Jim Adler | The Tough, Smart Lawyer
By Jim Adler February 22, 2016

People who need a Houston car accident lawyer usually do not want to hear arguments about fault or liability. They just want to hear what the lawyer can do to help them to get the compensation they need to get back on their feet. Even in the Dallas-Fort Worth area, the kind of car wreck lawyer Dallas residents want is one that can win the case and get the money they need to fix their car and pay their medical bills.

Luckily for the people of Houston and Dallas, the state of Texas is not a no-fault state when it comes to auto insurance. That means that drivers who cause accidents can be sued and victims can receive compensation. The fact that a Houston car accident lawyer can represent their client in an accident case does not prevent the need to establish fault. When it comes to establishing fault, there are usually three methods that are used, and the outcome of your case can depend on how fault is established.

Methods of Establishing Fault

Comparative Negligence

Fault is established by the insurance companies, and it is done in a variety of ways. Comparative negligence pays compensation based on how much fault you are assigned. For example, if it is determined that you are 75 percent at fault for the accident, then you would only get 25 percent of any compensation awarded to you. In this type of fault, both parties can get compensated, but they are compensated based on their relative negligence.

Modified Negligence

The car wreck lawyer Dallas residents want is one who will fight in a case of modified negligence. That is because you have to avoid a certain threshold of fault to be able to file a claim. For example, if your state requires you to be below 40 percent at fault to file a claim and you are deemed to be 50 percent at fault, then you cannot file a claim. The state of Texas uses a combination of comparative and modified negligence in car accident cases. If you are deemed to be 51 percent or more at fault in Texas, then you cannot file a claim.

Contributory Negligence

In a contributory negligence setting, you cannot file a claim if you are deemed to have any fault at all.

How to Fight a Fault Determination

Collect Data

Insurance companies establish fault, but fault can be changed in a court of law. If you want your accident fault determination to be changed, then you need to collect data that can help you to prove your case. This includes getting the official police report, having pictures of the accident scene immediately after the accident happened, getting the names and contact information of witnesses, and keeping copies of your medical records.

Hire a Lawyer

No one should ever try to fight an auto accident fault case on their own. If you are going to fight the insurance company, then you need to hire a professional attorney to represent you. It is important to remember that you do not have to accept the insurance company’s findings. You can get your day in court, and you can get the compensation you deserve.

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FREE Case Review


Erick Becker
Erick Becker
01:20 06 May 17
I am a Patrol Deputy for the Sheriff Office and while working one night, a drunk driver crossed the center stripe on the highway and struck my patrol vehicle head on with his pick up truck. Needless to say we (the drunk driver and I) were both lucky to survive, as the accident occurred at highway speeds. Following my release from the hospital, I knew that I would need to have someone represent me. My employer was happy to represent me in regards to prosecuting the driver for criminal charges but, can do little in respect to the recovery of financial losses for medical bills, pain and discomfort, time lost from work etc... This is how my relationship with Jim Adler and Associates began. Yep, you probably guessed correctly when you think of what made me choose the "Texas Hammer" to represent me. Those half obnoxious, half way entertaining commercials and radio announcements most Texans have been seeing and hearing on the TV and radio for years instantly came to mind. Yes, I wanted to "hammer" this S.O.B. for trying to kill me but, more importantly I was worried about the costs associated with the life long injuries I had sustained as a result of this drunk driver's negligent behavior. I contacted Jim Adler and Associates and so began our relationship. I was immediately surprised by the prompt attention and the expression of genuine concern for my well being that I received from the employees of Jim Adler's office. Now as you can imagine, lawyers are not a breed that is held in very high regard by people in my profession but, my experiences with Jim Adler's office and his employees have forced me to amend my way of thinking, at least on the civil side of the house anyway. I have to chuckle when I say that because my experience as a client of Jim Adler's firm has been exceptionally pleasant. So before I venture down one of the stereotypical and infinite number of rabbit holes associated with the relationship between members of law enforcement and lawyers; I will do my best to stay focused on my experience with Jim Adler & Associates. Upon being informed that my case had been accepted by Jim Adler's office; I was contacted by Iris Sanchez who informed me that she was to be my case manager and any questions, comments and concerns could be directed to her. I was pleasantly surprised to receive regular calls from Iris assisting with my medical appointments and future follow up appointments. Iris had informed me that Jim Adler's son, Bill Adler would be handling my case and I was even more surprised to receive several calls from Bill to discuss my case. Now you might be thinking "what's the big deal" with the person who is representing you contacting you? In reality, you are correct in that it isn't a big deal but, what is noteworthy and what separates Jim Adler's Office from the multitude of other lawyers is the genuine expressions of concern and the desire Bill Adler conveyed to me to do their best to help me. I felt an immediate connection and instantly realized I had made the correct choice in contacting Jim Adler & Associates to handle my case. One thing I think lawyers and police officers can agree on is the proverbial wheels of justice turn very slowly. Months go by and our professional relationship is never neglected. Through the unwavering attention of Iris Sanchez and Bill Adler himself, I never felt "out of the loop" so to speak and always had a clear understanding of where my case was at in regards to the legal process. In conclusion, I know my brief description of my experiences with Bill Adler and, his assistant Iris Sanchez, cannot provide the credit they deserve. Together they have done an outstanding job representing their firm/employer. If you are seeking a great firm to represent your legal interests and, take comfort in establishing a professional relationship that feels more like a friendship than a casual business acquaintance, then I highly suggest Jim Adler & Associates.
Tierra Clark
Tierra Clark
18:52 19 May 17
My lawyer Bill Adler and case manager Iris Sanchez are amazing! They constantly call and check on you . They keep you up to date through the process. They care about you as a person and not just a client. The wreck was a life changing experience that I've never been through before. I'm just glad I had the right people like Bill Adler and Iris Sanchez to help me through it. Truly satisfied.Thanks and God bless y'all!
Lorenzo Preston
Lorenzo Preston
17:23 26 Jan 17
Jim Adler only offer nothing less than a great experience. They are a very well-established organization. They are outstanding on keeping you up to date with cases. There's no beating around the bush with this organization as they are only straight forward with the whole process. They treat their customers like family as well as go above and beyond to fight cases for you only leaving you with nothing but the best experience. Easy 5-star rated organization. I would highly recommend this one organization you not look over.
Tori Barroga
Tori Barroga
14:17 11 May 17
I was dropped from a previous law firm regarding my case before I called Jim Adler. They immediately took up my case and worked hard on it - I was always up to date with each step they took and the benefits or consequences of each. In the end, I am highly satisfied with the outcome and would not have it any other way. It took some time but I truly appreciate and want to thank everybody who helped me on this journey and worked tirelessly on it.
Bernard Orozco
Bernard Orozco
17:16 23 Feb 17
I am very happy with Jim Adler & Associates. I did not know anyone who has ever used the Law Firm before. The staff is very friendly and treated me as if I were family. At times it got very stressful being without a job. They helped me when I was confused about the process. Mrs. Theresa Rodriguez stayed in contact with me constantly. Checking on me to see how I was doing and to let me know how things were going on there end. The Attorneys that handled my case know exactly what they are doing to take good care of me. Thank You so much Attorney's Mr.Michael Gomez and Mr.Trey Smith.
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