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 – DeSoto
Why you should work with an experienced auto accident attorney
As they build the strongest claim possible, our legal team will review every component of the incident. This commitment and attention are the best way to get compensation, in settlement or at trial. A vehicle accident lawyer can assist you in determining whether your injuries are eligible for compensation through 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.
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 proceeds to litigation, the legal team at the insurance carrier will step in. This is because these professional teams are designed to lower the annual insurance carrier’s payouts. Needless to say, they are good 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. A very bad idea is to go up against these professionals without an attorney.
Sometimes clients find this out the hard way. We’ve seen clients come to our office after they have recorded a statement. This is because they are now trying to work with the insurer. 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 for us.
It’s crucial that potential clients never communicate with their 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 especially true when it comes to contributory negligence. Conversing with insurance providers can lead to misunderstandings. 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: Texas Traffic Collision
The Texas Department of Transportation doesn’t collect data about the percentage of rear-end collisions in traffic accidents. However, they know that this number is around 28% to 29% nationally. This type of accident is most likely the most common in the country and 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 must consider mitigating circumstances. Have your brake lights been 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? You can refute your testimony, but there must be evidence that the defendant did not follow you too closely.
Rear-end crashes can happen for a variety of reasons. Sometimes there are unseen circumstances or conditions that cause it. An object on the road might have caused the defendant suddenly to stop and cause his/her car to crash into your vehicle. Sometimes, a defendant might have been following too closely and ran into your bumper before smashing into you.
In court, the questions will come from both sides of the aisle. How can we talk about the weather? These conditions contributed to the collision. How about speeding? Even if your tail lights are working, there might be a dispute. Last but not least, there’s the matter of 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. 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. 538 deaths were reported by the Texas Department of Transportation in 2020 from head-on collisions. These fatalities accounted for almost 14% in Texas’s traffic deaths.
Distracted Driving Accidents
Today, texting is no longer the only distraction from personal devices. 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. However, this does not make it any less possible for someone to cause an accident by texting while driving. 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 the state laws, the individual cities of the Dallas/Fort Worth area have adopted ordinances to differing degrees. Some are stricter than the state laws.
Distracted driving caused 368 traffic accident 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 referred to by NHTSA as “ROR” – Run-Off Road Crashes.
ROR crashes most often involve one party. This includes factors like alcohol use, poor weather and distracted driving. These cases are less common in personal injury law firms because most of these accidents are caused by the fault of one party.
ROR collisions can also be caused by another driver. In these cases, you will need to take evasive measures to avoid a collision. Texas’ 2020 fatalities were 51% in “rural” areas. These areas are often surrounded by two-lane highways and have the potential for drivers drifting into another lane. Another reason a driver might be trying to pass dangerously is that he or she may not know how to do so.
You’ll need to prove the other driver was responsible for you being run off the road. 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. Perhaps eye-witnesses or witnesses can give testimony if the other driver fled from the scene. Drivers are increasingly equipping their cars to have 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
Side impact and intersection collisions are major contributors to serious injury and death in Texas, just like head-on collision cases. In 2020, 865 deaths were related to intersection 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.
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. A Texas accident attorney can help you if you lack the experience and expertise.
Common Mistakes after 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 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. Many people believe they are being cooperative, which is wrong. They are not being looked after by the insurance company. They are trying to find information that will benefit their insured. The insured is free to not 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 the documentation required by a doctor to back up their claims. As the time passes, so does the delay in receiving 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.
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.
Fighting 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. You might find yourself in a “he said, she said” conflict with the negligent driver. For your case to be successful, you will need strong evidence and the help of a professional.
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), a type insurance coverage, is included on many personal automobile policies. PIP can be removed in certain situations, like if you are eligible for Medicare. However, most drivers must have it.
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 provide coverage for lost wages.
That said, the minimum required policy limit for PIP in Texas is only $2,500 – not a whole lot. If you had a good insurance agent who went over the coverages with you, there’s a good chance that you may have opted for a higher amount. This will allow you to pay for short-term medical expenses while the case progresses.
A case involving an accident goes to court
Most insurance claim settlements are completed before a lawsuit is filed.
However, not every vehicle accident can be fixed. Some issues may be beyond the ability of the parties. Perhaps the plaintiffs or defendants couldn’t agree upon how much compensation should go because they couldn’t resolve their differences.
In a trial witnesses and expert witness may be called. Responding officers from the law enforcement agency and others could also be called. The jury will decide how much (or not) liability the defendant is liable. 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.
After you file your lawsuit, the defense will request that you take 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. Both sides will ask you questions regarding the accident, who is at fault, your injuries, or damages. 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 help defend you from answers that are misleading or harmful to your case. Your attorney may ask you questions that can help your case. You don’t need to feel intimidated by this process. You won’t feel intimidated by the Texas deposition rules. Your accident lawyer will also ensure this.
Texas Motor Vehicle Trial Cases – Expert Witnesses
An expert witness can present their opinion to a jury in a court matter. 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 doctors or other medical experts can render an opinion about an injured party’s probability of recovery, need for treatment, or prognosis.
Expert witnesses can contribute to a stronger case for a claimant, but this is not so every time. 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.
How long does a court case take for an auto accident?
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 lawsuit will be served on the 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’ve seen from this overview of the ins and outs of motor vehicle accident cases in Texas, going it alone is never recommended. Contact us today to schedule a complimentary consultation to learn about your legal rights. Ward Maedgen Accident Attorneys have helped many people recover after accidents for many years.
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Photo Courtesy of: Polewski & Associates, P.C.
Attorney John Polewski – Medical Malpractice Lawyer
Address: 540 E Pleasant Run Rd, DeSoto, TX 75115, USA
Main Phone: (972) 230-6200
Did you know that Attorney John Polewski – Medical Malpractice Lawyer rates 4.8/5 based on 57 total ratings?
Reviews for Attorney John Polewski – Medical Malpractice Lawyer
Anthony C. Lange
2 weeks ago
My husband and I hired John 2 years ago after I was injured durning a medical procedure. This was the hardest time in our lives, not knowing what would happen next and where to go John made this process smooth and easy. He was always willing to listen and go above and beyond to calm my nerves through this life changing event. He was wonderful at communicating the status of my case along with he and his staff were always available to us for any questions we had. Thank you John and Barbara for a job well done! We would definitely refer him to anyone!
Thaddeus B. Townsend
a month ago
I was referred to Polewski & Associates by a friend in mid-2014. I met with John and his team and described what happened to me. John attentively listened and gathered all the information I’d given him. He politely and honestly made sure I understood the entire process and the length of time the process could possible take. John answered any and all questions that I had. Barbara and he kept in contact with me throughout the entire course and kept me abreast of everything pertaining to my case. Ultimately a few years later and just recently we’ve reached a settlement (through mediation). I know that if I did not have John and his team in my corner that I would not have gotten such an outcome. Everyone was very respectful, knowledgeable, considerate and showed great empathy towards my situation. His tenacity in getting me a victory is greatly appreciated! I sincerely hope no one ever has to go through all that I’ve been through, but if that were the case I would HIGHLY recommend Polewski & Associates to help in your time of need.
Jon P. Key
a month ago
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Photo Courtesy of: Gwendolyn E. Hunt, Attorney at Law
Gwendolyn E. Hunt, Attorney at Law
Address: 2010 N Hampton Rd Ste 400, DeSoto, TX 75115, USA
Main Phone: (214) 330-4465
Did you know that Gwendolyn E. Hunt, Attorney at Law rates 5/5 based on 5 total ratings?
Reviews for Gwendolyn E. Hunt, Attorney at Law
2 years ago
Ms. Hunt is very knowledgeable and straightforward! She will fight for you and make sure you get the best deal possible! She’s always available when you need her! Her staff is just as amazing as she is!
Thank you Ms. Hunt!!!
2 years ago
Attorney Hunt helped me in my case . I am so thankful for her . She saved my family . Shes extremely helpful , gave me time and followed up with me .
4 years ago
I enjoyed working with Attorney Hunt and Mrs. Wanda they explained the process and went over all the paperwork and all that was needed and timely matter I would refer them to anyone that is facing a financial crisis at this time I love the office and the atmosphere I am stress free and able to maintain
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Tax Relief Systems
Address: 600 Rolling Hills Ln, DeSoto, TX 75115, USA
Main Phone: (877) 576-0111
Did you know that Tax Relief Systems rates 5/5 based on 1 total ratings?
Reviews for Tax Relief Systems
3 years ago
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