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 – Beverly Hill
Why You Should Work With an Experienced Auto Accident Attorney
Our legal team will evaluate every part of the incident and develop the strongest possible case. This is your best hope of receiving compensation in the form of a settlement or a jury verdict. A lawyer who specializes in vehicle accidents can help you determine whether you are eligible for no-fault compensation. These can range from financial recompense of any losses or hurts you have sustained, missed wage, and skyrocketing expense. Call our Dallas-based law office immediately to discuss your options and receive a complimentary initial case consultation. Ward Maedgen Accident Attorneys are committed to helping you get the best outcome possible.
Claims adjusters and managers employ tactics and methods to reduce the payout, or get it denied altogether, when an insurance claim is filed. If a case goes to trial, then the legal department of the insurance carrier is called in. These professional teams have one goal: to lower the insurance carrier’s annual costs. They are, of course, skilled in what they do.
This means that you are guaranteed to work with people who have the same goal as you: to reduce your claims and to keep the law in line. To face these professionals unarmed and without the representation of your own attorney is usually a very 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 typically make costly mistakes that are in their favor, which can reduce or even destroy their chances at a favorable claim. It is usually too late to assist them.
It is vital that potential clients refrain from communicating with insurance companies. Because they are seeking information that is potentially harmful to the client but advantageous to the defendant and insurance company, this is why. This is especially true for contributory negligence. Misunderstandings can occur when insurance providers are contacted. They don’t care about you. They’re just trying to win your business by trying not to pay you as much as they can.
Common Case Types: Texas Traffic Collision
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 kind of accident is likely the most common nationally and, based on our experience, 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. It is crucial to evaluate the contributing factors. Are your brake lights on? Did you bring traffic to a halt? Are you using turn signals or a lane change? Then, the finding of fact must be made in these cases: Was the defendant’s vehicle behind you? Because your testimony can be refuted, there must be other evidence to prove the defendant followed too closely.
Rear-end collisions may occur for a couple of reasons. Sometimes, there are unforeseeable circumstances or conditions that can cause rear-end collisions. A road object might cause the defendant’s vehicle to suddenly stop, causing it to collide with you. Sometimes, the defendant may have been following too closely before running up to your bumper and then ramming into you.
In court, both sides of an aisle will ask questions. Weather conditions are one example. They contributed to the collision? Speeding is another possibility. You might also argue about whether your tail lights worked. Then there is the issue of contributory negligence. If you did not brake for traffic ahead of you then some might argue that you contributed to the collision.
As you can see, being rear-ended is not an automatic win for claimant. This is where an experienced auto accident attorney can help you.
While head-on accidents are less common than rear end accidents, they are statistically much more dangerous. Head-on collisions caused 538 deaths by 2020, according to the Texas Department of Transportation. These accidents constituted almost 14% of the traffic fatalities for the year in Texas.
Distracted Driving Accidents
Distractions from personal devices are not limited to texting. While Texas has outlawed texting while driving since 2017, it is still permissible to use a handheld device for other things such as using GPS or playing music. The fact that someone was distracted driving at the time of an accident does not excuse them. A person can be charged for a Class A misdemeanor, including jail time of upto a year and a maximum $4,000 penalty.
Individual cities in the Dallas/Fort Worth region have their own ordinances, which are more stringent than state laws.
Distracted driving was the reason for 368 traffic deaths in 2020. Many more people were involved in or contributed towards non-fatal accidents.
Texas saw 1,354 car-related deaths in 2020. These are known by the NHTSA as “ROR” or Run Off-Road Crash.
The majority of ROR crashes involve just one party in an incident with factors such as alcohol use, poor weather, and distracted driving, poor visibility, or other road conditions where loss of control of the vehicle is common. Personal injury lawyers aren’t as familiar with these cases because the majority of ROR crashes occur because of the fault of one person.
ROR crashes can be caused by an accident involving another driver. You will have to take evasive steps to avoid collisions. Texas had 51% fatal accidents in 2020. These areas commonly have two lane highways with opposing traffic and the potential for drivers to drift into an oncoming lane. In other cases, a driver may be attempting to pass unsafely.
You’ll need to prove the other driver was responsible for you being run off the road. 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.
You should consult an experienced personal injury attorney if your Run-off road accident was caused by negligence.
Side Impact Collision and Intersection Collision
In Texas, serious injury and deaths are often caused by side-impact crashes. In 2020, there were 865 fatalities that could be attributed to intersection accidents or related to intersections accidents.
Side collisions often result in serious injury. This happens because the vehicle’s side is more vulnerable to being struck than it is the front. Side impact airbags have been proven to reduce the risk of serious injuries. As you can see in the Texas fatality stats above, side impact collisions are a very real threat.
Because Texas has modified contributory neglect laws, even a broad side accident cannot be automatically considered a case. It’s possible that even though the other driver was negligent, there may not have been enough negligence to allow their car insurance policy to pay. It is crucial to have a Texas accident lawyer on your side.
Common Mistakes after a Traffic Collision
Parties to an accident may move vehicles without taking photographs or having officers present at the scene. This is an error as it reduces photographic evidence’s reliability and makes it impossible for police to inspect the vehicles immediately after the collision.
Another common error is when people contact their at fault insurer and make a recorded declaration. Many people believe they’re being cooperative. The insurance company isn’t looking out for them. They are seeking information to assist their insured. The insured is not required to contact the insurance company.
People sometimes make the wrong decision to not seek immediate treatment. They believe they can handle the situation. They don’t have the documentation required by a doctor to back up their claims. As the time passes, so does the delay in receiving treatment. If you do not seek immediate medical attention or wait too long, your insurance company could claim that you were not injured. An insurance carrier may also use a gap between 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.
Fighting the Insurance Companies
In order to decrease their payouts, insurance companies may wrongly accuse injured persons of causing a wreck. You might find yourself victim-blaming after the police report is wrong. There is a possibility that you could find yourself in a conflict with the negligent driver. You’ll need convincing evidence and the support of a professional 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), which is a type if coverage that is included with many personal auto policies, is an option. PIP can sometimes be turned off, such as if your Medicare is not available, but it is required for most drivers.
This type of personal insurance protection protects against medical expenses after an auto accident. This means that regardless of the outcome of the case involving the other driver’s liability, you can still get medical care for yourself and your passengers. PIP can also cover lost wages.
The Texas minimum policy limit for PIP is $2,500. This is not much. 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 cover short-term medical expenses as the case progresses.
An Accident Case goes to Court
A majority of insurance claim cases are settled before a lawsuit can be filed.
However, not all accidents involving vehicles can be solved. It is possible that the parties cannot resolve all issues. Perhaps the plaintiffs were unable to agree on how much compensation they should pay because they could not resolve their differences.
Witnesses and expert witnesses, responding officers of the law enforcement, and others may be called to testify in front of a jury during a trial. The jury will decide whether the defendant is responsible for the full extent of their liability. A trial case is much more costly than one that is settled outside of court. However, a jury can award a plaintiff 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 your lawsuit, the defense will request that you take a deposition. You will be asked questions by both sides during this formal conversation. Both the attorneys on each side will be there as well as a reporter. You’ll be asked questions by both sides to find out more about the accident, who was at fault, your injuries, and damages. To get the other drivers’ perspectives, our attorney will depose them to gain insight into their testimony at trial. We will also learn about the finances of the defendant and their insurance coverage.
Your attorney will be there to help you avoid answering questions that could hurt your case. Your attorney may also ask you questions that shed a favorable light on your case. The process is not intimidating, but you don’t have the right to feel afraid. You won’t feel intimidated by the Texas deposition rules. Your accident lawyer will also ensure this.
Texas Motor Vehicle Trial Cases
An expert witness is a person who can testify before a jury in a court case. Using their expertise, the witness can help those hearing the case draw a conclusion based on available information.
Expert witnesses in motor vehicle accident cases are most commonly medical experts. These doctors or other medical experts can render an opinion about an injured party’s probability of recovery, need for treatment, or prognosis.
Expert witnesses can be a valuable asset to a claimant’s case. However, this is not always true. Expert witnesses are not always called, and they typically only assist in cases where required by the court. This is when an experienced motor vehicle business will have the resources to locate the right expert witness.
What is the average court case time for an auto accident?
The trial itself is actually not the only consideration when answering how long the process takes. There are many things you need to do before you step into the courtroom. The defendant will have to be served with the lawsuit. The parties then exchange evidence and take deposition witnesses. This process can take upto a year depending upon the complexity of each case and how many people are involved.
This overview of Texas motor vehicle accident cases shows that it is not a good idea to do everything yourself. To learn more about your legal options, call us for a free consultation. Ward Maedgen Accident attorneys have helped many recover from car crashes over the years.
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