Motor Vehicle Accident Cases We Handle
Our team of attorneys handles a variety of motor vehicle accidents including:
Types of Motor Vehicle Accidents
If distracted driving or other irresponsible acts of negligence by others led to your car accident, our experienced personal injury attorneys can help you pursue fair and adequate compensation for your injuries and losses.
What Our Lawyers Look for in Your Car Accident Case
The team at Van Wey Law has considerable experience working with a wide array of car accident cases, from those involving huge commercial vehicles to single-car crashes. Because of this diverse, in-depth experience, our car accident attorneys know just how to assess each case to determine both the responsible parties and their financial liability. Some of the most common factors in car accidents that could affect your potential claim include:
- Distracted Drivers – Driver distraction can mean talking on a cell phone, texting while driving, or any other in-car activity that diverts attention from the road. The Texas Department of Transportation reports that in 2011, driver distraction was to blame for more than 81,000 car accidents in Texas, of which 361 were fatal.
Statistics show that about 1 in 4 Texas car accidents involved a distracted driver. Van Wey Law takes the matter of distracted driving very seriously and offers a free anti-distracted driving book to educate the public about this deadly phenomenon.
- Other Drivers Disobeying Traffic Laws – We’ll examine accident evidence, reports, and witness accounts to determine if any of the drivers involved were disobeying driving laws at the time of the accident.
Our lawyers will use this evidence in building a strong claim against the other driver and his or her insurance company.
Another Important Factor to Consider in Your Car Accident Claim
- What Are the Insurance Policy Limitations? – Accident victims often depend on auto insurance companies for compensation after an accident. It should be noted that carrying a current and up-to-date insurance policy does not guarantee that a victim will automatically receive sufficient compensation.
Your attorney will examine the car insurance policies of all drivers to get an understanding of the policy limitations and the potential for financial award. Van Wey Law understands all of the steps to take after a serious car accident and is here to make sure your rights are protected.
What Are the Grounds for Legal Action After a Car Accident?
The purpose of filing a car accident claim or lawsuit is to secure financial compensation for serious injuries or wrongful death. If you’ve been severely injured, or a loved one was tragically taken from you due to the negligence of another driver, our car accident attorneys can make sure you receive the justice to which you’re entitled. Some of the severe injury cases Van Wey Law handles include:
- Multiple fractures;
- Neck & back injuries;
- Traumatic brain injuries; and
- Spinal cord injuries.
We Represent Families in Wrongful Death Cases
At Van Wey Law, we represent families in Dallas and beyond in cases where a victim has died as a result of a car accident. In these cases, families may be able to recoup funeral and burial costs, loss of future wages, as well as loss of companionship. We treat each and every case with the utmost care, compassion, and respect. Kay and her legal team make it a priority to help victims of the most serious accidents.
- To pursue a claim, the injuries should be significant. It may not be worth it to pursue compensation for minor injuries or temporary soreness, especially if the insurance company’s initial settlement offer is adequate to cover all medical bills. An attorney will need to see evidence of severe injury in order to initiate a legal claim.
- The victim must also have experienced significant damages. A car accident claim may be able to account for damages such as medical expenses, future income, pain and suffering, and more.
- Finally, evidence should exist regarding liability for the accident. Plaintiffs must be able to show that there is a direct connection between someone else’s negligence and the accident. There must be evidence that supports holding the insurance companies liable for damages.
Kay Van Wey can’t legally say she’s the best car accident attorney in Texas, but she and her team are well-versed in Texas driving laws, insurance company tactics, and the intricate process of pursuing a car accident claim.
Motorcycle accidents can cause devastating and permanently life-altering injuries. Because motorcyclists have very little protection against the much larger vehicles that constantly surround them, the injuries involved in a crash can be quite substantial. Van Wey Law works with victims who have been injured in a motorcycle accident to determine whether it is appropriate to file an injury claim. Personal injury claims and wrongful death claims that are filed in connection with motorcycle crashes are typically seeking financial relief for lost wages, medical bills, loss of limb, and other accident damages. Our attorneys are available for a free consultation to review your potential case and help you prepare for legal action.
Factors Causing Motorcycle Accident Injuries
According to recent reports by the Centers for Disease Control (CDC), motorcycle deaths are on the rise. Motorcycle-related deaths have increased by 55% since 2000 and crashes killed 4,502 people in 2012. Deaths and injuries to motorcyclists is a growing public health concern. Because of the growing popularity of motorcycles, deaths are expected to possibly double by the year 2015. Motorcycle injuries and deaths are often blamed on the driver of the motorcycle though many times this is not the case. Fighting the undeserved stereotype of the “reckless biker” is an important part of any motorcycle accident lawsuit, and our attorneys know exactly what needs to be done to accomplish this.
Common Causes of Motorcycle Injuries and Deaths
- Vehicle defects
- Debris on the roadways
- Poorly maintained roadways
- Lane changes by vehicles who fail to see a motorcyclist or don’t use a signal
The motorcycle accident book is available as a free download. There is no obligation associated with ordering the free book, though you may schedule a free consultation as a follow-up to ordering the guide.
Read more about how we help motorcycle accident victims and their families.
Kay Van Wey understands the complex nature of commercial vehicle and 18 wheeler accident cases and believes that every injured victim deserves for their voice to be heard.Our firm is well versed in the government regulations and private insurance factors that affect the odds of success of such a claim. We have experience handling complex cases and we strive to provide you with the individual attention, care, and compassion you need during such a difficult time.
Determining Fault in a Texas Truck Accident is Complicated
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) oversees the regulation of large commercial vehicles and 18 wheelers. A violation of FMCSA regulations can lead to serious or fatal accidents on the state’s highways.
We have an in-depth understanding of FMCSA regulations and how they interact with Texas state laws in truck accident injury claims.
One of the most important aspects of trying a commercial trucking accident case is determining all liable parties in the crash. Determining this liability hinges on recognizing who violated FMCSA regulations or otherwise acted negligently by violating traffic laws or other regulations.
Those Responsible for a Truck Accident May Include:
- The truck driver
- The owner of the truck
- The person(s) who loaded the truck
- The trucking company that employs the driver
- The mechanic responsible for maintaining the truck and
- The truck manufacturer (or manufacturer of truck parts).
Your case’s potential for financial compensation increases when all responsible parties are correctly identified. When you work with our firm, your attorney’s first order of business will be to investigate the details of the accident to determine where any FMCSA regulations were breached, and who was responsible for the lapse.
Things to Consider When Filing a Trucking or 18 Wheeler Accident Claim in Texas
The injuries involved in a truck/passenger vehicle collision may be much more severe than in a passenger vehicle accident. It isn’t hard to see why, given the difference in size and weight between a large commercial truck and a typical car. Van Wey Law can help victims who have suffered serious injuries such as:
- back and neck injuries
- traumatic brain injuries
- spinal cord injuries
- multiple fractures.
Furthermore, if the victim dies due to a truck accident, our attorneys will represent the family pursuing a wrongful death case. A lawsuit may help victims secure financial compensation for the damages they’ve incurred – this can include medical bills, lost wages, pain and suffering, and even emotional damages stemming from the accident. Because of the great risk involved in operating large, heavy, commercial vehicles, trucking companies, and drivers are required to carry substantial insurance policies in the event of an accident. Even so, it is common practice for a trucking company—and other involved parties—to deny accident liability in order to avoid paying out large financial settlements. This is why working with an experienced lawyer is beneficial to accident victims who might otherwise be unequipped to fight for fair compensation. When representing accident victims, our attorneys work to establish several important factors.
- Plaintiffs must demonstrate that they have suffered serious injury or a loved one has suffered a fatal injury as the direct result of the accident.
- It is also important to establish the damages the victim has suffered. This might include medical bills, loss of wages, and certain emotional damages.
- Finally, it’s our job to demonstrate that the trucking company’s negligence is what caused the victim’s accident and thus led to the serious injuries for which the victim is seeking compensation.
Evidence to demonstrate negligence and liability may include records of truck driver hours of service, a driver’s personnel file, a police report, accident scene investigation, and other key pieces of documentation or information. We can assist you in the process of gathering of your evidence. Kay Van Wey brings more than 30 years of legal experience to her team and has devoted her professional career to tackling weighty legal challenges.
Read more about how we help 18 wheeler accident victims and their families.
Distracted Driving Accidents
Dangerous distractions are one of the most common causes of car accidents today; in fact, cell phone use is to blame in 26% of all motor vehicle accidents in the United States. It is the fastest growing danger on Texas roadways today. In a moment’s notice, glancing at a cell phone, eating, or tuning the radio can cost a life. The sad truth is that these deaths are preventable. Still, many drivers cannot resist the urge to use their electronics while behind the wheel. It is our responsibility as drivers to have our attention on the road while driving. Otherwise, we endanger our own lives, the lives of our passengers, and the lives of other drivers. Distracted drivers who cause serious injury or death to another must be held responsible for their actions.
Distracted Driving Laws in Texas & Oklahoma
Texas laws on distracted driving are limited in scope and include a ban on:
- All cell phones for school bus drivers and novice drivers;
- Texting and driving for bus drivers and novice drivers; and
- Hand-held phones and texting in school zones.
Oklahoma distracted driving laws are even more limited in scope and include a ban on:
- Handheld devices for drivers with a learner’s permit or intermediate license;
- Texting and driving for bus drivers and drivers with a learner’s permit/intermediate license; and
- Cell phone use for bus drivers.
An Oklahoma statute prohibits local municipalities from enacting additional driver distraction laws. We are concerned that the lack of strong distracted driving laws is contributing to this growing danger. The Van Wey Law team carefully investigates the details of a victim’s case to determine if any existing bans were violated. The legal team of Van Wey Law also works to demonstrate to the courts how reckless and careless behavior—banned, or otherwise—contributed to the injury in question.
What Qualifies as a Distracted Driving Accident?
Distracted driving accidents are among the most preventable causes of injury on the road. Some of the more common forms of driver distraction include:
- Using a cell phone or smartphone to make a call, send a text message, or check email/Facebook;
- Eating or drinking;
- Grooming (applying makeup, fixing hair in the rearview mirror);
- Talking to passengers (such as children in the back seat); and
- Adjusting controls on the console or dashboard.
Most distracted driving cases involve one of the activities mentioned here, but there are many other ways a driver may be distracted. Our attorneys perform a thorough case investigation to determine exactly what caused the crash and your injuries. This investigation may include witness reports, cell phone records, and physical evidence from the accident scene.
A claim for a bus accident injury may be pursued in cases where a bus driver or company’s negligence led to serious or fatal injuries. These cases may involve numerous local, state, and federal laws, and multiple liable parties. An attorney with experience handling similar cases can investigate such a case and help collect the evidence required to successfully pursue a lawsuit. In a successful injury claim, your lawyer may be able to help secure fair financial compensation for your injuries. Damages often include monetary compensation for hospital bills, lost wages, and other losses. Here at Van Wey Law, we’re prepared to discuss with you what is required to initiate a claim and how to protect your rights after a bus accident.
The Grounds for a Bus Accident Injury Claim Under Texas Law
A victim of a bus accident may have the grounds to file an injury claim. Likewise, a deceased victim’s family may have grounds for a wrongful death claim in the event of a fatal accident. In order to initiate a claim, we will look at some of the following factors:
Were There Serious Injuries Involved in the Case?
A claim should only be filed in cases of serious injuries. A personal injury claim may not be warranted if the accident caused a few minor cuts or bruises, but no substantial injuries. On the other hand, if the wreck caused injuries like multiple fractures, brain injuries, spinal cord trauma, or long-term neck injuries, a victim may have grounds for a claim. This is especially true if those injuries led to lost wages, medical bills, pain and suffering, diminished quality of life, and a long-term or permanent disability. In the case of a fatal accident, we can discuss the option of filing a wrongful death claim to seek damages like funeral costs and loss of companionship.
Is There Evidence of Liability?
When you work with Van Wey Law, it will be your attorney’s number 1 priority to prove that one or more of the involved parties acted with negligence that resulted in the bus accident. A successful claim must be able to demonstrate a clear connection between a defendant’s actions (or lack thereof) and the victim’s injuries or death.
Common Factors Among Bus Accident Injury Claims
The term “bus accident” can refer to wrecks involving school buses, public transit (like city buses), charter buses, or commercial motor coaches. The Federal Motor Carrier Safety Administration (FMCSA) tracks fatal bus accident statistics for the country and reports that “about 63,000 buses are involved in traffic crashes each year.” An average of 325 bus accidents will result in a fatality and 14,000 will result in non-fatal injuries. A 2009 report from FMCSA – the most recent comprehensive study from the agency – shows that, of an average of 375 annual bus accident deaths, most are occupants of other vehicles or pedestrians/bicyclists. About 15 percent of fatalities occur amongst bus passengers. A 2011 investigative report from USA Today suggests government studies undercount bus accidents and fatalities, particularly those involving motor coaches. The newspaper cites safety advocates arguing that the National Highway Traffic Safety Administration’s findings have “given Congress and the public a false impression that buses are safer than they are and has thwarted efforts to promote tougher regulation.” Our team of experienced lawyers understands how conflicting statistics and reports may come into play in building a successful claim. When building a case, we even call upon the expert testimony of industry insiders. These witnesses speak to potential safety concerns involved in bus travel that may have contributed to your accident, including:
- Bus driver violations (exceeding recommended hours of operation, driving without license, operating while under the influence, disobeying traffic laws);
- Unsafe or poorly maintained equipment;
- Company error (unsafe hiring practices, demanding unreasonable driving hours, etc.); and
- Manufacturers’ errors (product liability on behalf of those who built and/or sold faulty buses or bus parts.)
Our staff of highly-trained, experienced, and compassionate lawyers evaluates the various parties that may be at fault when a bus accident results in serious injuries or fatalities. These liable parties may include city or local governments or private bus companies.
How Our Attorneys Build Your Bus Accident Lawsuit
Proving damages and liability in a bus accident case requires extensive legwork and research. In order to grasp the “big picture”, our team of lawyers engages in a variety of case-building activities including:
- Collecting evidence of damages;
- Securing expert testimony;
- Researching the bus driver, hiring company, and/or government agency involved in the crash;
- Interviewing witnesses;
- Filing all relevant paperwork;
- Speaking with all involved insurance adjusters; and
- Representing a victim during negotiations and trial.
Read more about how we help bus accident victims and their families.
We Represent All of Texas & Beyond
Kay Van Wey represents accident victims throughout the entire state of Texas, Oklahoma, New Mexico and beyond. She understands how to stand up to insurance companies that deny fair compensation for seriously injured victims. Kay’s victims have suffered serious, life-altering injuries that include:
- Back and neck injuries;
- Traumatic brain injuries;
- Spinal cord injuries;and
- multiple fractures.
The Van Wey Law team also represents families in wrongful death claims in cases where a victim has died as a result of a motor vehicle accident.
Do You Have Grounds for a Claim or Lawsuit Due to Your Injuries?
An attorney from Van Wey Law will work with you closely to determine whether you may be eligible to file a lawsuit. In order to pursue compensation for you, an attorney must ensure the following factors are true:
- There is evidence of serious injury or death – Bruises and other minor injuries do not generally warrant legal action. If, however, medical records and witness testimony demonstrate a serious, life-altering injury, there may be grounds for a claim.
- There are substantial damages – A victim and his or her family who have suffered damages (or losses) such as hospital bills, lost wages, loss of future earnings, pain and suffering, loss of companionship, and funeral costs may be eligible to recover compensation.
- There is evidence of liability – An attorney must be able to demonstrate that another party was responsible for the damage done. The lawyer must also be able to prove that the auto insurance company is liable for paying the damages.
When we accept your case, we handle the all the details from start to finish—including investigating the case, collecting evidence, interviewing witnesses, collecting expert testimony, and handling all relevant paperwork.
Why Choose Van Wey Law to Handle Your Case?
- Kay has been voted a Texas Super Lawyer for 12 years running (2003-2014). This is a prestigious honor bestowed upon her by her peers.
- She has even attained membership in the Million and Multi-Million Dollar Advocates Forum as a result of the success of past cases.
- She started out as a prosecutor in 1984 in her hometown in Oklahoma, and her experience there helped her develop her legal skills and prepared her for operating her own practice.
Kay understands the value of tenacity, hard work, and integrity. She brings this background and her work ethic to each and every motor vehicle case that Van Wey Law accepts. If you have questions about your accident or your injury as they pertain to a potential claim, we encourage you to contact us today. We’re headquartered in Dallas, but serve the entire State of Texas, Oklahoma, Illinois and New Mexico.