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 – Denton
Why an Auto Accident Attorney is an Expert in Your Area
Every component of the incident will be examined by our legal team as they develop the strongest possible claim. 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 help you determine if you are entitled to compensation through no fault insurance. This includes financial recompense for any injuries or losses you sustained, missed wages, and other skyrocketing costs. 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.
Managers and claims adjusters use strategies and methods to try and reduce or deny the payout of an insurance claim. The legal team of the insurance company can also intervene if a case is brought to court. This is because these professional teams are designed to lower the annual insurance carrier’s payouts. Needless to mention, they excel at what they do.
This means that no matter what happens, if you speak with the other driver’s insurance company, you can be sure you’ll be dealing with people whose goal is to minimize claims in any legal way possible. 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. For instance, people have come to us after having given a recorded declaration. They want to be able to work with insurance companies. 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 important that potential clients do away with 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. Talking to insurance providers can cause misunderstandings. They aren’t trying to protect you. Instead, they are playing a game in which they try to get out from paying you the amount of your claim.
Common Case Types: Traffic collision – Texas
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 “modified comparative fault state” which means, according to state laws, rear-end collisions do not solely point blame towards the driver who caused them. It is important to consider the potential contributing factors. Did you have your brake lights on at all? Are you able to stop traffic flow completely? Did you use turn signals? Finally, in these instances, there must be a finding of fact: Was the defendant’s vehicle 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 it’s not apparent circumstances or conditions that cause them. 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, the questions will come from both sides of the aisle. What can you say about weather conditions, for example? Can they be blamed for this collision? Is speeding an issue? You might also argue about whether your tail lights worked. Last, but not least is the question about contributory negligence. You might be argued that you contributed to the accident if you did not lane brake ahead of traffic.
As you can see, a rear-end does not guarantee a win for the claimant. A skilled attorney in auto accidents is invaluable for helping you navigate these issues.
Although head-on crashes occur less frequently than rear-end accidents, they can be statistically more serious. In 2020 the Texas Department of Transportation reported 538 deaths from head-on collision accidents. These accidents were responsible for nearly 14% of all traffic fatalities in Texas.
Distracted Driving Accidents
Distractions from personal devices are not limited to texting. Texas has made texting while you drive illegal since 2017. However, it is still legal for a handheld device to be used for other purposes like GPS and playing 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. A Class A misdemeanor can result in a sentence of up to one year in jail and as much as $4,000 in fines.
In addition to state laws, individual cities in the Dallas / Fort Worth area have created ordinances to varying degrees, some more strict than the state laws.
Distracted driving is the cause of 368 traffic fatalities in 2020, regardless if there are any laws. Hundreds more could have been involved or contributed in non-fatal traffic accidents.
Texas saw 1,354 car-related deaths in 2020. The NHTSA refers to these as “ROR” or Run-Off-Road crashes.
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.
Some ROR accidents are caused by another driver, requiring you to take evasive actions to avoid a collision. In Texas during 2020, 51% of the fatal accidents occurred in what were called “rural” areas. These areas typically have two-lane highways with opposing traffic, which can lead to drivers drifting into the oncoming lane. In other cases, a driver may be attempting to pass unsafely.
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. If you allege that the accident was caused or contributed to by another driver, an insurance company will review your claim. Witnesses who witnessed the accident may be able give evidence if the driver fled. It’s more common than ever that more drivers equip their cars with dash cameras.
For a Run-off-road case where another driver was negligent, you should contact a good personal injury lawyer to help you build a strong case.
Intersectional 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 fatalities that could be attributed to intersection accidents or related to intersections 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. 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.
Due to Texas’s modified contributory negligent laws, even a broad-side collision can’t always be considered a straight 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. 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
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 because it makes photographic evidence less reliable and leaves the possibility for police to observe the vehicles after they have settled from the collision.
Another common mistake is people contacting the at-fault insurer and make a recorded statement. People mistakenly believe that they are being cooperative. They aren’t being looked out for by their insurance company. They want to help their insured. There is no obligation for the insured to speak to the insurance company.
Sometimes people make the error of not seeking immediate treatment, thinking they are able to handle it. They don’t have the documentation required by a doctor to back up their claims. There is more time between getting treated and not getting it. If you wait too much or don’t seek medical attention right away, the insurance company can claim that your injuries aren’t sustained. 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.
Combating 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. 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 examine all aspects of our clients’ claims. This includes reviewing police reports, gathering witness testimony, preserving electronic data from automobiles, surveillance videos, and consulting crash reconstruction specialists.
Personal Injury Protection Insurance
Personal injury coverage (PIP) can be included on most 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 type of personal insurance protection protects against medical expenses after an auto accident. This means that you and your passengers can receive medical costs regardless of whether the case involves the liability of another driver. PIP may also be used to pay lost wages.
Although the Texas minimum policy limit is $2,500, it’s not too high. 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 cover short-term medical expenses as the case progresses.
When an Accident Case Goes to Court
Most insurance claim settlements are completed before a lawsuit is filed.
However, not every vehicle accident can be fixed. 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.
Expert witnesses, witnesses, responding law enforcement officers and other witnesses can be called in a trial. The jury will decide how much (or not) liability the defendant is liable. Although a trial case may take more time and money than a settled claim, a jury might be able to award a plaintiff higher than any settlement. Sometimes, your lawyer may be able argue for punitive damages. This is something that cannot be offered in a settlement.
Discovery & Deposition
After you file a suit, the defense side will ask for a deposition. This is a formal conversation in which you will be sward in, both side’s attorneys will be present along with a court reporter. 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 help defend you from answers that are misleading or harmful to 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. Texas’s deposition rules mean you won’t be intimidated, and your accident attorney will ensure that this happens.
Texas Motor Vehicle Trial Cases – Expert Witnesses
An expert witness can present their opinion to a jury in a court matter. Using their expertise, the witness can help those hearing the case draw a conclusion based on available information.
Medical experts are the most common expert witness in motor vehicle accident cases. These doctors and other medical experts can offer an opinion about the probability of recovery, treatment needed, or prognosis of an injured party.
While expert witnesses can make a claimant stronger, it is not always possible. Expert witnesses aren’t always called. They typically participate only when requested by the court. When this happens, an experienced motor vehicle firm will have resources to draw upon for finding the right expert witness.
What length of time does it take for a court case regarding an auto accident to be resolved?
How long it takes to get through a trial isn’t the only factor. There are many things you need to do before you step into the courtroom. The defendant will have to be served with the lawsuit. After that, each party must 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. Contact us today to schedule a complimentary consultation to learn about your legal rights. Ward Maedgen Accident attorneys have helped many recover from car crashes over the years.
76207, 76205, 76201, 76208, 76209, 76210, 76259, 76202, 76203, 76204, 76206
- Balch Springs
- Beverly Hill
- Blue Ridge
- Camp Dallas
- Cedar Hill
- Cockrell Hill
- Cooper Creek
- Copper Canyon
- Corral City
- Cross Roads
- Deep Water Point Estates
- Double Oak
- Farmers Branch
- Flower Mound
- Glenn Heights
- Grand Prairie
- Green Valley
- Hickory Creek
- Highland Park
- Highland Village
- Lake Dallas
- Lakewood Village
- Lavon Beach Estates
- Lavon Shores Estates
- Ledbetter Hills
- Liberty Grove
- Little Elm
- Lowry Crossing
- Mobile City
- New Hope
- Oak Point
- Paloma Creek
- Paloma Creek South
- Pilot Point
- Providence Village
- Royse City
- Shady Shores
- St. Paul
- The Colony
- Trinity Park
- Trophy Club
- University Park
- Yucote Acres