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 – Cedar 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. Your best chance of getting compensation is to pay attention and be committed, regardless of whether you are settling or going to trial. A vehicle accident lawyer can assist you in determining whether your injuries are eligible for compensation through no-fault insurance. These can range from financial recompense of any losses or hurts you have sustained, missed wage, and skyrocketing expense. Our Dallas-based lawyers are available to help you learn more and provide a free consultation. Ward Maedgen Accident Attorneys will ensure that your case is as smooth as possible.
When an insurance claim is started, claims adjusters and managers use tactics and methods to mitigate the potential payout or even get it denied it altogether. If the case moves to litigation, then the legal team from the insurance carrier steps in. These teams of professionals are there to help reduce the amount that insurance carriers have to pay each year. Needless to say, they are good at what they do.
This means, that regardless of how the outcome turns out, once you start talking to the other driver’s insurer, you will know you are working with people whose sole purpose is to reduce or keep claims to a minimum. A very bad idea is to go up against these professionals without an attorney.
Sometimes clients find this out the hard way. For example, we have seen clients come to us after recording a statement. They are trying to work with their insurance company. They typically make costly mistakes that are in their favor, which can reduce or even destroy their chances at a favorable claim. It’s often too late by this point to assist.
It is important that potential clients do away with insurance companies. They’re looking for information that could be detrimental to the client, but potentially beneficial to the defendant and the insurance company. This is especially true when it comes to contributory negligence. Misunderstandings can occur when insurance providers are contacted. They aren’t looking out for you; instead, they are playing a game where they’re trying to get out of paying you what your claim is worth.
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 type is most likely to be the most prevalent in the nation, and Texas is no exempt.
Texas is considered a “modified comparative blame state”, which means rear-end collisions are not always attributed to the driver. Consider the possible mitigating factors. Did you have your brake lights on at all? Did you stop traffic completely? You used turn signals. Finally, in these instances, there must be a finding of fact: 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 could occur for several reasons. Sometimes it’s not apparent circumstances or conditions that cause them. You might be able to see an object on the roadway that caused the defendant’s vehicle suddenly to stop. Sometimes, a defendant might have been following too closely and ran into your bumper before smashing into you.
In court, both sides of an aisle will ask questions. How can we talk about the weather? These conditions contributed to the collision. What about speeding? You might also argue about whether your tail lights worked. Finally, there’s the question of contributory negligence. Some might argue that you contributed to the collision if you didn’t stop for traffic ahead.
As you can see, a rear-end does not guarantee a win for the claimant. An experienced auto accident attorney is invaluable in navigating these issues.
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 constituted almost 14% of the traffic fatalities for the year in Texas.
Distracted Driving Accidents
Nowadays, distractions from personal phones are more than just texting. Texas banned texting while driving in 2017. However, it is still possible to use a handheld device to do other things like GPS or play music. This does not mean that someone who caused an accident due to distracted driving is excusable just because they were doing something other than texting on their device. The law states that a person may be charged with a Class A offense, which can lead to jail time of up to one year and a maximum fine of $4,000.
Additionally to state laws and ordinances, cities in Dallas/Fort Worth have their own ordinances. Some are more restrictive than others.
Distracted driving caused 368 traffic accident deaths in 2020. Numerous others were likely to have contributed to or been involved in other non-fatal accident.
Texas saw 1,354 car-related deaths in 2020. The NHTSA refers to these as “ROR” or Run-Off-Road crashes.
ROR crashes almost always involve one party. Because most of these accidents occur due to the fault of the single party, these cases are not as commonly handled in personal injury law firms.
Some ROR accidents are caused by another driver, requiring you to take evasive actions to avoid a collision. Texas was home to 51% of all fatalities in 2020. These areas typically have two-lane highways with opposing traffic, which can lead to drivers drifting into the oncoming lane. A driver might also be trying to pass in an unsafe manner.
If you were run off the road by another driver such as someone under the influence of alcohol or drugs or someone who fell asleep at the while, you’ll likely need to show proof that the other driver caused this. An insurance company that reviews a claim involving a car that didn’t come into contact with another will scrutinize how and why if you claim the accident was caused by someone else. Eyewitnesses might be able to give testimony if another driver fled 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
In Texas, serious injury and deaths are often caused by side-impact crashes. In 2020, the state had 865 fatalities due to intersection-related accidents.
Side impact collisions are more likely to result in serious injuries than those that occur at the front or rear. 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.
Like other Texas accident types, a broad-side incident can’t be treated as a straightforward case because of modified contributory negligence law. Even if the negligent driver caused the accident, it is possible that their negligence will not be sufficient to make their car insurance pay. Experience and competence are crucial in Texas, as a Texas accident attorney will help you.
Common Mistakes following 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.
People make another common error when they contact their at-fault insurance company and give a recorded statement. Many people think they’re being cooperative. They are not being looked after by the insurance company. They’re trying to get information that will help them and their insured. There is no obligation on the insured to speak with 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 documentation from a professional to support their claims. As time passes, the likelihood of getting treatment is greater. The insurance company can then claim that you have not been injured if you don’t seek medical attention immediately or if the wait goes on too long. A gap in treatment can be used by an insurance company as a defense.
Talking to the at-fault insurance company, recording a statement, trying to resolve their claim themselves, accepting an earlier settlement before they know the outcome, not getting treatment immediately are all common mistakes people can make.
Fight 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. You may find yourself in a dispute with the negligent motorist. You will need to have strong evidence and professional assistance in order to win your case.
We review the facts surrounding each client’s claim, including reading police reports, collecting testimonies, conserving electronic data from cars and surveillance videos, as well as consulting with crash reconstruction specialists.
Insurance for personal injury protection
Personal injury protection (PIP), is a type coverage that is included in many personal auto policies. PIP can sometimes be turned off, such as if your Medicare is not available, but it is required for most drivers.
This form of personal auto insurance protection is in place to cover medical expenses after an accident and it is a form of “no-fault” coverage. 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 also covers lost wages.
Although the Texas minimum policy limit is $2,500, it’s not too high. You may have selected a higher amount if your agent was knowledgeable and had reviewed all the coverages. This will help you cover your short term medical expenses while the case is advancing.
The moment an Accident Case is taken to Court
Most insurance claims settle before a lawsuit is filed.
However, not all automobile accidents can be resolved. Perhaps the issues that need to be resolved are beyond the parties’ abilities. Perhaps the plaintiffs were unable to agree on how much compensation they should pay because they could not resolve their differences.
In a trial, expert witnesses and witnesses may be called. Responding law enforcement officers can also be called and could testify before a jury. The jury will decide the extent (or non-extent) of liability held by the defendant. 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 may even be able to argue that you be awarded punitive damages which is something that would not be offered in a settlement.
After you file a suit, the defense side will ask for 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. Both sides will ask questions to learn more about the accident, who caused it, your injuries and damages. Our attorney will also question any other drivers to find out their story and gain insight into what they might say at trial. He will also provide information about the defendant’s finances and insurance coverage.
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 law for depositions ensures that you will not be intimidated. Your accident attorney will also ensure that you aren’t.
Texas Motor Vehicle Trial Cases
In a court case, expert witness can give their opinion to a jury. Expert witnesses can offer their expert opinion to assist the hearings in drawing a conclusion, based upon the available information.
Most often, experts in motor vehicle accidents are medical professionals. These doctors or other medical professionals can give opinions about the likelihood of recovery, need to treat, and prognosis of an injury victim.
Expert witnesses can contribute to a stronger case for a claimant, but this is not so every time. Further, expert witnesses are not always called and typically only participate in a case when required by the court. A motor vehicle firm with experience will be able draw on its resources to find an expert witness.
How long does it take to get a court case for an auto crash?
It is not the only thing that will determine how long the process takes. There are many things you need to do before you step into the courtroom. The lawsuit must be served to the defendant. Next, the parties will exchange evidence and depose witnesses. The whole process can take up to a year, depending on the complexity of the case and the number of parties involved.
This overview of Texas motor vehicle accident cases shows that it is not a good idea to do everything yourself. Call us today for a free consultation and to discuss your legal options. Ward Maedgen Accident Attorneys have been helping many people recover from crashes over many years.
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