring that you receive fair compensation.
• Legal Representation: If the case goes to court, having legal representation will be crucial in presenting your case effectively and advocating for your rights.

Explore Uninsured Motorist Coverage:

• Check for Coverage: If you have uninsured motorist coverage on your policy, you may be able to file a claim with your own insurance company for damages and injuries caused by an uninsured or underinsured driver. This coverage is designed to protect you if the at-fault driver does not have sufficient insurance.

File a Personal Injury Lawsuit:

• Pursue Legal Action: If you are unable to reach a satisfactory settlement with the at-fault driver’s insurance, you may consider filing a personal injury lawsuit against the at-fault driver. This can help you seek compensation for medical expenses, property damage, and other related costs.
• Court Proceedings: Be prepared for potential court proceedings, and consult with an attorney to guide you through the process.

Negotiate with the Other Party:

• Direct Negotiation: If insurance claims and legal actions are not viable, you can negotiate directly with the other party involved in the accident to settle any financial claims. This might involve arranging payment plans or reaching a settlement agreement.

Address Legal Penalties for Uninsured Driving:

• Resolve Legal Issues: Driving without insurance is illegal in Texas and may result in fines, license suspension, or other legal penalties. Address these issues promptly to avoid further complications and ensure compliance with state laws.

Consider Alternative Funding Options:

• Seek Financial Assistance: Explore other financial resources or assistance programs that might be available to help cover medical expenses or damages if you are uninsured.

Obtain Insurance Coverage:

• Get Insured: To protect yourself from future incidents and comply with Texas law, consider obtaining insurance coverage. Compare different insurance options to find a policy that suits your needs and budget.

Navigating the aftermath of an accident without insurance can be challenging, but seeking legal advice, exploring available coverage options, and addressing legal and financial issues can help you manage the situation effectively and seek the compensation you are entitled to.

What Steps Should I Take if I Need to File an Auto Accident Lawsuit in Texas?

If you need to file an auto accident lawsuit in Texas, follow these steps to ensure that your case is handled effectively and that you maximize your chances of receiving fair compensation:

Seek Medical Attention:

• Get Checked: Ensure that you and any passengers receive medical care for any injuries sustained in the accident. Keep detailed records of all treatments and medical expenses, as this documentation will be crucial for your case.

Gather Evidence:

• Collect Information: Gather all relevant evidence related to the accident, including photos of the accident scene, vehicle damage, and injuries.
• Obtain Reports: Secure copies of the police report and any other official documentation related to the accident.
• Document Expenses: Keep records of medical bills, repair costs, lost wages, and other expenses incurred as a result of the accident.

Consult with an Attorney:

• Seek Legal Advice: Consult with a personal injury attorney who specializes in auto accident cases. They can provide guidance on the strength of your case, legal options, and the best course of action.
• Review Your Case: Your attorney will help you understand your legal rights, evaluate your damages, and assist in determining whether filing a lawsuit is appropriate.

File a Complaint:

• Prepare Legal Documents: Your attorney will prepare a complaint or petition that outlines your allegations, the facts of the case, and the relief you are seeking. This document initiates the lawsuit.
• File with the Court: Submit the complaint to the appropriate court. In Texas, personal injury cases are typically filed in the county where the accident occurred or where the defendant resides.

Serve the Defendant:

• Official Notification: Once the lawsuit is filed, you must serve the defendant with a copy of the complaint and a summons. This informs the defendant of the lawsuit and provides them with an opportunity to respond.

Respond to Defenses:

• Prepare for Defense: The defendant may file a response to your complaint, which could include defenses or counterclaims. Work with your attorney to address these responses and gather any additional evidence needed.

Engage in Discovery:

• Exchange Information: Both parties will engage in discovery, a process where they exchange information and evidence related to the case. This may include written questions (interrogatories), document requests, and depositions.

Attempt Settlement:

• Negotiate: Before proceeding to trial, there may be opportunities for settlement negotiations or mediation. Your attorney will help you negotiate with the defendant or their insurance company to reach a fair settlement.

Prepare for Trial:

• Build Your Case: If a settlement cannot be reached, prepare for trial. This involves organizing evidence, preparing witness testimony, and developing legal arguments.
• Trial Proceedings: Your attorney will present your case in court, including opening statements, witness testimonies, and closing arguments.

Receive a Verdict or Settlement:

• Court Decision: After the trial, the judge or jury will deliver a verdict. If you win the case, the court will award damages based on the evidence presented.
• Settlement: If a settlement is reached, you will receive compensation according to the agreed terms, and the lawsuit will be resolved.

Appeal (if necessary):

• Challenge the Decision: If you or the defendant are dissatisfied with the trial outcome, you may have the option to appeal the decision to a higher court. Consult with your attorney to determine if an appeal is appropriate.

Collect Your Award:

• Enforce Judgment: If you win the case, work with your attorney to collect the awarded damages. This may involve additional legal steps if the defendant does not comply with the court’s judgment.

By following these steps and working closely with an experienced attorney, you can navigate the process of filing an auto accident lawsuit in Texas and pursue the compensation you deserve.

What are the Texas Laws Regarding Car Accident Claims?

In Texas, car accident claims are governed by several key laws and regulations. Understanding these laws can help you navigate the process of seeking compensation and ensure that your rights are protected. Here’s an overview of the relevant Texas laws:

Fault-Based System:

• Liability: Texas follows a fault-based system for car accidents, meaning that the party who is determined to be at fault for the accident is responsible for covering damages and expenses. The at-fault driver’s insurance is typically used to pay for the other party’s damages.

Statute of Limitations:

• Time Limits: In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit. This time limit applies to most personal injury claims, including those arising from car accidents. If you fail to file within this period, you may lose your right to pursue legal action.

Comparative Negligence:

• Shared Fault: Texas uses a modified comparative negligence rule. This means that if you are partially at fault for the accident, your compensation may be reduced based on your degree of fault. You can still recover damages if you are less than 51% at fault; however, your recovery will be reduced in proportion to your share of fault.

Insurance Requirements:

• Minimum Coverage: Texas law requires drivers to carry liability insurance with minimum coverage limits of $30,000 per person for bodily injury, $60,000 per accident for bodily injury, and $25,000 for property damage (30/60/25). Failure to maintain the required insurance can result in penalties, including fines and license suspension.

Uninsured/Underinsured Motorist Coverage:

• Optional Coverage: While not required, Texas drivers can opt to purchase uninsured/underinsured motorist (UM/UIM) coverage. This coverage helps protect you if you are involved in an accident with a driver who has insufficient insurance or no insurance at all.

No-Fault Insurance:

• Not Applicable: Texas does not have a no-fault insurance system. In no-fault states, drivers file claims with their own insurance companies regardless of who is at fault. In Texas, fault is determined, and the at-fault driver’s insurance is responsible for covering damages.

Duty to Report Accidents:

• Reporting Requirements: Texas law requires drivers involved in accidents that result in injury, death, or significant property damage to report the accident to the police. Additionally, if the accident involves damage exceeding $1,000, you must file a written report with the Texas Department of Transportation (TxDOT) within 10 days.

Evidence and Documentation:

• Burden of Proof: To support a claim, you must provide evidence showing that the other driver was at fault and that you suffered damages. This may include police reports, witness statements, medical records, and photographs of the accident scene and damages.

Settlement and Negotiation:

• Claims Process: Before filing a lawsuit, you may need to negotiate with the at-fault driver’s insurance company to reach a settlement. Insurance companies often seek to minimize payouts, so it’s important to carefully review any settlement offers and consult with an attorney if needed.

Claims for Property Damage and Personal Injury:

• Separate Claims: Claims for property damage (such as vehicle repairs) and personal injury (medical expenses, lost wages, pain and suffering) are generally handled separately. Ensure that you address both types of claims to receive full compensation for your losses.

Understanding these laws and how they apply to your specific situation is crucial for effectively managing a car accident claim in Texas. If you have questions or concerns, consulting with a personal injury attorney can provide valuable guidance and support.

How do I Obtain a Copy of the Police Report After an Accident in Texas?

To obtain a copy of the police report after an accident in Texas, follow these steps:

Wait for the Report to Be Available:

• Processing Time: Police reports may take several days to weeks to be processed and made available, depending on the police department and the complexity of the accident.

Contact the Police Department:

• Determine the Jurisdiction: Identify which police department or law enforcement agency responded to the accident. This could be a city police department, county sheriff’s office, or state trooper.
• Request the Report: Contact the appropriate police department or agency. You can usually request a report by phone, email, or in person. Ask for the procedure to obtain a copy of the accident report.

Provide Required Information:

• Identify the Accident: Be prepared to provide details about the accident, such as the date, time, and location, as well as the names of the parties involved.
• Personal Identification: You may need to provide personal identification or proof of involvement in the accident to access the report.

Submit a Formal Request:

• Complete a Request Form: Some departments require you to complete a specific form to request the report. Check if a form is available online or if you need to pick one up in person.
• Pay Any Fees: There may be a nominal fee for obtaining a copy of the report. Fees vary by department, so inquire about the cost and payment methods.

Receive the Report:

• Delivery Options: The report may be available in various formats, including paper copies, digital downloads, or mailed copies. Choose the delivery option that best suits your needs.
• Review the Report: Once you receive the report, review it carefully to ensure that all information is accurate and complete.

Follow Up if Necessary:

• Additional Copies: If you need multiple copies or if there are any issues with the report, follow up with the police department to address these concerns.

Consult with an Attorney:

• Legal Assistance: If you are involved in a legal dispute or insurance claim related to the accident, consulting with an attorney can help you interpret the report and use it effectively in your case.

By following these steps, you can obtain a copy of the police report, which is a crucial document for insurance claims, legal proceedings, and personal records related to the accident.

What Should I Do if the Other Driver Flees the Scene of the Accident?

If the other driver flees the scene of an accident, it’s important to take the following steps to protect your rights and increase the chances of locating the responsible party:

Ensure Safety:

• Check for Injuries: First, ensure that you, your passengers, and anyone else involved are safe. Seek medical attention if needed.

Call 911:

• Report the Incident: Immediately contact law enforcement and report the hit-and-run accident. Provide the police with all available information, including the location, time, and description of the fleeing vehicle.

Document the Scene:

• Collect Evidence: Take photos of the accident scene, including any damage to your vehicle and any debris. If you can, note down details of the fleeing vehicle, such as make, model, color, and any part of the license plate you observed.
• Witness Information: Gather contact information from any witnesses who saw the accident or the fleeing vehicle. Their statements can be valuable in tracking down the responsible driver.

Provide Information to Police:

• Detailed Report: Give the police a detailed description of the hit-and-run driver and their vehicle. The more information you can provide, the better the chances of locating the driver.

Notify Your Insurance Company:

• Report the Accident: Inform your insurance company about the hit-and-run accident as soon as possible. Provide them with the details you’ve gathered, including the police report number if available.
• File a Claim: Your insurance company will guide you through the process of filing a claim. If you have uninsured motorist coverage, it may help cover damages and injuries caused by the fleeing driver.

Seek Medical Attention:

• Get Checked: Even if you don’t feel injured, it’s important to see a doctor for a thorough examination. Some injuries might not be immediately apparent.

Follow Up with Law Enforcement:

• Stay Informed: Keep in touch with the police department to check on the progress of the investigation. Provide any additional information or evidence you may uncover.

Consult with an Attorney:

• Legal Guidance: If you have difficulty with your insurance claim or legal issues related to the hit-and-run, consider consulting with a personal injury attorney. They can help you navigate the claims process and advocate for your rights.

Monitor and Protect Your Credit:

• Fraud Protection: Ensure that you monitor your credit report and protect against potential fraud, especially if the fleeing driver’s identity remains unknown for an extended period.

Consider Public Awareness:

• Public Appeals: In some cases, sharing information about the hit-and-run on social media or through local news channels might help gather tips or leads from the public.

Taking these steps can help you address the situation effectively and work towards recovering damages and finding the responsible driver.

How Can I Prove Fault in an Auto Accident?

Proving fault in a car accident involves gathering and presenting evidence to demonstrate that the other driver was responsible for the incident. Here’s a step-by-step guide on how to establish fault:

Collect Evidence at the Scene:

• Photos: Take detailed photos of the accident scene, including the vehicles involved, their positions, and any damages. Capture close-ups of damage and broader shots of the scene.
• Witnesses: Obtain contact information from any witnesses who saw the accident. Their statements can support your claim.
• Skid Marks and Road Conditions: Document any skid marks, debris, or road conditions that might indicate how the accident occurred.

Obtain the Police Report:

• File a Report: Ensure that the police are called to the scene and a report is filed. This report provides an official account of the accident and may include the officer’s opinion on fault.
• Review the Report: The police report can be a crucial piece of evidence, but it is not always conclusive. Review it for accuracy and completeness.

Gather Medical Records:

• Document Injuries: Keep detailed records of any medical treatment and diagnoses resulting from the accident. Medical records can support claims of injuries and link them to the accident.

Obtain Statements and Testimonies:

• Witness Statements: Collect written statements from witnesses who observed the accident. Their accounts can help corroborate your version of events.
• Driver Statements: If possible, obtain statements from the other driver(s) involved. Be cautious with admissions of fault; focus on gathering objective evidence.

Review Traffic Laws:

• Understand Relevant Laws: Familiarize yourself with traffic laws that pertain to the accident. This includes rules about right-of-way, speed limits, and other regulations that may apply.

Consult with Experts:

• Accident Reconstruction: In complex cases, an accident reconstruction expert can analyze evidence and provide a professional opinion on how the accident occurred and who was at fault.
• Forensic Analysis: Experts can also examine vehicle damage and other evidence to determine how the accident happened.

File an Insurance Claim:

• Report to Insurance: Notify your insurance company of the accident and provide them with all gathered evidence. The insurer will investigate the claim and make a determination of fault based on the evidence provided.

Keep Detailed Records:

• Maintain Documentation: Keep organized records of all evidence, including photos, reports, witness statements, medical records, and correspondence with insurance companies.

Consult with an Attorney:

• Seek Legal Advice: If determining fault becomes challenging or if disputes arise, consult with a personal injury attorney. They can help you gather and present evidence, negotiate with insurance companies, and represent your interests in legal proceedings.

Prepare for Potential Disputes:

• Counterclaims: Be prepared for the possibility that the other party may dispute fault or claim partial responsibility. Having thorough evidence and documentation will help counter any claims made by the other party.

By following these steps and gathering comprehensive evidence, you can effectively prove fault in a car accident and support your claim for damages.

What to Expect From Your Auto Accident Attorney

As a client of the Law Offices of David Kohm, we want to assure you that your legal matters will be handled with the utmost discretion and privacy. Our many years of legal representation and extensive knowledge of auto accident litigation provide you with the security of knowing that we’ll handle your accident from the first time we meet until the day we achieve a final resolution or settlement. It is imperative that you be made aware of your legal rights, and we will work to get the best settlement possible for you. Our focus is to help you reach a quick and financially beneficial solution to your legal matters.

When you choose David Kohm as your auto accident attorney, you can expect:

• Free initial consultation
• Available 24/7
• Receive compensation for medical expenses, property damage, lost wages, and car repair expenses
• Rental car assistance

Our Arlington & DFW auto accident attorneys are ready to help if you’re ever in a car wreck. We serve the residents in the surrounding area as well so do not hesitate to contact us today to learn more about our auto accident attorneys, call David Kohm at 817-204-9000 or contact us online.

Se habla ingles y espanol. Llame David Kohm, Dallas-Fort Worth abogado de accidentes.