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 – Cockrell Hill
Why you should hire an experienced attorney in auto accidents
Our legal team will examine every aspect of the incident to determine the strongest possible claim. This is your best hope of receiving compensation in the form of a settlement or a jury verdict. 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 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 trial, then the legal department of the insurance carrier is called in. The basic truth is that these teams of professional’s entire jobs are in place to reduce what the insurance carrier has to pay out every year. They are skilled at what they do.
This means that, regardless of what outcome you get, as soon as your conversation with the insurance carrier for the other driver begins, you’ll be working with people whose purpose it is to reduce the claims however they can within the limits of the law. Unarmed and without a lawyer is a terrible idea.
Sometimes clients learn this the hard way. For instance, people have come to us after having given a recorded declaration. They want to be able to work with insurance companies. 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. This is because they’re seeking information that may be harmful to the client but beneficial to the insurance company and defendant. This is particularly true in the light of contributory neglect. It is possible to have misunderstandings when you speak with insurance companies. They don’t look out for you, but they play a game to try and get out of paying what your claim is worth.
Common Case Types: Texas Traffic Collision
While the Texas Department of Transportation doesn’t have data on rear-end accidents in traffic collisions, it does know that about 28% and 29% of all traffic collisions are these. This type accident is probably the most common nationwide and Texas is no exception.
Texas is a state with modified comparative fault. This means that rear-end collisions in Texas do not only point to the driver responsible for them. Consider the possible mitigating factors. Did your brake lights turn on? Did you slow down traffic? You used turn signals. Finally, in these instances, there must be a finding of fact: Was the defendant’s vehicle behind you? Your testimony may be refuted so there must be additional evidence to show that the defendant was following too closely.
Rear-end collisions could occur for several reasons. It can sometimes be caused by circumstances or circumstances that are not known. For example, an object in the roadway might have caused the defendant to stop suddenly causing his/her vehicle to run into you. In some cases, the defendant may have been following you too closely, and ran up on your bumper before hitting you.
In court, questions will be asked from both sides. How can we talk about the weather? What contributed to this collision? How about speeding? It’s possible to argue whether or not your taillights worked. There is also the question of contributory neglect. If you did not brake for traffic ahead of you then some might argue that you contributed to the collision.
As you can see, a rear-end does not guarantee a win for the claimant. These issues can be complicated and a skilled auto accident lawyer is your best friend.
While head-on accidents are less common than rear end accidents, they are statistically much more dangerous. According to the Texas Department of Transportation, 538 people died in head-on collision accidents in 2020. These accidents constituted almost 14% of the traffic fatalities for the year in Texas.
Distracted driving accidents
These days, the distractions from personal devices is not limited to 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. 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.
Texas had 1,354 single car accident-related deaths in 2020. These are known by the NHTSA as “ROR” or Run Off-Road Crash.
ROR crashes typically involve only one party. Factors such as alcohol, poor weather, distracted driving, poor vision, or other road conditions that cause loss of control are all factors. These cases are less common in personal injury law firms because most of these accidents are caused by the fault of one party.
However, some ROR crashes are caused due to another driver forcing you to take evasive action to avoid a collision. Texas saw 51% of fatal accidents in rural areas during 2020. These areas often have two-lane highways, with opposing traffic. Drivers could drift into the oncoming lane. Other times, drivers may try to pass unintentionally.
You’ll need to prove the other driver was responsible for you being run off the road. A car accident claim that was not in direct contact with another vehicle will be reviewed by an insurance company. They will look into the circumstances and determine if there were any other factors. Witnesses who witnessed the accident may be able give evidence if the driver fled. More and more drivers are also equipping their cars with dash cams.
If your Run-off-road accident was due to another driver’s negligence, you’ll want to work with a good personal injury attorney to build a case properly.
Intersection and Side Impact Collision
Similar to head-on collisions cases, fatalities from side impact and intersection accidents are a significant contributor to serious injury in Texas. In 2020 there were 865 deaths that were directly related to intersections.
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.
As with other accident types in Texas, due to modified contributory negligence laws, even a broad-side accident can’t be automatically considered a clear cut case. There’s a chance that the negligence of another driver may not be sufficient for their car policy to pay. Experience and competence are crucial in Texas, as a Texas accident attorney will help you.
Common Mistakes following a traffic collision
Parties to an accident often move the vehicles involved in the collision without taking photos or having police on the scene. This is a mistake, as it stops photographic evidence from being as reliable as possible and prevents police from being present on the scene to observe the vehicles.
Another common mistake is to call the at-fault insurer and make a recorded confession. People mistakenly believe that they are being cooperative. The insurance company doesn’t look out for them. They’re trying to get information that will help them and their insured. The insured is free to not 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 medical documentation to support their claims. As time goes by, it becomes more difficult to get 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 company can also use a delay in treatment as a defense.
There are many common mistakes that people make. These include failing to get treatment right away, not getting immediate treatment, not talking to the insurance company at fault, making a claim, recording a declaration, and trying to resolve the claim yourself.
The fight against the insurance companies
In an attempt to reduce their payouts, insurance companies might unjustly accuse the injured person of causing a crash. It’s possible that the police report is incorrect. Victim-blaming can follow. The negligent driver might cause you to be in a “he said/she said” situation. You’ll need convincing evidence and the support of a professional to win your case.
We investigate the details surrounding our clients’ claims. We read police reports, gather testimonies and preserve electronic data from vehicles and surveillance video.
Personal Injury Insurance
Personal injury protection (PIP), a type insurance coverage, is included on many personal automobile policies. Although you can opt out of PIP in some cases such as if you have Medicare, for most drivers, the coverage is mandatory.
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 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 can also pay for 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 help you cover your short term medical expenses while the case is advancing.
The moment an Accident Case is taken 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. Some issues may be beyond the ability of the parties. Perhaps the plaintiffs had difficulty agreeing on the amount of compensation due to their differences.
Expert witnesses, witnesses, responding law enforcement officers and other witnesses can be called in a trial. The jury will determine the defendant’s liability. A trial case is more expensive and takes longer than a settlement. However, a jury could award more damages to a plaintiff 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.
A deposition is required by the defense side after you file a lawsuit. This is a formal conversation, in which both the plaintiff and defense side will participate. A court reporter will also be present. Each side will ask you questions about the accident and who was responsible, as well as your injuries and damages. To learn more about other drivers, the attorney will ask them questions.
Your attorney will sit with you to defend you against answering questions in a way that may hurt your case while abiding to truthful answers. You might be asked questions that help to shed light on your case by your attorney. You don’t need to feel intimidated by this 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
Expert witness can provide their opinions to the jury in court cases. Expert witnesses can offer their expert opinion to assist the hearings in drawing a conclusion, based upon the available information.
In motor vehicle accidents, medical experts are the most common expert witness. These medical experts, as well as other doctors, can provide an opinion about the chances of recovery for injured parties, their treatment requirements, and prognosis.
Although expert witnesses can help to strengthen a claimant’s case, this is not always the case. Expert witnesses are not always called, and they typically only assist in cases where required by the court. When this happens, an experienced motor vehicle firm will have resources to draw upon for finding 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 that have to occur before you can ever enter the courtroom. The lawsuit must be served to the defendant. Each party will then have to 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.
As you can see, going it alone is not an option. Call us to setup a free consultation to find out what your legal options are. Ward Maedgen Accident Attorneys have helped many people recover after accidents for many years.
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