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 – Desert
Why an experienced auto accident attorney is important
Our legal team will examine every aspect of the incident to determine the strongest possible claim. You have the greatest chance for getting justice, whether it is through a settlement or jury award. A lawyer for vehicle accident victims can help determine if you are eligible to receive compensation under no-fault coverage. This can cover everything from financial recompense to any losses or injuries you have suffered, missed wages and skyrocketing medical expenses. To learn more about your possible choices, contact our Dallas based law offices immediately for a free initial case 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. The bottom line is that these teams of professionals have their entire job to lower the insurance company’s annual payouts. They are, of course, skilled in 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. It is generally a bad idea to face these professionals unarmed without the assistance of your attorney.
Sometimes clients learn this the hard way. We have seen people come to us after giving a recorded statement and trying to work directly with the insurance company. They make big mistakes that can be used to their advantage and reduce or eliminate their chances of winning a claim. By this time, it is often too late for us to help.
It is crucial that potential clients do not communicate with insurance companies. Because they want information that can be harmful to clients but benefit the insurance company or defendant, this is a problem. This is particularly true when you consider contributory negligence. It is possible to have misunderstandings when you speak with insurance companies. 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: 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 is most likely to be the most prevalent in the nation, and Texas is no exempt.
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 bring traffic to a halt? Was your use of turn signals evident? Then, the finding of fact must be made in these cases: Was the defendant’s vehicle behind you? Since your testimony is susceptible to being refuted, other evidence must be presented to support the claim that defendant followed you too closely.
Rear-end crashes can happen for a variety of reasons. Sometimes there are unseen circumstances or conditions that cause it. One example is when a defendant might suddenly stop in front of you because there may be an object in the way. In some cases, a defendant may be following too closely and ran up on your bumper before slamming into you.
Both sides will be asked questions in court. How can we talk about the weather? They contributed to the collision? What about speeding? You might also argue about whether your tail lights 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, 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.
Head-on crashes are less common than rear-end accidents but are statistically more dangerous. In 2020 the Texas Department of Transportation reported 538 deaths from head-on collision accidents. 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. It does not necessarily mean that someone who causes an accident because of distracted driving is exempted from liability if they are doing something other than texting. A person can be charged for a Class A misdemeanor, including jail time of upto a year and a maximum $4,000 penalty.
Additionally to state laws and ordinances, cities in Dallas/Fort Worth have their own ordinances. Some are more restrictive than others.
Distracted driving was the reason for 368 traffic deaths in 2020. Hundreds more could have been involved or contributed in non-fatal traffic accidents.
In 2020 there were 1,354 deaths recorded in Texas as being caused by single car accidents. 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. 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 collisions can also be caused by another driver. In these cases, you will need to take evasive measures to avoid a collision. Texas had 51% fatal accidents in 2020. 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. In other cases, a driver may be attempting to pass unsafely.
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. 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. 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.
Intersection and Side Impact 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 impacts can cause serious injury. This is due to less protection on the sides of cars than the front and rear. This type of accident is very dangerous in Texas, despite the fact that modern cars come with side impact airbags, impact pillars, and curtains.
Like other Texas accident types, a broad-side incident can’t be treated as a straightforward case because of modified contributory negligence law. 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. A Texas accident attorney can help you if you lack the experience and expertise.
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. It makes it difficult to get reliable photographic evidence and also leaves little opportunity for police observation of the vehicles once they are settled.
Another mistake people make is to contact the at-fault insurer and record a statement. Many people mistakenly think they are being cooperative. They aren’t being looked out for by their insurance company. They are trying to find information that will benefit their insured. There is no obligation on the insured to speak with the insurance company.
Sometimes people make the error of not seeking immediate treatment, thinking they are able to handle it. They don’t have any documentation from a medical professional to support their claims. As time passes, the likelihood of getting treatment is greater. If you wait too much or don’t seek medical attention right away, the insurance company can claim that your injuries aren’t sustained. Insurance companies can also use gaps in treatment to defend their clients.
People can make common errors by not speaking to the at-fault company, making a statement, trying their best to resolve the claim, accepting an earlier settlement without knowing the outcome and not seeking treatment immediately.
Fight the Insurance Companies
Insurance companies may unjustly accuse the wounded person of causing a collision in an effort to reduce payouts. It is possible that the police report was incorrect and victim-blaming could follow. 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 investigate the details surrounding our clients’ claims. We read police reports, gather testimonies and preserve electronic data from vehicles and surveillance video.
Personal Injury Protection Insurance
Personal injury protection (PIP) is a type of coverage that is included on 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 personal auto insurance protection provides coverage for medical expenses incurred after an accident. It’s a type of “no-fault.” This means that you and your passengers can receive medical costs regardless of whether the case involves the liability of another driver. PIP can also provide coverage for lost wages.
That said, the minimum required policy limit for PIP in Texas is only $2,500 – not a whole 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 help you cover your short term medical expenses while the case is advancing.
A case involving an accident goes to court
Most insurance claims can be settled without the need to file a suit.
However, not every vehicle accident can be fixed. Perhaps the parties are unable to resolve the issues. Maybe the defendants and plaintiffs couldn’t agree on the amount of compensation to be paid because they couldn’t settle 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 determine the defendant’s liability. 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 lawyer may be able argue for punitive damages. This is something that cannot 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. Both sides will ask you questions regarding the accident, who is at fault, your injuries, or damages. To learn more about other drivers, the attorney will ask them questions.
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. You don’t need to feel intimidated by this process. 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
In a court case, expert witness can give their opinion to a jury. The expert witness can assist those who are hearing the case to draw a conclusion using their knowledge.
Expert witnesses in motor vehicle accident cases are most commonly medical experts. These doctors or other medical professionals can give opinions about the likelihood of recovery, need to treat, and prognosis of an injury victim.
While expert witnesses can make a claimant stronger, it is not always possible. Expert witnesses are not always called, and they typically only assist in cases where required by the court. A motor vehicle firm with experience will be able draw on its resources to find an 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 to be done before you even step foot into the courtroom. The lawsuit will need to be served on defendant. Then there is a period where each party exchanges evidence and depose witnesses. This process can take upto a year depending upon the complexity of each case and how many people are involved.
As you can see, going it alone is not an option. To learn more about your legal options, call us for a free consultation. Ward Maedgen Accident Attorneys has helped many people to recover from accidents over the years.
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