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 – Hackberry
Why an Auto Accident Attorney is an Expert in Your Area
As they build the strongest claim possible, our legal team will review every component of the incident. 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.
The claims adjusters or managers of insurance companies use tactics and methods in order to limit the payouts, or even deny it entirely. The legal team of the insurance company can also intervene if a case is brought to court. The bottom line is that these teams of professionals have their entire job to lower the insurance company’s annual 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 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. It is usually too late to assist them.
It’s critical that our potential clients don’t communicate with insurance companies. This is because they seek information that might be harmful to their client but which may prove to be beneficial to both the defendants and the insurance company. This is especially true when it comes to contributory negligence. Conversing with insurance providers can lead to misunderstandings. 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: Texas Traffic Collision
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 the most common across the nation and Texas is no different.
Texas is a “modified comparative fault state” which means, according to state laws, rear-end collisions do not solely point blame towards the driver who caused them. It is important to consider the potential contributing factors. Did your brake lights turn on? Are you able to stop traffic flow completely? Did you use 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 collisions may occur for a couple of reasons. Sometimes, there are unforeseeable circumstances or conditions that can cause rear-end collisions. One example is when a defendant might suddenly stop in front of you because there may be an object in the way. Sometimes, a defendant might be following you too closely and run up to your bumper before running into you.
The courtroom will have questions from both sides. For example, what about weather conditions? Did they contribute to cause this collision? Is speeding an issue? The question of whether your tail light worked could be up for debate. Then there is the issue of contributory negligence. 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. An experienced auto accident attorney is invaluable in navigating these issues.
Although head-on collisions are statistically less common than rear end accidents, they are statistically more deadly. Head-on collisions caused 538 deaths by 2020, according to the Texas Department of Transportation. These accidents accounted for almost 14% total traffic fatalities during the year in Texas.
Distracted driving accidents
Distractions from personal devices are not limited to 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. Distracted driving can still be a cause of an accident. However, it does not mean that a driver who causes an accident through distracted driving is excused just because they were texting. 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.
In addition to state laws, individual cities in the Dallas / Fort Worth area have created ordinances to varying degrees, some more strict than the state laws.
Regardless the laws, in 2020 368 traffic accident fatalities were attributed to distracted driving. Hundreds more were likely involved in or contributed to non-fatal 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 accidents involve just one person in an accident. These factors include alcohol use, poor driving conditions, distraction driving, poor visibility and other road conditions that can cause the driver to lose control. These cases are less common in personal injury law firms because most of these accidents are caused by the fault of one party.
ROR accidents can happen when another driver is driving, and you have to take evasive maneuvers to avoid being in a collision. Texas had 51% fatal accidents 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 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. If an accident occurred between two cars, the insurance company will examine why. Perhaps eye-witnesses or witnesses can give testimony if the other driver fled from the scene. It’s more common than ever that more drivers equip their cars with dash cameras.
To prove that your Run-off-road accident occurred due to negligence of another driver, you will need to consult a personal injury attorney.
Intersection 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 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. 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. 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 an error as it reduces photographic evidence’s reliability and makes it impossible for police to inspect the vehicles immediately after the collision.
Another common mistake is people contacting the at-fault insurer and make a recorded statement. People mistakenly believe that they are being cooperative. 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 possess any documentation from a physician 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 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.
Fighting the Insurance Companies
Insurance companies may falsely accuse the victim of causing a collision to lower their payouts. You might find yourself victim-blaming after the police report is wrong. You may find yourself in a dispute with the negligent motorist. A professional can help you gather the evidence necessary 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), which is a type if coverage that is included with many personal auto policies, is an option. PIP can be removed in certain situations, like if you are eligible for Medicare. However, most drivers must have it.
This type of personal auto insurance protection covers medical expenses following an accident. It is also a form “no fault” coverage. This means that regardless of the outcome of the case involving the other driver’s liability, you can still get medical care for yourself and your passengers. PIP can also provide coverage for lost wages.
Although the Texas minimum policy limit is $2,500, it’s not too high. A good agent will have reviewed your coverages with you and recommended a higher amount. This will be useful to cover medical expenses for the short term while your case is developing.
When an Accident Case Is Submitted to the Court
Most insurance claims settle before a lawsuit is filed.
But not all car accidents can be resolved. Perhaps the issues to be resolved are beyond both parties’ capabilities. Perhaps the plaintiffs were unable to agree on how much compensation they should pay because they could not resolve 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. 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 attorney can argue that punitive or other damages be awarded to you. This is something not offered in a deal.
After you file your lawsuit, the defense will request that you take a deposition. This is a formal conversation that you will have with the defense side. The court reporter and both attorneys from each side will also be present. Both sides will ask you questions regarding the accident, who is at fault, your injuries, or damages. Our attorney will also question any other drivers to find out their story and gain insight into what they might say at trial. He will also provide information about the defendant’s finances and 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. The process doesn’t have to intimidate you. You won’t feel intimidated by the Texas deposition rules. Your accident lawyer will also ensure this.
Texas Motor Vehicle Trial Cases – Expert Witnesses
In a court case, expert witness can give their opinion to a jury. A witness’s expertise can be used to help the jury draw a conclusion from the available information.
In motor vehicle accidents, medical experts are the most common expert witness. These medical experts, as well as other doctors, can provide an opinion about the chances of recovery for injured parties, their treatment requirements, and 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 defendant will have to be served with the lawsuit. 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, 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 recover from car crashes over the years.
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