CONSULTA GRATUITA
(972) 529-3476
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Board Certified

Irving Car Accident Lawyer

Did you fall at Walmart?

A car accident in Irving becomes a legal problem the moment an insurance adjuster calls. An Irving car accident lawyer at The Texas Chongo Personal Injury Lawyers can take that conversation off your hands, preserve the proof of what happened, and build the claim while you recover. Our office sits in Irving at 220 O’Connor Ridge Blvd, minutes from the records window where your crash report is filed.

We handle collision claims for injured drivers, passengers, and families across Irving and the wider Dallas-Fort Worth area, in English and Spanish, on a contingency-fee basis. Call (972) 529-3476 for a free case evaluation.

Why Choose The Texas Chongo Personal Injury Lawyers for a Car Accident Claim in Irving?

Our office is in Irving, not in another city advertising into it. The credentials behind the work are verifiable:

  • Board-certified in personal injury trial law by the Texas Board of Legal Specialization
  • More than 100 jury trials over a decade-plus in practice
  • Two Top Five Texas jury verdicts, in 2012 and 2017, for premises and workplace cases
  • Rated 4.9 out of 5.0 across 136 Google reviews
  • Selected to Super Lawyers and the National Trial Lawyers Top 100
  • Recognized by Texas Lawyer as Litigator of the Week
  • Full service in English and Spanish, from the first call through resolution

Fewer than 3% of Texas attorneys hold board certification. That specialized trial experience shapes how we investigate and negotiate every motor vehicle claim.

Texas Traffic Laws That Decide Fault in an Irving Car Accident

Fault in a Texas collision claim is rarely decided by whose story sounds better. It depends on which driver broke a specific rule of the road and whether that violation caused the crash.
These provisions resolve most Irving car accident claims.

Following Too Closely (Transportation Code § 545.062)

Texas Transportation Code Section 545.062 requires a driver following another vehicle to maintain an assured clear distance. The distance must account for speed, traffic, and road conditions, so that the driver can stop safely without striking the vehicle ahead.

Texas sets no fixed car length or second count. That flexibility works in an injured driver’s favor because a rear-end collision itself constitutes evidence that the following distance was not maintained.

Speeding / Driving Too Fast for Conditions (Transportation Code § 545.351)

Section 545.351 prohibits driving at a speed greater than is reasonable and prudent under the circumstances then existing. The posted limit is a ceiling, not a safe harbor.

The statute separately requires drivers to reduce speed when approaching intersections, curves, and hill crests, and when weather, traffic, or highway conditions create a special hazard. A driver who holds the speed limit through heavy rain can still violate this section.

Failure to Yield While Turning Left (Transportation Code § 545.152)

Section 545.152 requires a driver turning left at an intersection, alley, private road, or driveway to yield to any vehicle approaching from the opposite direction that is close enough to be an immediate hazard.

Left-turn collisions produce some of the most contested liability disputes we see because the turning driver often claims the oncoming vehicle was speeding.

Reckless Driving (Transportation Code § 545.401)

Section 545.401 applies to driving in willful or wanton disregard for the safety of persons or property. That is a materially higher standard than ordinary carelessness.

Where the evidence supports it, conduct at that level can affect how a civil claim is framed and what a jury is asked to consider.

How to Get the Crash Report for Your Irving Collision

The Texas Peace Officer’s Crash Report, form CR-3, is the document every adjuster reads first. Getting a copy early matters because errors are easier to address before positions harden.

Under Section 550.062, an investigating officer must prepare a report when a collision causes injury or death, or property damage to any one person apparently reaching $1,000 or more. The report must be filed electronically with the department no later than the 10th day after the collision.

Follow these steps to obtain and use yours:

  1. Wait roughly ten days after the collision, which is the statutory filing window for the officer’s report.
  2. Confirm that Irving Police investigated. The Irving Police Records Section holds city crash reports at the Criminal Justice Center, 305 N O’Connor Blvd, which is open 8 a.m. to 5 p.m., Monday through Friday.
  3. Purchase the report online through the TxDOT Crash Report Online Purchase System, or request it from Irving Police records in person, by phone, or by mail.
  4. Budget $6 for a standard copy and $8 for a certified copy, the fee a court or formal proceeding usually requires.
  5. Establish that you are entitled to an unredacted copy. Section 550.065 lists who qualifies, including any person involved in the collision, an authorized representative of that person, the owner of a damaged vehicle, and the insurer covering a vehicle involved. Requesters outside that list receive a redacted version.
  6. Read the narrative, the diagram, and the contributing factor codes closely, then flag anything inaccurate to your attorney immediately.

Critical Evidence Disappears Faster Than You Think

Modern vehicles record speed, braking, throttle position, and seat belt status in an event data recorder. Nearby businesses record the roadway, and commercial carriers record driver logs.

Almost none of it is kept for long.

Texas law does not automatically sanction a party who lets that evidence vanish. In Brookshire Brothers, Ltd. v. Aldridge, the Texas Supreme Court held that a trial court may give the jury a spoliation instruction only after finding two things: that a party had a duty to preserve the evidence, and that the party intentionally breached that duty.

The duty arises when a party knows, or reasonably should know, that a claim is substantially likely and that evidence in its control will be material to it. Merely negligent loss supports that instruction only in rare cases where the other side is left with no meaningful opportunity to present a claim.

The practical consequence is that preservation letters need to go out early, before a duty argument becomes hypothetical.

Vehicles themselves are evidence, and towed vehicles accumulate storage fees while a claim is pending. Texas Occupations Code Section 2308.452 gives the owner or operator of a vehicle removed to a storage facility without consent the right to a hearing on whether probable cause existed for the removal.

Understanding Survival Claims (CPRC § 71.021)

Families often assume that a person’s injury claim ends when that person dies. Texas law says otherwise.

Under Civil Practice and Remedies Code Section 71.021, a personal injury cause of action does not abate because of the death of the injured person. It also does not abate because of the death of the person liable for the injury. The claim survives to and in favor of the heirs, legal representatives, and estate of the injured person.

Survival Claim vs. Wrongful Death Claim

  • Survival Action (CPRC § 71.021): Brought on behalf of the deceased person’s estate to recover damages the deceased personally suffered between the moment of impact and death (such as conscious physical pain and suffering, mental anguish, and incurred medical expenses)
  • Wrongful Death Action (CPRC Chapter 71, Subchapter A): Brought directly by surviving parents, spouses, and children to recover for their own individual losses (such as loss of financial support, loss of companionship, and mental anguish).

When a loved one survives a severe collision for hours, days, or weeks before passing away, the survival claim holds substantial financial value that must be pursued alongside wrongful death claims.

Car Accidents in Irving by the Numbers

TxDOT publishes city-level crash data drawn from officer-filed CR-3 reports. Its Crashes and Injuries, Cities and Towns table for calendar year 2024 records the following for Irving:

  • 4,187 total reported crashes
  • 14 fatal crashes, resulting in 14 fatalities
  • 76 crashes involving a suspected serious injury
  • 91 suspected serious injuries

Roughly one Irving crash every two hours is significant enough to generate a police report. Those reports are the raw material of a claim, which is why the accuracy of yours is worth attention.

Frequently Asked Questions About Irving Car Accident Claims

How long do I have to file a car accident lawsuit in Texas?

Two years from the day the cause of action accrues, under Civil Practice and Remedies Code Section 16.003. Missing that deadline generally ends the claim, no matter how strong it is. Vehicle data and camera footage degrade long before two years pass, so early review is worthwhile.

An officer’s contributing factor code is an opinion formed at the scene, often without witness interviews or vehicle data. It is not a binding legal finding of fault. Reports are regularly reopened or contradicted by evidence developed afterward.

It can cut both ways. A citation issued to the other driver is useful evidence of a traffic violation that establishes fault. A citation issued to you is not fatal to your claim, but how you resolve it should be guided by legal input first.

Yes. A civil claim requires proof that the other driver failed to use ordinary care and that the failure caused your injuries. Police officers decline to issue citations for many reasons, and that decision does not determine civil liability.

It goes to a vehicle storage facility, where daily fees accrue. If it was removed without your consent, you may request a hearing on whether probable cause supported the removal. Retrieve or document the vehicle promptly, because it may hold the event data recorder.

No. You have no obligation to give a recorded statement to another party’s insurance company. Those statements are taken to find inconsistencies, and it is reasonable to decline until you have spoken with an attorney.

Contact an Irving Car Accident Lawyer Today

Evidence degrades, storage fees accumulate, and adjusters open a file on your claim the day it is reported. Each of those runs on a clock that started at the time of the collision.

The Texas Chongo Personal Injury Lawyers handles Irving car accident claims from an Irving office, in English and in Spanish, on a contingency fee basis. Attorney David Sanchez is board certified in personal injury trial law and has tried more than 100 cases to a jury.

Speak with an Irving car accident lawyer about your collision. Call The Texas Chongo Personal Injury Lawyers at (972) 529-3476 to schedule a free case evaluation.