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 – Flower Mound
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. 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.
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. This is because these professional teams are designed to lower the annual insurance carrier’s payouts. They do a great job.
This means that you are guaranteed to work with people who have the same goal as you: to reduce your claims and to keep the law in line. 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 often make mistakes that benefit the company and can hurt or ruin their chances of winning a favorable claim. By this time, it is often too late for us to help.
It is important that potential clients do away 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 especially true for contributory negligence. There are many misunderstandings that can result from interacting with insurance providers. 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: Texas Traffic Collision
Rear-end Collisions
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 accident is probably the most common nationwide and Texas is no exception.
Texas is a “modified relative fault state” meaning that rear-end crashes do not just point the finger at the driver. You must consider mitigating circumstances. Did you have your brake lights on at all? Did you bring traffic to a halt? You used turn signals. Then, the finding of fact must be made in these cases: Was the defendant’s vehicle behind you? Although your testimony could be disproven, you must provide additional evidence to prove that the defendant actually followed you.
There are a few reasons rear-end collisions can occur. Sometimes, there are unforeseeable circumstances or conditions that can cause rear-end collisions. 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.
Both sides will be asked questions in court. What can you say about weather conditions, for example? What contributed to this collision? Speeding is another possibility. The question of whether your tail light worked could be up for debate. There is also the question of contributory neglect. 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. An experienced auto accident attorney is invaluable in navigating these issues.
Head-on Collisions
Head-on crashes are less common than rear-end accidents but are statistically more dangerous. According to the Texas Department of Transportation, 538 people died in head-on collision accidents in 2020. These accidents made up almost 14% the total traffic fatalities in Texas for the year.
Distracted Driving Accidents
Nowadays, distractions from personal phones are more than 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. A person can be charged for a Class A misdemeanor, including jail time of upto a year and a maximum $4,000 penalty.
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. Numerous others were likely to have contributed to or been involved in other non-fatal accident.
Single Vehicle
Texas’ single car accident deaths were responsible for 1,354 deaths in 2020. The NHTSA refers to these as “ROR” or Run-Off-Road crashes.
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. Because these types of accidents usually occur without fault, they are not often handled by personal injury law firms.
ROR crashes can be caused by an accident involving another driver. You will have to take evasive steps to avoid collisions. Texas was home to 51% of all fatalities 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. Other times, drivers may try to pass unintentionally.
You’ll need to prove the other driver was responsible for you being run off the road. If an accident occurred between two cars, the insurance company will examine why. Eye-witnesses may be able to testify if the other driver fled. Additionally, more drivers are installing dash cams to their cars.
To prove that your Run-off-road accident occurred due to negligence of another driver, you will need to consult a personal injury attorney.
Intersectional and Side Impact Collision
Like head-on collision cases, intersection and side impact crashes are a major contributor to serious injury and fatalities in Texas. In 2020, 865 deaths were related to intersection 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.
A broad-side accident, like other types of Texas accidents, can’t automatically be considered a case due to Texas’ modified contributory negligence laws. Even if the negligent driver caused the accident, it is possible that their negligence will not be sufficient to make their car insurance pay. A Texas accident attorney can help you if you lack the experience and expertise.
Common Mistakes following a traffic collision
Parties to an accident may move vehicles without taking photographs or having officers present at 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.
People make another common error when they contact their at-fault insurance company and give a recorded statement. Many people believe they’re being cooperative. They don’t have to look out for their insurance company. They’re trying to get information that will help them and their insured. There is no obligation for the insured to speak to the insurance company.
People also sometimes make the mistake of waiting to seek treatment until they feel they can manage it. They don’t have any documentation from a medical professional to support their claims. As time goes by, it becomes more difficult to get treatment. If you delay in seeking medical attention, or if you wait too long to seek it, insurance companies can claim that you are not injured. An insurance company can also use a delay in 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.
The fight against the insurance companies
Insurance companies may falsely accuse the victim of causing a collision to lower their payouts. The police report might be wrong, and victim-blaming may follow. It is possible that you will find yourself in a “he told, she said” dispute with the negligent driver. 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 Insurance
Personal injury coverage (PIP) can be included on most personal auto policies. PIP can be omitted in certain cases, such as Medicare, but for most drivers it is mandatory.
This type of personal insurance protection protects against medical expenses after an auto accident. This means you can pay for your own and your passengers’ medical bills regardless of how the case ends. PIP can also provide coverage for lost wages.
However, Texas’ minimum policy limit for Personal Injury Protection (PPI) is $2,500. Not a lot. A good agent will have reviewed your coverages with you and recommended a higher amount. If so, this will come in handy to cover shorter term medical expenses while the case is progressing.
When an Accident Case Is Submitted to the Court
Most insurance claim settlements are completed before a lawsuit is filed.
However, not all automobile accidents can be resolved. Perhaps the issues that need to be resolved are beyond the parties’ abilities. Perhaps the plaintiffs had difficulty agreeing on the amount of compensation due to 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 determine the defendant’s liability. 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 attorney can argue that punitive or other damages be awarded to you. This is something not offered in a deal.
Being Deposed
After you file a lawsuit, the defense side will want to hold a deposition. You will be asked questions by both sides during this formal conversation. Both the attorneys on each side will be there as well as a reporter. Both sides will ask you questions to get more information about the accident, who was negligent, your injuries, damages, and other details. Our attorney will also depose any other drivers to get their side of the story, get insight into what they may say in their testimony at the trial, learn more about the finances and insurance coverage of the defendant, get a feel for the defense strategy of the defendant, and more.
Your attorney will assist you in answering any questions you may have. Your attorney might also ask questions that are favorable to your case. The process is not intimidating, but you don’t have the right to feel afraid. Texas law for depositions ensures that you will not be intimidated. Your accident attorney will also ensure that you aren’t.
Expert Witnesses in Texas Motor Vehicle Trial Cases
Expert witness can provide their opinions to the jury in court cases. Expert witnesses can offer their expert opinion to assist the hearings in drawing a conclusion, based upon the available information.
Most often, experts in motor vehicle accidents are medical professionals. 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 do not usually participate in cases and are only called when necessary. When this happens, an experienced motor vehicle firm will have resources to draw upon for finding the right expert witness.
How Long Does a Court Case Take For an Auto Accident?
The trial itself is actually not the only consideration when answering how long the process takes. Before you can step foot in the courtroom, there are many things that must happen. The lawsuit will be served on the defendant. After that, each party must exchange 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. Call us to setup a free consultation to find out what your legal options are. Ward Maedgen Accident attorneys have helped many recover from car crashes over the years.
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Todd Durham Law Firm
Address: 4315 Windsor Centre Trail Suite 100, Flower Mound, TX 75028, USA
Main Phone: (214) 222-4000
Visit the Todd Durham Law Firm Website
View Todd Durham Law Firm on Google
Latitude: 33.044904
Longitude: -97.0715312
Did you know that Todd Durham Law Firm rates 5/5 based on 1 total ratings?
Reviews for Todd Durham Law Firm
Adrian Crane
5/5
5 years ago
Todd worked for me for a number of years. He was always top-shelf and a totally honest person. He also knows personal injury law like the back of his hand as that’s all he’s done. He can come back to work for me anytime although he’s doing great on his own. I highly recommend him.
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Photo Courtesy of: National Title Group Cathy Miller Team
National Title Group Cathy Miller Team
Address: 3360 Long Prairie Rd #200, Flower Mound, TX 75022, USA
Main Phone: (972) 221-3521
Visit the National Title Group Cathy Miller Team Website
View National Title Group Cathy Miller Team on Google
Latitude: 33.0313339
Longitude: -97.0701751
Did you know that National Title Group Cathy Miller Team rates 4.2/5 based on 15 total ratings?
Reviews for National Title Group Cathy Miller Team
David Andrews
5/5
a year ago
I have worked with the Cathy Miller Team for over 16 years. They have always been professional, helpful, and timely with our land purchase transactions and home closings for Century Custom Homes customers. This team is a family and they have proven it by staying together for as long as I have known them.
Jill Hughes
5/5
a year ago
I Love working with National Title!
They go above and beyond in taking care of all of the parties involved. Cathy Miller’s experience along with her team is the best in the area.
Ashly Breitenst
1/5
2 years ago
I closed on my house with this title company as a seller. Upon closing they gave me an amount for a leaseback on my property which i questioned because it seemed low, they assured me and my realtor it was correct. Fast forward 2 weeks after closing, it wasn’t correct. So I owned more money. Any body going through the home buying or selling process knows this can make a big difference on how you move forward. I would never recommend a title company who can’t even calculate data correctly. I will post this as many place as I can on the internet. Selling my home was stressful enough how can they put someone through this?
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Brown Betty L
Address: 1021 Long Prairie Rd #402, Flower Mound, TX 75022, USA
Main Phone: (972) 355-0092
Visit the Brown Betty L Website
Latitude: 32.9975195
Longitude: -97.067162
Did you know that Brown Betty L rates 5/5 based on 3 total ratings?
Reviews for Brown Betty L
Daryl Johnson
5/5
2 years ago
Betty really knows her stuff…Ive used her multiple times and always get trusted advice.
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Photo Courtesy of: Attorney Phillip M Herr at Dankesreiter & Emmet, LLP
Attorney Phillip M Herr at Dankesreiter & Emmet, LLP
Address: 3010 Broadmoor Ln #200, Flower Mound, TX 75022, USA
Main Phone: (972) 691-3677
Visit the Attorney Phillip M Herr at Dankesreiter & Emmet, LLP Website
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Latitude: 33.033943
Longitude: -97.0761414
Did you know that Attorney Phillip M Herr at Dankesreiter & Emmet, LLP rates 4.8/5 based on 41 total ratings?
Reviews for Attorney Phillip M Herr at Dankesreiter & Emmet, LLP
Robert Reister
5/5
5 months ago
Mr. Herr and his team are super professional and organized. A pleasure to work with them.
Standley Apollos
5/5
5 months ago
Always straight forward and straight to the point. This guy gets results
Ashley Acker
5/5
9 months ago
Phillip was a valued and trusted resource during a difficult time. He and his office were responsive, great communicators and kept the process moving smoothly and effectively. His additional insight and thoroughness really paid off in my case. I highly recommend the Law Office of Phillip Herr.
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Photo Courtesy of: Hayes, Berry, White & Vanzant, LLP
Hayes, Berry, White & Vanzant, LLP
Address: 1011 Surrey Ln #200, Flower Mound, TX 75022, USA
Main Phone: (972) 201-3024
Visit the Hayes, Berry, White & Vanzant, LLP Website
View Hayes, Berry, White & Vanzant, LLP on Google
Latitude: 32.998656
Longitude: -97.069088
Did you know that Hayes, Berry, White & Vanzant, LLP rates 5/5 based on 4 total ratings?
Reviews for Hayes, Berry, White & Vanzant, LLP
Kendra Enget
5/5
a year ago
Like most, I never dreamed that I would be in a position to need a divorce attorney, but found myself in just such a position after my (now ex) husband filed for divorce. Divorce is brutal – emotionally, physically and financially. It turns your world upside down and it’s difficult to find a path forward. Thankfully, a fellow church member recommended HBWV, where I found an expert advocate, Brian Tackett. Brian is everything I wanted and needed in an attorney. He was honest about the process and the potential costs associated with various options; practical and candid as new and unexpected situations arose; and I ALWAYS felt that he was my advocate. Truthfully, he still is my advocate, because, sadly, especially where kids are involved, one will continue to need a strong attorney for years beyond the finalization of the initial divorce decree. His experience is evident. He knows the ins and outs of all legal issues related to divorce and custody, and he truly cares for his clients and their families. I would imagine that he has quite a case load, but I have never once felt that I was less important than any other client. He and his amazing paralegal, Pam Snavely, are incredibly compassionate and simply wonderful to work with. If you are in a place where you are in need of a divorce attorney, look no further; hire Brian Tackett to represent you. He’s worth every penny.
Jeanne Prestjohn
5/5
a year ago
Trey Sargent, and his team, provided quick, effective resolution to my situation. Trey immediately knew how to resolve the issue and took the time to explain the process to me. He communicated to me how much it would cost and ways to keep the cost at a minimum. Further, whenever I had a question, he responded quickly. I thoroughly enjoyed working with him and knew that he was a true advocate for me. Definitely, I highly recommend him to others!
Jacob D
5/5
a year ago
After reading the tenant statutes I was 98% sure that I was handling a naughty landlord appropriately. I needed a quick answer to just be sure about my situation and Trey helped me out when everyone else wanted $400.00+ for the first hour. Trey thank you for the “slam dunk” answer I needed. This shows your true nature and the real reason why you became a lawyer…to help people! To you and your team THANK YOU!
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Photo Courtesy of: Ilarraza Law, P.C.
Ilarraza Law, P.C.
Address: 1011 Surrey Ln Bldg 200, Flower Mound, TX 75022, USA
Main Phone: (214) 646-3253
Visit the Ilarraza Law, P.C. Website
View Ilarraza Law, P.C. on Google
Latitude: 32.9986525
Longitude: -97.0689929
Did you know that Ilarraza Law, P.C. rates 4.9/5 based on 38 total ratings?
Reviews for Ilarraza Law, P.C.
John Vaughan
2/5
2 months ago
If you want someone to fill out paper work, she’s great. Want some guidance or explanations? Look elsewhere. She has a 24 hour waiting period to answer emails that makes it very hard to get in touch with her. She also turned in paperwork to me on a Friday afternoon on multiple occasions. I would not recommend her if you want a divorce and you aren’t already a lawyer.
Patrick Gipson
5/5
8 months ago
They are amazing and I would recommend them to anyone needing help. Best choice we ever made!!!
Cedar Jones
5/5
10 months ago
Jennifer Wilson is a real life Wonder Woman! She fought hard to get me a seemingly impossible outcome in my case. I can never thank her enough for all of her hard work and determination in my case. She was an absolute beast in the courtroom. Very professional, informative and kind. Ms. Wilson was worth every penny. Crystal, Jessi, and Desiree were very professional and kind, as well. Trust me, you want these ladies on your side!
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Photo Courtesy of: Chermol & Fishman, LLC – Texas Office
Chermol & Fishman, LLC – Texas Office
Address: 4105 Spring Meadow Ln, Flower Mound, TX 75028, USA
Main Phone: (888) 774-7243
Visit the Chermol & Fishman, LLC – Texas Office Website
View Chermol & Fishman, LLC – Texas Office on Google
Latitude: 33.0400319
Longitude: -97.054041
Did you know that Chermol & Fishman, LLC – Texas Office rates 4.4/5 based on 8 total ratings?
Reviews for Chermol & Fishman, LLC – Texas Office
David Edward
1/5
a month ago
First time I called they were quick to get me off the phone and they gave me a public National phone number for assistance that no longer worked. When I called back she said that was the only number she had and unless I sent an email to the Social Security Administration office that I’ve been on hold for over 3 hours on and I’ve been trying for months ever since they denied my claim, since that has cost me everything in my life, the woman that answer the phone let me know that this was an attorney’s office and the only thing that she could do was help me with the resources that she had since I could not afford to become a client. I said okay, and waiting for her to give me another phone number or some other assistance that she just stated she could provide, she simply just hung up on me.
L. C.
5/5
2 months ago
Absolutely great customer service!!! I contacted them late at night via their online form and got a call from Margo the next morning. After I sent in my document, Sandy called me and explained everything patiently. My wife’s case didn’t work out, but I am still very happy with their service. If I can rank them 10 Stars, I would. Thank you Margo & Sandy!!!
Samantha Burke
5/5
2 weeks ago
It was refreshing to have such a genuinely helpful, kind, and responsive staff for my family member’s SSD case. They reduced our stress big time and helped things go much more smoothly. Thanks team!
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Photo Courtesy of: Peace & Associates, PLLC
Peace & Associates, PLLC
Address: 3212 Long Prairie Rd #200, Flower Mound, TX 75022, USA
Main Phone: (940) 591-6006
Visit the Peace & Associates, PLLC Website
View Peace & Associates, PLLC on Google
Latitude: 33.0296104
Longitude: -97.0703092
Did you know that Peace & Associates, PLLC rates 5/5 based on 5 total ratings?
Reviews for Peace & Associates, PLLC
Kim Kao
5/5
5 years ago
Chad handled a custody case for my family. He did an amazing job. He went to bat for our case and got what we wanted. Thank you.