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 – Garland
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. 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 can include anything from financial recompense for any losses or hurt you have incurred, missed wages, and skyrocketing expenses. Contact our Dallas law offices for a free initial consultation to learn more about all your options. Ward Maedgen Accident Attorneys are committed to helping you get the best outcome possible.
Claim adjusters and managers can use tactics and other methods to minimize the payout or get it denied. If a case proceeds to litigation, the legal team at the insurance carrier will step in. These professional teams have one goal: to lower the insurance carrier’s annual costs. 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 through hard work. 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. Normally they make huge mistakes that play to the advantage of the company and hurt or destroy their chances of a favorable claim. It is usually too late to assist them.
It is crucial that potential clients do not communicate with insurance companies. Because they are seeking information that is potentially harmful to the client but advantageous to the defendant and insurance company, this is why. This is especially true for contributory negligence. It is possible to have misunderstandings when you speak with insurance companies. 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
Rear-end Collisions
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. It is important to consider the potential contributing factors. Are your brake lights on? Did you come to a complete stop in the flow of traffic? Were you using turn signals? Then, the finding of fact must be made in these cases: 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 crashes can happen for a variety of reasons. It can sometimes be caused by circumstances or circumstances that are not known. 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, a defendant may be following too closely and ran up on your bumper before slamming into you.
In court, the questions will come from both sides of the aisle. For example, what can be said about weather conditions? Can they be blamed for this collision? Is speeding an issue? There might even be an argument about whether or not your tail lights were working. Finally, there’s the question of contributory negligence. Some may argue that you contributed the collision by not stopping for traffic ahead.
As you see, rear-ending a claimant is not a guarantee of a win. An experienced auto accident attorney is invaluable in navigating these issues.
Head-on Collisions
Although head-on collisions are statistically less common than rear end accidents, they are statistically more deadly. In 2020 the Texas Department of Transportation reported 538 deaths from head-on collision accidents. These accidents accounted for almost 14% total traffic fatalities during the year in Texas.
Distracted driving accidents
Nowadays, distractions from personal phones are more than just texting. Texting while driving is illegal in Texas, but it is still allowed to use a handheld phone for other purposes such as GPS or music. The fact that someone was distracted driving at the time of an accident does not excuse them. 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 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.
Single Vehicle
In 2020 there were 1,354 deaths recorded in Texas as being caused by single car accidents. These are known as “ROR” (Run-Off-Road) by the NHTSA.
ROR crashes most often involve one party. This includes factors like alcohol use, poor weather and distracted driving. Because these types of accidents usually occur without fault, they are not often handled by personal injury law firms.
ROR collisions can also be caused by another driver. In these cases, you will need to take evasive measures to avoid a collision. Texas was home to 51% of all fatalities in 2020. These areas typically have two-lane highways with opposing traffic, which can lead to drivers drifting into the oncoming lane. Another reason a driver might be trying to pass dangerously is that he or she may not know how to do so.
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. 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. Witnesses who witnessed the accident may be able give evidence if the driver fled. Drivers are increasingly equipping their cars to have dash cams.
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
Like head-on collision cases, intersection and side impact crashes are a major contributor to serious injury and fatalities 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.
As with other accident types in Texas, due to modified contributory negligence laws, even a broad-side accident can’t be automatically considered a clear cut 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. Experience and competence are crucial in Texas, as a Texas accident attorney will help you.
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 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.
Another common mistake is people contacting the at-fault insurer and make a recorded statement. Many people believe they’re being cooperative. They don’t have to look out for their 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 make the common mistake of not seeking treatment immediately and believing that 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.
Talking to the at-fault insurance company, recording a statement, trying to resolve their claim themselves, accepting an earlier settlement before they know the outcome, not getting treatment immediately are all common mistakes people can make.
Fight the Insurance Companies
Insurance companies may unjustly accuse the wounded person of causing a collision in an effort to reduce payouts. You might find yourself victim-blaming after the police report is wrong. You might find yourself in a “he said, she said” conflict with the negligent driver. 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), 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 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.
Although the Texas minimum policy limit is $2,500, it’s not too high. 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 help you cover your short term medical expenses while the case is advancing.
An Accident Case goes to Court
Most insurance claim settlements are completed before a lawsuit is filed.
However, not all automobile accidents can be resolved. Some issues may be beyond the ability of the parties. Perhaps the plaintiffs and defendants could not agree on how much compensation should be paid because they couldn’t resolve their differences.
In a trial, witnesses and expert witnesses may be called, responding law enforcement officers, and possibly others for testimony in front of a jury. The jury will decide on the defendant’s extent of 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 lawyer may be able argue for punitive damages. This is something that cannot be offered in a settlement.
Being Deposed
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 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 accompany you and help you refrain from answering questions that could damage your case. You may be asked questions by your attorney that will shed light on your case. The process is not intimidating, but you don’t have the right to feel afraid. Texas rules for depositions mean that you won’t be intimidated and your accident attorney will also make sure of this.
Expert Witnesses in Texas Motor Vehicle Trial Cases
In a court case, expert witness can give their opinion to a jury. Witnesses can use their expertise to help the jurors reach a decision based on the information available.
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 be a valuable asset to a claimant’s case. However, this is not always true. Expert witnesses aren’t always called. They typically participate only when requested by the court. A motor vehicle firm with experience will be able draw on its resources to find an expert witness.
How long does it take to get a court case for an auto crash?
It is not the only thing that will determine how long the process takes. There are many things you need to do before you step into the courtroom. The lawsuit must be served to the defendant. Then there is a period where each party exchanges evidence and depose witnesses. This entire process can take between one and twelve months depending on how complicated the case is, as well as how many parties involved.
As you can see, it’s not wise to go it alone in Texas. Call us today for a free consultation and to discuss your legal options. Ward Maedgen Accident Attorneys have helped many people recover after accidents for many years.
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Giunta Law
Address: 1919 S Shiloh Rd Ste. 610, Garland, TX 75042, USA
Main Phone: (800) 515-7200
Latitude: 32.894913
Longitude: -96.6668608
Did you know that Giunta Law rates 5/5 based on 3 total ratings?
Reviews for Giunta Law
Duke Carbajal
5/5
a year ago
Where do we start? After a horrible accident that involved our son and not knowing where to turn, we were referred to Giunta Law. Frank and Patty were so helpful and understanding. Completely professional yet very personable at the same time. Just being able to hand our situation over to them and being told the truth at every turn was so comforting. They never wasted time or sugar coated the situation but after seeing their ‘predictions’ come true, it was obvious that we were in good hands. Excellent results and compassionate professionals. We highly recommend Guinta Law!
Kristi Guajardo
5/5
2 years ago
I had went through a very traumatic experience and couldn’t find no one to listen to or help me. Frank and Patty at Giunta Law were very understanding and helpful. I would recommend them above anyone else.
Thomas Taylor
5/5
5 years ago
Frank and the legal team at Giunta Law are very knowledgeable and professional. They have the skills and experience necessary to help you if you’ve been hurt and need legal help. I highly recommend them.
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Photo Courtesy of: The Law Office Of Geri R. Wyatt, PLLC
The Law Office of Geri R. Wyatt, PLLC
Address: 1102 Main St, Garland, TX 75040, USA
Main Phone: (972) 265-9285
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Latitude: 32.9123268
Longitude: -96.6437911
Did you know that The Law Office of Geri R. Wyatt, PLLC rates 3.6/5 based on 7 total ratings?
Reviews for The Law Office of Geri R. Wyatt, PLLC
Jamie Wyatt
5/5
2 years ago
As a client she’s does the very best she can and met my needs in my divorce. Highly recommended to see her in Garland Texas. She serves both Dallas and Collin counties. Family law.
Matthew Ross
5/5
3 years ago
This woman is a real gem of an attorney who really cares about her clients. Constantly offering the best choices in terms of both cost and justice.