Fault drives every personal injury case in Texas. You can have serious injuries, sympathetic facts, and clear damages, but without proving that someone else’s conduct legally caused your harm, the case collapses. Texas law doesn’t hand out compensation for “bad outcomes.” It pays for negligence, and sometimes for recklessness, when you can connect the dots with evidence and credibility. That’s the daily work of a Garland Injury Lawyer: gather, guard, and present those dots in a way that persuades an insurance adjuster, a mediator, or a Dallas County jury.
I’ve handled cases across Garland’s busy corridors—LBJ, I‑30, and the Senator Kay Bailey Hutchison Expressway—where a weekday afternoon can turn a simple lane change into a chain reaction. The people who call us aren’t looking for theory; they want a practical roadmap. Below is the approach I use and refine every week, shaped by Texas statutes, local court practices, and what actually sways decision-makers.
What “Fault” Means Under Texas Law
Texas follows modified comparative negligence with a 51 percent bar. If you’re 51 percent or more at fault, you recover nothing. If you’re 50 percent or less at fault, your damages are reduced by your percentage of responsibility. That single rule dictates a lot of strategy. Defendants rarely try to argue zero fault. They try to push your share over 50. Every detail they cast as careless—brake lights out, a rolling stop, a text message, a worn tire—feeds that argument.
Negligence has four elements: duty, breach, causation, and damages. Duty is usually straightforward in motor vehicle and premises cases: drivers must follow the rules of the road; businesses must keep their premises reasonably safe. Breach is the departure from that duty. Causation is both actual cause and proximate cause—the conduct must be a substantial factor in bringing about the harm, and the injuries must be a foreseeable result. Damages require proof with reasonable certainty: medical expenses, lost income, pain, impairment, and other legally recognizable harms.
This sounds textbook until an insurer says your back pain is “degenerative,” not traumatic, or a trucking company points to a third car that “really” caused the wreck. That’s where a Garland Personal Injury Lawyer earns the fee.
The First 72 Hours: Securing the Case You’ll Need Months Later
Evidence evaporates in days. Skid marks fade, digital recorder loops overwrite, and witnesses move. Those early steps don’t just help; they preserve leverage that can’t be recreated.
A Garland Accident Lawyer will typically start with a records sprint. We demand the crash report (CR‑3), call the investigating officer for supplemental notes, and request 911 audio. In truck cases, we send a preservation letter within 24 hours to lock down electronic control module (ECM) data, hours‑of‑service logs, driver qualification files, and dashcam footage. The letter spells out the categories under 49 CFR Part 395 and warns that spoliation—destroying evidence—can bring sanctions in court. Most carriers know the risk and comply; a few play games. Judges in Dallas County are not amused by missing black box data.
Witnesses matter more than most clients expect. Neutral bystanders often carry the day. We call them quickly, verify what they saw, and get recorded statements while memories are fresh. If the witness is elderly or moving out of state, we consider a preservation deposition. A three‑page transcript of a believable stranger who saw the other driver run a red light trumps hours of argument.
Photographs are time machines. I want wide shots of the intersection, close-ups of crush damage, glass patterns, and any paint transfer. On Belt Line Road at rush hour, I’ll send an investigator at the same time of day to capture traffic flow and sun angle, because jurors understand real life and visuals eliminate guesswork.
Building the Liability Story: Small Facts Beat Big Speeches
A liability story is not a slogan like “they were reckless.” It’s a chain of small facts that aligns with common sense. Consider a rear-end crash on Garland Road near Bass Pro. The defense says you slammed your brakes for no reason. Our investigator retrieves city signal timing data and a surveillance snippet from a car wash showing traffic abruptly slowing as a pedestrian stepped near the curb. The defendant’s own cell phone record shows an outgoing text seventeen seconds before impact. We test the defendant’s car and learn the brakes are fine, but the front tire was at 19 psi—confirmed by tow yard photos and the shop receipt. None of these facts alone wins the case. Together they sound like the truth because they are.
When a Garland Truck Accident Lawyer investigates an 18‑wheeler collision on I‑635, the details multiply. Commercial motor carriers live by paper trails. We look for out‑of‑service violations in the past twelve months, safety rating history, dispatch communications, and the maintenance log that should show when brakes were adjusted. If a driver exceeded 14 hours on duty or violated the 30‑minute break rule, telematics typically reveal it. Juries respect hard data. So do risk managers with seven‑figure policy limits.
Medical Causation: Where Cases Are Won or Lost
More personal injury disputes turn on medical causation than on who ran the stop sign. Insurers comb through your records hunting for the word “degenerative.” In your thirties, it’s common to have mild bulges visible on MRI even if you’re pain-free. After a crash, the same disc can herniate and compress a nerve. The defense will say the MRI looks “the same as before,” or that age, not trauma, explains your pain.
Here’s how we meet that argument. First, timeline. We show the “before and after” in plain terms. You coached soccer twice a week, worked full days, did your own yardwork. After the crash, you needed help to lift your toddler and missed two weeks of pay. Second, mechanism. If the impact direction and speed plausibly cause a flexion-extension injury, we have the treating physician or a biomechanical expert explain how that motion injures a cervical disc. Third, consistency. Pain complaints that align with dermatomal patterns and positive Spurling’s test results carry weight. Fourth, absence of prior complaints. If you saw a chiropractor five years ago for a brief strain and then pain-free living until the wreck, that gap matters.
Texas law doesn’t require pristine health. The eggshell skull rule means you take the plaintiff as you find them. A Garland Injury Lawyer doesn’t hide prior medical history; we frame it honestly and show the aggravation with medical testimony anchored in records, not speculation.
The Adjuster’s Playbook: Anticipate and Counter
Experienced adjusters in North Texas see hundreds of claims a year. They don’t need to be convinced a wreck happened. They need to be convinced your case would likely beat them at trial. They use three recurring strategies.
First, delay. They ask for “one more record” or “another 30 days” to review. Delay softens urgency and, in some cases, pushes a claimant toward a low settlement because bills are piling up. We cut that off with a complete, curated demand package that answers questions before they’re asked: records, bills with coding clarified, photos, wage loss documentation, and a liability memo citing statute or ordinance where helpful.
Second, doubt. They question the severity, point to a minor property damage figure, and argue low delta‑V. That’s when we show photos from more than one angle, repair estimates that break down structural versus cosmetic damage, and any frame measurements. Minor visible damage can still produce meaningful injury, especially in mismatch collisions where a heavier vehicle transfers force into a smaller compartment.
Third, divide. They try to raise your percentage of fault. Was the blinker on? Were your brake lights working? Did you have a chance to avoid? We answer with specifics—bulb status from tow yard inspection, BCM data if available, and, where helpful, a human factors expert on perception‑reaction time under nighttime conditions in rain.
A Garland Personal Injury Lawyer doesn’t brawl for the sake of it. The point is to make the adjuster’s spreadsheet light up on “risk of loss at trial.” When that cell flips from green to red, negotiations change.
Comparative Negligence: Managing Your Own Exposure
I like to assume the defense has something on us. It sharpens preparation. Maybe you were speeding five over, or you glanced at a navigation app. The difference between 10 percent and 55 percent fault is the difference between a compromised recovery and none at all.
On a night crash at the intersection of Broadway and Centerville, suppose both drivers say the light was green. The crash report is neutral. Our team canvasses nearby shops for video and finds a clip that shows traffic flow consistent with our timing. We also retrieve the vehicle’s event data showing your speed in the five seconds before impact, and that you braked 1.2 seconds after the light turned yellow. That helps draw your fault below the tipping point. The story isn’t that you were perfect. It’s that you behaved within ordinary care, while the other driver blew through a stale yellow into a red.
Premises cases carry their own comparative hazards. Texas invites arguments about open and obvious conditions. If a spill near a store’s drink station was visible and you stepped right into it while staring at your phone, your share climbs. If the store created the hazard or had constructive notice—sticky cola tracked for 20 minutes on security video—your share drops. A Garland Accident Lawyer frames these nuances with surveillance review and inspection logs, not adjectives.
The Paper Backbone: Documentation That Persuades
Documentation is the spine of the case. Medical records are central, but they often need context. I ask clients to keep a simple recovery journal, not daily essays. Note key appointments, sleepless nights, missed events, and turning points like “first day I drove again.” Jurors don’t want drama; they want a window into lived impact.
Wage loss claims benefit from clean math. Salaried workers need pay stubs and a letter from HR confirming missed days and rate. Hourly workers can show average hours from the preceding quarter. Gig workers and small business owners pose more challenge. A rideshare driver’s weekly app summaries, mileage logs, and bank deposits help substantiate. For a contractor, 1099s, profit and loss statements, and a short affidavit explaining seasonality can frame the loss credibly.
Property damage documentation matters too, even when bodily injury is the main event. It sets the tone with the insurer. Accurate repair estimates with line items, supplement requests, and total loss valuations based on local comparables reduce room for argument and subtly anchor seriousness.
Experts: Use Them Sparingly, Choose Them Well
Not every case needs a stable of experts. In crashes with clear liability and straightforward injuries, treaters can carry the medical narrative. But when the defense hires a biomechanical engineer or an orthopedic IME to attack causation, a measured response is necessary. I prefer experts who still practice in their field. A board‑certified spine surgeon who spends four days a week in the OR sounds different from a professional witness. Jurors pick up the difference in two minutes.
Accident reconstructionists add the most value when physical evidence is rich: yaw marks, crush profiles, event data, or commercial vehicle telematics. In a truck underride case on I‑30, reconstruction may be non‑negotiable. In a parking lot sideswipe, it’s overkill.
Life care planners and economists enter the picture when injuries are permanent. A cervical fusion for a 35‑year‑old is not a one‑and‑done expense. Hardware may fail, adjacent segment disease is a known risk, and future imaging and therapy have predictable costs. A well‑grounded future care plan isn’t speculation; it’s an actuarial look at what the next decades will likely require.
The Demand Package: Turning Facts into Leverage
When the record is ready—not perfect, but solid—we prepare the demand. The cover letter is not a rant. It’s a brisk walk through liability, causation, and damages, with exhibits organized and labeled. In truck cases, we cite specific violations and link them to causation with timestamps from logs and ELD data. In car cases, we coordinate scene photos with the crash report diagram and witness statements so the adjuster visualizes sequence.
Two elements often shift outcomes: non‑economic damages and future risk. I include concise vignettes that show the human side without melodrama. The barber who cannot stand through a Saturday shift. The mother who learned to pick up her baby using her forearms because her grip failed after three minutes. These are not add‑ons; they are the case. Then I quantify future exposure where appropriate. If a treating surgeon says there’s a 20 to 30 percent likelihood of future surgery with an estimated cost range, that uncertainty is a cost the insurer must price now.
When Negotiations Stall: Mediation and the Shadow of Trial
Mediation is common in Dallas County. A good mediator forces both sides to confront risk. I bring demonstratives—blow‑ups of the ECM timeline, a two‑minute animation of vehicle paths based on measurements, or selected MRI images with radiologist annotations. The defense may arrive with a nurse consultant’s critique or surveillance. Fine. We address it head‑on. If the number doesn’t reach a fair range, we don’t bluff about trying cases. We set them.
Trial preparation starts early. Jurors appreciate organization and authenticity. If a case will likely be tried, we shape depositions with trial in mind: short questions, clean admissions, and exhibits the jury will actually see. We file motions to exclude junk science but do not waste the court’s time with performative filings. Judges remember.
Special Troubleshooting: Hit-and-Run, Uninsured, and Low Property Damage
Hit‑and‑run cases hinge on uninsured motorist coverage and corroboration. Texas policies require proof of a phantom vehicle’s involvement. We work to locate any physical evidence—paint transfer, scrape orientation—that supports the account, and we chase down the best available witnesses. A quick canvas within a day or two matters. Some residents along Buckner or Forest Lane have doorbell cameras and will cooperate if asked respectfully and fast.
Uninsured and underinsured motorist claims pit you against your own insurer. The tone shifts. Your carrier owes duties under the policy and Texas law, but it will still challenge value. The same rigor applies: we document liability and damages as if suing the driver, then follow the policy’s proof requirements to the letter. If the carrier drags, the Stowers doctrine against the liability carrier can sometimes create pressure. Not always, but sometimes.
Low property damage cases aren’t hopeless. I’ve obtained solid results where bumper covers looked intact but the reinforcement bar buckled and the trunk pan wrinkled. We use shop teardown photos and measurements to show force pathways. We also avoid overselling. If your car looks barely touched, the jury will see it. We explain the mismatch: a heavy SUV striking a compact at a low angle can transmit force into the seatback and neck even when plastic flexes back. Clear, modest explanations beat exaggerated adjectives every time.
Premises and Beyond: Slips, Trips, and Other Hazards
Not all Garland injury cases involve roads. Grocery aisles, apartment stairwells, and loading docks generate steady claims, each with distinct fault rules. Texas premises liability divides entrants into invitees and licensees, and it centers on the owner’s knowledge of the condition. Proving notice is the crux. Sweep logs, maintenance tickets, and video retention policies tell the story. A puddle present for 30 minutes without cones signals negligence. A spill seconds old is harder.
We often inspect lighting levels with a light meter, measure riser heights on stairs to check code variance, and examine handrails. Uneven surfaces can be dangerous without being actionable if they’re open and obvious and can be negotiated safely with ordinary care. We marshal data and give the court a clear, factual basis for why this condition crossed the line into unreasonably dangerous.
The Role of Client Credibility
All the forensics in the world cannot save a case if the client appears unreliable. We prepare clients for recorded statements and depositions like we would prepare a witness for trial: listen, answer the question asked, do not guess, and acknowledge uncertainty when it exists. Jurors reward straight shooters. If you had back pain five years ago for two weeks after moving furniture, say so. If you missed two physical therapy sessions because childcare fell through, say so. Small truths protect big truths.
Social media deserves a blunt warning. Defense firms monitor public posts. Photos of a backyard barbecue can become Exhibit A for “you’re fine” even if you sat most of the day and paid for it that night. The safest move is to go quiet and private until the case ends.
Timelines, Deadlines, and Why Speed Matters
Texas has a two‑year statute of limitations for most negligence cases, measured from the date of injury. Some claims have shorter notice requirements, like claims against governmental units, which trigger Texas Tort Claims Act notice provisions that can be as short as six months. Miss a deadline and rights vanish. We calendar aggressively and file suit when negotiations stall, not as theater but to preserve leverage and compel discovery of withheld materials.
Medical treatment timelines also matter. Gaps in care are a favorite defense target. Life happens—work schedules, childcare, and finances can make weekly therapy hard. If a gap is unavoidable, we document the reason. A short gap with a clear explanation is defensible. An unexplained six‑week silence is not.
Why a Local Lens Helps
Road design and traffic patterns matter. A Garland lawyer who’s stood at Northwest Highway and Plano Road during the evening lanes merge knows why sideswipes happen there and how drivers react. Local judges have preferences. Some want short, focused motions. Some will make you meet and confer twice before a hearing. Familiarity smooths the process and trims waste.
Medical networks in Garland and surrounding Dallas County shape treatment paths. Knowing which imaging centers produce readable films, which orthopedists testify clearly, and which physical therapy clinics document thoroughly can make or break causation clarity. Insurers know those reputations too.
A Short, Practical Checklist Before You Call a Lawyer
- Photograph everything: vehicles, scene, injuries, and anything unusual like debris or malfunctioning lights. Get names and numbers of witnesses; if possible, ask for a quick voice memo of what they saw. Seek medical evaluation within 24 to 48 hours, even if symptoms seem minor. Do not give a recorded statement to the other driver’s insurer before speaking to counsel. Save receipts, pay stubs, and all paperwork; start a simple journal of pain levels and activity limits.
What Sets Serious Representation Apart
A persuasive case isn’t loud; it’s layered. A Garland Injury Lawyer who tries cases builds from the ground up: early preservation, credible medicine, honest client presentation, and pointed negotiation. A Garland Truck Accident Lawyer adds federal regulation fluency and the speed to secure digital data before it disappears. A Garland Personal Injury Lawyer who knows when to push and when to pause often nets more than a one‑size‑fits‑all approach.
Proving fault in Texas is not a single moment. It’s a sequence. First, hold the scene and the story in 1800lionlaw.com Garland car accident lawyer place before it drifts. Second, translate that story into documents and testimony that withstand cross‑examination. Third, weigh settlement against the likely verdict range without fear. The goal is simple: restore what the law allows, with a record that would earn the same respect in a conference room or a courtroom.
Contact Us
Thompson Law
375 Cedar Sage Dr Suite 285, Garland, TX 75040, USA
Phone: (469) 772-9314