FORMER TEXAS ASSISTANT DISTRICT ATTORNEY. Among Other Accolades, Ward Maedgen Has Been Named In D Magazine’s – The Best Lawyers In Dallas multiple years.
Lawyer – Traffic collision, Nearby – Allen
Why an Auto Accident Attorney is an Expert in Your Area
Our legal team will evaluate every part of the incident and develop the strongest possible case. This commitment and attention are the best way to get compensation, in settlement or at trial. A vehicle accident lawyer can help you determine if you are entitled to compensation through no fault insurance. This can include anything from financial recompense for any losses or hurt you have incurred, missed wages, and skyrocketing expenses. To learn more about your possible choices, contact our Dallas based law offices immediately for a free initial case consultation. Ward Maedgen Accident Attorneys is committed to making sure your case proceeds as smoothly as possible.
The claims adjusters or managers of insurance companies use tactics and methods in order to limit the payouts, or even deny it entirely. If a case goes to litigation, then the insurance carrier’s legal team steps in too. The bottom line is that these teams of professionals have their entire job to lower the insurance company’s annual payouts. They are skilled at what they do.
This means that regardless of outcome, as soon as you engage with the insurance carrier of the other driver, you will be guaranteed to be working against people who’s purpose is to reduce claims while staying within the bounds of the law. This is usually a bad idea.
Sometimes clients learn this through hard work. We’ve seen clients come to our office after they have recorded a statement. This is because they are now trying to work with the insurer. They often make mistakes that benefit the company and can hurt or ruin their chances of winning a favorable claim. It is usually too late for us.
It is crucial that potential clients do not communicate with insurance companies. Because they want information that can be harmful to clients but benefit the insurance company or defendant, this is a problem. This is especially true in light of contributory negligence. Conversing with insurance providers can lead to misunderstandings. They won’t be looking out for your best interests, but instead they will try to make as much money as possible by trying to get you to pay what you claim is worth.
Common Case Types
Although Texas Department of Transportation is not able to collect data on the percentage of traffic collisions that are rear-end, we know from national statistics that they are around 28% and 29%. This type of accident is most likely the most common in the country and Texas is no exception.
Texas is a modified comparative fault state, which means that rear-end accidents in Texas are not solely attributed to the person who caused them. Consider the possible mitigating factors. Were your brake lights on? Did you slow down traffic? You used turn signals. In these cases, there must be a finding that the defendant was behind you. You can refute your testimony, but there must be evidence that the defendant did not follow you too closely.
Rear-end collisions may occur for a couple of reasons. Sometimes there are unseen circumstances or conditions that cause it. An object on the road might have caused the defendant suddenly to stop and cause his/her car to crash into your vehicle. In some cases, the defendant may have been following you too closely, and ran up on your bumper before hitting you.
In court, both sides of an aisle will ask questions. For example, what can be said about weather conditions? These conditions contributed to the collision. Was speeding a factor? Even if your tail lights are working, there might be a dispute. Finally, there’s the question of contributory negligence. Some may argue that you contributed the collision by not stopping for traffic ahead.
Rear-ending is not an automatic win for a claimant, as you can see. This is where an experienced auto accident attorney can help you.
Although head-on collisions are statistically less common than rear end accidents, they are statistically more deadly. 538 deaths were reported by the Texas Department of Transportation in 2020 from head-on collisions. These accidents made up almost 14% the total traffic fatalities in Texas for the year.
Distracted Driving Accidents
These days, the distractions from personal devices is not limited to just texting. Texting while driving is illegal in Texas, but it is still allowed to use a handheld phone for other purposes such as GPS or music. The fact that someone was distracted driving at the time of an accident does not excuse them. But the law does say that a person can be charged with a Class A misdemeanor including jail time up to a year and as much as a $4,000 fine.
Additionally to state laws and ordinances, cities in Dallas/Fort Worth have their own ordinances. Some are more restrictive than others.
Distracted driving was responsible for 368 fatal traffic accidents in 2020, regardless of the laws. Many more people were involved in or contributed towards non-fatal accidents.
In 2020 there were 1,354 deaths recorded in Texas as being caused by single car accidents. These are referred to by NHTSA as “ROR” – Run-Off Road Crashes.
ROR crashes almost always involve one party. These cases are less common in personal injury law firms because most of these accidents are caused by the fault of one party.
ROR collisions can also be caused by another driver. In these cases, you will need to take evasive measures to avoid a collision. In Texas during 2020, 51% of the fatal accidents occurred in what were called “rural” areas. These areas are often surrounded by two-lane highways and have the potential for drivers drifting into another lane. A driver might also be trying to pass in an unsafe manner.
If another driver drove you off the road, like someone who is under the influence or someone who falls asleep, you will likely have to prove that they caused it. An insurance company reviewing a claim involving a car which was not in contact with another vehicle will investigate the details of how and why you claim that an accident was caused by another person. Perhaps eye-witnesses or witnesses can give testimony if the other driver fled from the scene. It’s more common than ever that more drivers equip their cars with dash cameras.
A personal injury attorney can help you to prove negligence by another driver in a Run off-road accident.
Intersectional and Side Impact Collision
In Texas, serious injury and deaths are often caused by side-impact crashes. In 2020, 865 deaths were related to intersection accidents.
One reason why side impact collisions tend to involve serious injury is because there is less barrier to impact on the side of the car as compared to the rear or front. Although side impact airbags, curtains, and impact pillars in modern cars have helped cut down these injuries, as you can see from the fatality statistic above, this kind of accident is a real danger in Texas.
Because Texas has modified contributory neglect laws, even a broad side accident cannot be automatically considered a case. There’s a chance that the negligence of another driver may not be sufficient for their car policy to pay. As mentioned previously, having experience and competence on your side in the form of a Texas accident attorney is critical.
Common Mistakes after a Traffic Collision
Many times, the parties involved in an accident will not take photos of the scene or have police present. This is a mistake. It makes it difficult to get reliable photographic evidence and also leaves little opportunity for police observation of the vehicles once they are settled.
Another common mistake is to call the at-fault insurer and make a recorded confession. People mistakenly believe that they are being cooperative. They don’t have to look out for their insurance company. They’re looking for information that will assist them and their insured. There is no obligation on the insured to speak with the insurance company.
People can also make the mistake of not seeking treatment immediately, believing they can handle it. They don’t have documentation from a professional to support their claims. There is more time between getting treated and not getting it. If you wait too long or don’t seek treatment immediately, the insurance company may claim you weren’t injured. An insurance carrier can also use a gap in treatment as a defense.
Common mistakes made by people include not seeking immediate treatment, talking to their at-fault insurer, recording a statement, trying and resolving their claim themselves, accepting an earlier settlement, refusing to accept the outcome of the case, and refusing to take action.
Fight the Insurance Companies
In order to decrease their payouts, insurance companies may wrongly accuse injured persons of causing a wreck. The police report might be wrong, and victim-blaming may follow. It is possible that you will find yourself in a “he told, she said” dispute with the negligent driver. You will need to have strong evidence and professional assistance in order to win your case.
We carefully examine the circumstances surrounding clients’ claims by reading police reports and gathering testimony.
Personal Injury Protection Insurance
Personal injury protection (PIP) is a type of coverage that is included on many personal auto policies. PIP can be removed in certain situations, like if you are eligible for Medicare. However, most drivers must have it.
This type of personal auto insurance protection covers medical expenses following an accident. It is also a form “no fault” coverage. This means that you can get some medical costs for yourself and passengers regardless of the outcome of your case involving the liability of the other driver. PIP also covers lost wages.
It should be noted that the Texas minimum policy limit to cover PIP is $2,500. There’s a chance you could have chosen for a higher amount if you had an experienced agent who reviewed the coverages with your. This will be useful to cover medical expenses for the short term while your case is developing.
An Accident Case goes to Court
Most insurance claims can be settled without the need to file a suit.
However, not all automobile accidents can be resolved. Perhaps the parties are unable to resolve the issues. Perhaps the plaintiffs or defendants couldn’t agree upon how much compensation should go because they couldn’t resolve their differences.
In a trial, witnesses and expert witnesses may be called, responding law enforcement officers, and possibly others for testimony in front of a jury. The jury will decide on the defendant’s extent of liability. Even though a trial case can take longer and cost more than a settlement, a jury may be able to award plaintiffs more than any settlement. Sometimes, your attorney might be able to argue that punitive damages should be awarded. This is something that would not have been offered in a settlement.
After you file a lawsuit, the defense side will want to hold a deposition. This is a formal conversation, in which both the plaintiff and defense side will participate. A court reporter will also be present. Both sides will ask questions to learn more about the accident, who caused it, your injuries and damages. Our attorney will also interview any other drivers in order to learn their stories, gain insight into their testimony at the trial and get an idea of the defense strategy and finances of defendant.
Your attorney will be there to help you avoid answering questions that could hurt your case. Your attorney might also ask questions that are favorable to your case. Regardless, you don’t have to be intimidated by the process. Texas’s deposition rules mean you won’t be intimidated, and your accident attorney will ensure that this happens.
Expert Witnesses in Texas Motor Vehicle Trial Cases
Expert witness can provide their opinions to the jury in court cases. Witnesses can use their expertise to help the jurors reach a decision based on the information available.
The most common example of an expert witness in a motor vehicle accident case are medical experts. These medical experts and doctors can give an opinion on the likelihood of recovery, treatment needs, or prognosis for an injured party.
Expert witnesses can contribute to a stronger case for a claimant, but this is not so every time. Expert witnesses aren’t always called. They typically participate only when requested by the court. An experienced motor vehicle company will be able to tap into its resources to find the right expert witness when this happens.
What is the average court case time for an auto accident?
When determining how long it takes, the trial is not the only factor. There are many things to be done before you even step foot into the courtroom. The lawsuit will need to be served on defendant. Then there is a period where each party exchanges evidence and depose witnesses. This whole process can take as much as a year depending on how complex the case is and how many parties are involved.
As you’ve seen from this overview of the ins and outs of motor vehicle accident cases in Texas, going it alone is never recommended. Call us today for a free consultation and to discuss your legal options. Ward Maedgen Accident attorneys have helped many recover from car crashes over the years.
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Photo Courtesy of: Aaron Lee
Aaron C. Lee Law Firm, PLLC / Alamo Title – Closing Office
Address: 1333 W McDermott Dr #100, Allen, TX 75013, USA
Main Phone: (469) 640-1715
Did you know that Aaron C. Lee Law Firm, PLLC / Alamo Title – Closing Office rates 4.7/5 based on 14 total ratings?
Reviews for Aaron C. Lee Law Firm, PLLC / Alamo Title – Closing Office
a year ago
I would highly recommend Aaron Lee’s law firm because of their professionalism. They were very responsive towards our need, and fulfilled our requested in a timely manner. He was knowledgeable in real estate and successful in establishing our company. Also they have a very dedicated staff.
a year ago
Attorney Lee and his team were amazing to work with. They were always their to answer any questions I had and kept me well informed about my case throughout the process. I can’t say enough great things about the firm as they not only met my expectations but far exceeded them. They handled my case with diligence, professionalism and class. I highly recommend them and thank them for all the hard work they put in.
a year ago
Great company, they provided outstanding quick and thorough service for my home purchase closing. They answered every question I had and made sure I had the answer I wanted thoroughly before proceeding. Outstanding and quick service with getting the closing done at a reasonable price.
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Nordhaus & Nordhaus, PC
Address: 5900 S Lake Forest Dr #415, McKinney, TX 75070, USA
Main Phone: (214) 726-1450
Did you know that Nordhaus & Nordhaus, PC rates 4.1/5 based on 27 total ratings?
Reviews for Nordhaus & Nordhaus, PC
3 months ago
In 2006 April prepared our Last Will and Testament, Powers of Attorney, Disposition of Remains and other Estate Planning documentation. April met with us several times to explain the process and listened carefully to us and on our wishes. In 2021, the person we named as our Will Executor passed away and it caused us to reconsider all of the documents April created. We provided April with our updates through email and worked with her assistant to complete our changes and updates. April and her assistant were very professional and a pleasure to work with throughout the process. I know April does much more than Estate Planning and we highly recommend her as an Attorney.
a month ago
We’ve used April for our estate planning and our son’s POA. She’s very easy to work with and lays things out in such a way that the hard legal concepts are very easy to understand. I highly recommend her and her legal services.
a year ago
Ryan took care of my annulment during the COVID-19 pandemic. I am truly grateful! Thanks to him I have my freedom back! =)
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Joe Lucé Attorney
Address: 5900 S Lake Forest Dr STE 200, McKinney, TX 75070, USA
Main Phone: (972) 562-9700
Did you know that Joe Lucé Attorney rates 5/5 based on 10 total ratings?
Reviews for Joe Lucé Attorney
a month ago
Joe Luce Law Firm is simply amazing. After meeting with his team, they put us at ease so we could rest assured they were going to give 100% to us in finding a resolution. Truly amazing!!
Thank you Joe Luce!!
4 months ago
We had an excellent experience with Joe Luce. We never expected to be found in the position we were in and in need of professional help to come to a resolution with our insurance company over a water loss in our home. However, we needed the help and Joe was extremely professional and courteous. He surpassed our expectations and helped us come to a fair and positive outcome. We highly recommend Joe Luce if you are in need of an attorney!
2 weeks ago
My husband and I were referred to Joe Luce by some friends after being in a multi car accident involving injuries. His team was very professional, and honest in providing us the best possible outcome and would strongly recommend their services.
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Azhar & Azhar, PLLC
Address: 614 S Watters Rd building c, Allen, TX 75013, USA
Main Phone: (214) 420-1200
Did you know that Azhar & Azhar, PLLC rates 4.9/5 based on 250 total ratings?
Reviews for Azhar & Azhar, PLLC
3 months ago
Azhar & Azhar Law firm is the best law firm in my opinion because they really know what they are talking about, they don’t sugarcoat anything , they say it as it is and you see the professionalism in them from the get-go . They are very thorough , very responsive and they are with you every step of the way until the end. You can reach out to the attorney and they always take time to respond to your query , no matter how silly it they might be , even when they on vacation. I really appreciate their professionalism and the way they helped us through the application process . We always felt optimistic and at ease about our case going with them right from the beginning .
Thank you again Azhar & Azhar ..! Appreciate everything . Keep doing the good work . All the very best!
4 months ago
VERY COMPETENT, PROFESSIONALISM, CONSTRUCTIVE, STRAIGHT FORWARD.
I HIGHLY RECOMMEND THIS LAW FIRM. SUNNY HAS THE NECESSARY ABILITY, KNOWLEDGE & SKILL FOR IMMIGRATION RELATED TASK TO COMPLETE SUCESSFULLY.
7 months ago
Noaman Azhar is great to work with. Very responsive and attentive to the client’s needs. Would definitely use their services again.
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Johnson & Silver LLP
Address: 825 Watters Creek Blvd #250, Allen, TX 75013, USA
Main Phone: (972) 996-4621
Did you know that Johnson & Silver LLP rates 5/5 based on 2 total ratings?
Reviews for Johnson & Silver LLP
a year ago
Very professional and knowlegable. Quick responses. Hightly recommend！
2 years ago
Jaime, represented and she was great. She kept in contact with me and actually did her research in my case and the Judge ruled in my favor. I will continue to use Jaime and the law firm for any other legal matter I run into.
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Law Office of Natalie Gregg
Address: 1784 W McDermott Dr Suite 100, Allen, TX 75013, USA
Main Phone: (972) 829-3923
Did you know that Law Office of Natalie Gregg rates 4.2/5 based on 53 total ratings?
Reviews for Law Office of Natalie Gregg
4 months ago
I retained Mary Neal back in October 2020 to assist me in my divorce with children. She was an amazing advocate for my children and myself. The team that works within this firm are very responsive and make sure to give the most accurate and honest advice. Melanie the paralegal was also an amazing support during this process, answering all my questions. Definitely recommend this firm.
5 months ago
I give this law firm an A+! Natalie Gregg got me an outstanding settlement in record time during mediation. Natalie and her team were great and were always there to help. Amanda and Kristen helped in a pinch more than once. Sometimes it takes a village! This team of professionals is a village you can trust. I highly recommend the Law Office of Natalie Gregg.
7 months ago
When your trust is at its lowest point, you need to surround yourself with high quality professionals. Sarah Rose at the Law office of Natalie Gregg is an outstanding attorney that will represent you with honesty, integrity and the utmost in professionalism. I highly recommend the Law Office of Natalie Gregg.
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Law Office of Greg Whitten
Address: 550 S Watters Rd Ste. 290, Allen, TX 75013, USA
Main Phone: (972) 632-3662
Did you know that Law Office of Greg Whitten rates 4.6/5 based on 10 total ratings?
Reviews for Law Office of Greg Whitten
a year ago
I don’t even know where to begin. Greg and Hope have been the greatest of help. They helped me with one of the hardest decisions I have ever had to make! (family law) Within a few minutes of our first phone call, I knew I had a great attorney and staff to represent me. He was honest and i mean honest he doesn’t sugar coat anything, straight forward and definitely knew what the court would do/not do. That is what you want in an Attorney! Responsive, professional, organized, and high quality work, I Recommend Greg and his wonderful assistant hope ! They were great i will say…it was harder to say goodbye as they really become apart of you and your every day life.
a year ago
First time I sued someone after non payment for work completed over a year ago, and with the help of GW, he was able to not only win my case, but did so by getting me more money than I was expecting.
He is diligent, he is knowledgeable, he is precise, he is intelligent and he is forthright.
I would highly recommend using him again should the need arise, and look forward to doing so, knowing he has my best interests at heart.
2 years ago
Greg and Hope have provided the highest level of representation and compassionate support during the most difficult season of my life. Their individualized approach, willingness to listen and understand the unique circumstances of my case, and work with me have been a constant source of encouragement and support. They did not try to pidgeonhole my case into what they assumed. They took the time to learn, research, and read to understand what I really needed. I cannot thank them enough.
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The Law Offices of Kyle K. Shaw, PLLC
Address: 1333 W McDermott Dr #150, Allen, TX 75013, USA
Main Phone: (214) 726-0088
Did you know that The Law Offices of Kyle K. Shaw, PLLC rates 5/5 based on 1 total ratings?
Reviews for The Law Offices of Kyle K. Shaw, PLLC
2 months ago
Amazing man!!! Knows his stuff and is honest and
Upfront. Could not tell you how much I appreciate him and all he did to help me out in a tough spot.
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Law Office Of Vonda Kay
Address: 550 S Watters Rd #102, Allen, TX 75013, USA
Main Phone: (866) 543-1127
Did you know that Law Office Of Vonda Kay rates 4.1/5 based on 9 total ratings?
Reviews for Law Office Of Vonda Kay
5 months ago
Vonda worked with us when we had little to offer. Highly responsive and respectful. Highly suggest this attorney for anyone stressing over divorce.
5 months ago
Vonda is a highly experience attorney. She helped us in our most difficult times and it doesn’t matter when we contact her; after office hours, while on vacation, you name it. She is honest with you and will tell you what to expect.
a year ago
She is not nice is always mean to people. Don’t use her I know someone who is nice and not mean.