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 – Fairview
Why You Should Work With an Experienced Auto Accident Attorney
Our legal team will examine every aspect of the incident to determine the strongest possible claim. This commitment and attention are the best way to get compensation, in settlement or at trial. A vehicle accident lawyer can help you determine if you are entitled to 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 is dedicated to making sure that your case goes as well as possible.
Claims adjusters and managers employ tactics and methods to reduce the payout, or get it denied altogether, when an insurance claim is filed. 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. Needless to say, they are good 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 find this out the hard way. For example, we have seen clients come to us after recording a statement. They are trying to work with their insurance company. 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 critical that our potential clients don’t communicate with insurance companies. They’re looking for information that could be detrimental to the client, but potentially beneficial to the defendant and the insurance company. This is particularly true when you consider contributory negligence. Conversing with insurance providers can lead to misunderstandings. 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 the Texas Department of Transportation has no data on rear-end traffic accidents, we know they are approximately 28% or 29% nationally. This type of accident is most likely the most common in the country 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. You must consider mitigating circumstances. Have your brake lights been on? Did you stop traffic completely? Did you use turn signals? Finally, in these instances, there must be a finding of fact: Was the defendant’s vehicle behind you? Because your testimony can be refuted, there must be other evidence to prove the defendant followed too closely.
Rear-end accidents can happen for many reasons. Sometimes there are unseen circumstances or conditions that cause it. You might be able to see an object on the roadway that caused the defendant’s vehicle suddenly to stop. Sometimes, a defendant might have been following too closely and ran into your bumper before smashing into you.
In court, questions will be asked from both sides. For example, what about weather conditions? What contributed to this collision? Is speeding an issue? The question of whether your tail light worked could be up for debate. There is also the question of contributory neglect. Some may argue that you contributed the collision by not stopping for traffic ahead.
As you can see rear-ending is not an automatic win. This is where an experienced auto accident attorney can help you.
While head-on accidents are less common than rear end accidents, they are statistically much more dangerous. 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
These days, the distractions from personal devices is not limited to just texting. Although texting while driving has been banned in Texas since 2017, it is still legal to use handheld devices for other purposes, such as GPS and music. The fact that someone was distracted driving at the time of an accident does not excuse them. 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 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 was responsible for 368 fatal traffic accidents in 2020, regardless of the laws. Numerous others were likely to have contributed to or been involved in other non-fatal accident.
Texas recorded 1,354 fatalities from single-car accidents in 2020. These are known as “ROR” (Run-Off-Road) by the NHTSA.
The majority of ROR crashes involve just one party in an incident with factors such as alcohol use, poor weather, and distracted driving, poor visibility, or other road conditions where loss of control of the vehicle is common. 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’ 2020 fatalities were 51% in “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 another driver ran you off of the road, for example someone under the influence of alcohol or drug or someone who fell asleep at work, you will need to provide proof that the other driver caused the accident. An insurance company reviewing a claim involving a car which was not in contact with another vehicle will investigate the details of how and why you claim that an accident was caused by another person. Witnesses who witnessed the accident may be able give evidence if the driver fled. Many drivers now have dash cams in their vehicles.
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.
Intersectional and Side Impact Collision
As with head-on collisions, side and intersection crashes contribute significantly to fatalities and serious injuries in Texas. The state recorded 865 fatalities in 2020 that were attributed to intersection or related to intersections accidents.
Side impact collisions are more likely to result in serious injuries than those that occur at the front or rear. 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. It is possible that, even if the driver was negligent in an accident, their negligence might not be enough to get their car insurance paid out. It is crucial to have a Texas accident lawyer on your side.
Common Mistakes in 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 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 to call the at-fault insurer and make a recorded confession. People mistakenly believe that they are being cooperative. They are not being looked after by the insurance company. They’re trying to get information that will help them and their insured. The insured does not have to speak with insurance companies.
People can also make the mistake of not seeking treatment immediately, believing 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 do not seek immediate medical attention or wait too long, your insurance company could claim that you were not injured. An insurance carrier may also use a gap between 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.
Fight 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. There is a possibility that you could find yourself in a conflict 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 protection (PIP) is a type of coverage that is included on many personal auto policies. PIP can be removed in certain situations, like if you are eligible for Medicare. However, most drivers must have it.
This type of personal insurance protection protects against medical expenses after an auto accident. 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 also covers lost wages.
It should be noted that the Texas minimum policy limit to cover PIP is $2,500. 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.
When an Accident Case Goes to Court
Most insurance claims can be settled without the need to file a suit.
But not all car accidents can be resolved. Perhaps the parties are unable to resolve the issues. 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 decide how much (or not) liability the defendant is liable. 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 lawyer may be able argue for punitive damages. This is something that cannot be offered in a settlement.
The defense side will request a deposition after you have filed a lawsuit. 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 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 accompany you and help you refrain from answering questions that could damage your case. Your attorney might also ask questions that are favorable to your case. Regardless, you don’t have to be intimidated by the 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
An expert witness is a person who can testify before a jury in a court case. A witness’s expertise can be used to help the jury draw a conclusion from the available information.
Expert witnesses in motor vehicle accident cases are most commonly medical experts. 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. An experienced motor vehicle company will be able to tap into its resources to find the right expert witness when this happens.
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 to be done before you even step foot into the courtroom. The lawsuit will be served on the defendant. Then there is a period where each party exchanges evidence and depose 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 to recover after crashes for years.
- 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