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 – Coppell
Why You Should Work With an Experienced Auto Accident Attorney
As part of their strongest possible claim, our legal team will investigate every component. This commitment and attention are the best way to get compensation, in settlement or at trial. An experienced vehicle accident lawyer will help you determine if your injuries are covered by no-fault insurance. This can include anything from financial recompense for any losses or hurt you have incurred, missed wages, and skyrocketing expenses. 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.
Claim adjusters and managers can use tactics and other methods to minimize the payout or get it denied. If the case moves to litigation, then the legal team from the insurance carrier steps 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 do a great job.
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. To face these professionals unarmed and without the representation of your own attorney is usually a very bad idea.
Sometimes clients find this out the hard way. We have seen for example folks come to us after they have given a recorded statement, trying to work with the insurance company themselves. Normally they make huge mistakes that play to the advantage of the company and hurt or destroy their chances of a favorable claim. We often cannot help you once it is too late.
It’s crucial that potential clients never communicate with their insurance companies. This is because they seek information that might be harmful to their client but which may prove to be beneficial to both the defendants and the insurance company. This is especially true for contributory negligence. It is possible to have misunderstandings when you speak with insurance companies. 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: Traffic collision – Texas
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. You should evaluate mitigating factors. Are your brake lights on? Did you come to a complete stop in the flow of traffic? Are you using turn signals or a lane change? In all these instances, a finding must be made of fact. For example, was the defendant’s vehicle behind your vehicle? Although your testimony could be disproven, you must provide additional evidence to prove that the defendant actually followed you.
Rear-end collisions may occur for a couple of reasons. Sometimes, it is not obvious circumstances that lead to the collision. 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. How can we talk about the weather? Can they be blamed for this collision? Was speeding a factor? There might even be an argument about whether or not your tail lights were working. 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. It is a great idea to consult an experienced attorney who specializes in auto accident cases.
Although head-on collisions are statistically less common than rear end accidents, they are statistically more deadly. According to the Texas Department of Transportation, 538 people died in head-on collision accidents in 2020. These fatalities accounted for almost 14% in Texas’s traffic deaths.
Distracted driving accidents
The distractions caused by personal devices aren’t limited to 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. However, the law allows for a Class A Misdemeanor to be filed. This can include a one-year sentence and a maximum $4,000 fine.
Individual cities in the Dallas/Fort Worth region have their own ordinances, which are more stringent than state laws.
Distracted driving caused 368 traffic accident deaths in 2020. Many more people were involved in or contributed towards non-fatal accidents.
Texas’ single car accident deaths were responsible for 1,354 deaths in 2020. These are known as “ROR” (Run-Off-Road) by the NHTSA.
ROR crashes most often involve one party. This includes factors like alcohol use, poor weather and distracted driving. 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.
ROR accidents can happen when another driver is driving, and you have to take evasive maneuvers to avoid being in a collision. In Texas during 2020, 51% of the fatal accidents occurred in what were called “rural” areas. These areas have often two-lane highways that are shared with opposing traffic. This makes it easy for drivers to drift into the oncoming lanes. 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. If you allege that the accident was caused or contributed to by another driver, an insurance company will review your claim. 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
Side impact and intersection collisions are major contributors to serious injury and death in Texas, just like head-on collision cases. In 2020 there were 865 deaths that were directly related to intersections.
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. While side impact airbags can be used to prevent injuries from occurring, such as curtains and impact pillars on modern cars, these types of accidents are still a serious 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 is a good chance that even if the other driver was negligent, their negligence may not be enough for their car insurance to pay out. Experience and competence are crucial in Texas, as a Texas accident attorney will help you.
Common Mistakes After a Traffic collision
Often, parties to the accident will move the vehicles involved without taking pictures or having police present on the scene. This is a mistake as it prevents photographic evidence from being as dependable and misses the chance for police observation of the vehicles as they were immediately upon settling from the collision.
Another common mistake is to call the at-fault insurer and make a recorded confession. Many people believe they are being cooperative, which is wrong. The insurance company doesn’t look out for them. They are trying to find information that will benefit their insured. The insured is not required to contact the insurance company.
People make the common mistake of not seeking treatment immediately and believing that they can handle it. They don’t have any documentation from a medical 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 may also use a gap between treatment as a defense.
It is common for people to make mistakes by talking to the at fault insurance company, recording statements, trying to resolve their claims themselves, accepting an early settlement before they know the outcome, or not getting treatment immediately.
Fighting the Insurance Companies
Insurance companies could falsely accuse a wounded person of causing an accident in order to reduce payouts. You might find yourself victim-blaming after the police report is wrong. You may find yourself in a dispute with the negligent motorist. You’ll need convincing evidence and the support of a professional 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.
Personal Injury Protection Insurance
Personal injury protection (PIP), is a type coverage that is included in many personal auto policies. PIP is optional for some drivers.
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 may also be used to pay lost wages.
However, Texas’ minimum policy limit for Personal Injury Protection (PPI) is $2,500. Not a lot. It’s possible that you would have selected a higher sum if you had a competent agent who explained the coverages to you. This will be useful to cover medical expenses for the short term while your case is developing.
A case involving an accident goes to court
Most insurance claim settlements are completed before a lawsuit is filed.
But not all car accidents can be resolved. Some issues may be beyond the ability of the parties. Perhaps the plaintiffs and defendants could not agree on how much compensation should be paid because they couldn’t 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 on the defendant’s extent of 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 may be able even to argue for punitive damage. This is something you would not get in a settlement.
A deposition is required by the defense side after you file a lawsuit. This is a formal conversation that you will have with the defense side. The court reporter and both attorneys from each side will also be present. Both sides will ask you questions to get more information about the accident, who was negligent, your injuries, damages, and other details. 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 assist you in answering any questions you may have. You may be asked questions by your attorney that will shed light on your case. Regardless, you don’t have to be intimidated by the process. Texas regulations for depositions make it clear that you will not feel intimidated. And your accident lawyer will confirm this.
Texas Motor Vehicle Trial Cases
An expert witness is a person who can testify before a jury in a court case. Witnesses can use their expertise to help the jurors reach a decision based on the information available.
Most often, experts in motor vehicle accidents are medical professionals. These medical experts and doctors can give an opinion on the likelihood of recovery, treatment needs, or prognosis for an injured party.
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. If this occurs, an experienced motor car firm will have the resources necessary to find the right expert witnesses.
How long does it take to get a court case for an auto crash?
How long it takes to get through a trial isn’t the only factor. There are many things to be done before you even step foot into the courtroom. The lawsuit must be served on the defendant. The parties then exchange evidence and take deposition witnesses. The entire process can take anywhere from a few months to one year depending on how complex and involved the case.
As you can see, going it alone is not an option. 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: Zenith Legal Services
Zenith Legal Services
Address: 450 S Denton Tap Rd, Coppell, TX 75019, USA
Main Phone: (972) 638-7022
Did you know that Zenith Legal Services rates 5/5 based on 2 total ratings?
Reviews for Zenith Legal Services
6 years ago
Venky is a good friend of mine and meticulous in his work. Based on my regular conversations with him over the years, I am aware he has been representing himself pro se effectively in his own legal matters. With his engineering and managerial background (to which he is currently in the process of adding a law degree) and problem solving skill-sets, Venky can be an excellent mediator, making the mediation process easy, harmonious and non-adversarial and at the same time being able to achieve a win-win for both sides. I wish him good luck in his career.
6 years ago
Venky Venkatraman, the principal of Zenith Advisory Services, has been representing himself pro se in a trial court case that has some appellate issues. He has contacted me about the appellate issues, and I was quite impressed with his knowledge of the law and the court system. Of the many non-lawyers with whom I’ve discussed legal topics, Venky is the most capable of high-level legal analysis. Venky has recently started law school and has opened a mediation practice. Based on my conversations with him, I’m confident that he is able to use his own experiences as a litigant and his interpersonal skills to be an very effective mediator.
Photo Courtesy of: Norris Law Firm, PLLC
Norris Law Firm, PLLC
Address: 735 Plaza Blvd #200, Coppell, TX 75019, USA
Main Phone: (214) 396-4700
Did you know that Norris Law Firm, PLLC rates 3/5 based on 2 total ratings?
Reviews for Norris Law Firm, PLLC
in the last week
Shannon Norris by far is an exceptional lawyer. Very responsive, and very helpful with any employment law related questions. I would recommend Shannon Norris for all your Employment Law related issues.
Thanks Shannon for all your help throughout my tenure as an HR Director, and personal related concerns.
11 months ago
Photo Courtesy of: Akerly Law PLLC
Akerly Law PLLC
Address: 878 S Denton Tap Rd Suite 100, Coppell, TX 75019, USA
Main Phone: (469) 444-1878
Did you know that Akerly Law PLLC rates 5/5 based on 2 total ratings?
Reviews for Akerly Law PLLC
10 months ago
I recently switched to this firm after a horrible experience with 2 other prior firms over the past 5 years. In the past, I’ve worked with attorneys from supposedly “high profile firms” that claimed to be “the best of the best” and the experience was definitely less than! From never spelling my name correctly on court related documents, delayed response times, leaving me guessing, not answering my questions, not being upfront, skewing the truth, to just overall horrible service. Proving that bigger firms are not always better.
Even though it is still early on, I have to say I am BEYOND pleased with the service I am receiving at Akerly Law PLLC! They are super quick to respond, professional, knowledgeable, and honest (which I really appreciate)! They take the guess work out of almost everything, are attentive to your needs, and answer your questions with detail and care. Their high-caliber service is something that puts them leaps above the rest. They are exactly what they say: Big Law Experience; Small Firm Price. I would recommend them 100 times over!
Gabriela N. Anderson
2 years ago
I received very valuable advice from this office and the attorney even provided a free consultation through his very professional assistant. While there is still a lot of work on my case (deceptive trade practice by auto dealership), as a pro se consumer I’ve got a much better understanding of the situation now and I’ll be able to research much more effectively due to this help. Thank you!