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 – Heath
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. 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 cover everything from financial recompense to any losses or injuries you have suffered, missed wages and skyrocketing medical expenses. Contact our Dallas law offices for a free initial consultation to learn more about all your options. Ward Maedgen Accident Attorneys will ensure that your case is as smooth 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 a case goes to litigation, then the insurance carrier’s legal team steps in too. These professional teams have one goal: to lower the insurance carrier’s annual costs. They are skilled 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. A very bad idea is to go up against these professionals without an attorney.
Sometimes clients learn this through hard work. We have seen people come to us after giving a recorded statement and trying to work directly with the insurance company. Normally they make huge mistakes that play to the advantage of the company and hurt or destroy their chances of a favorable claim. It’s often too late by this point to assist.
It is important that potential clients do away with 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 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
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 is most likely to be the most prevalent in the nation, and Texas is no exempt.
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. It is important to consider the potential contributing factors. Have your brake lights been on? Are you able to stop traffic flow completely? You used 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.
There are a few reasons rear-end collisions can occur. It can sometimes be caused by circumstances or circumstances that are not known. A road object might cause the defendant’s vehicle to suddenly stop, causing it to collide with you. In some cases, the defendant may have been following you too closely, and ran up on your bumper before hitting you.
The courtroom will have questions from both sides. For example, what about weather conditions? What contributed to this collision? Is speeding an issue? You might also argue about whether your tail lights worked. Finally, there’s the question of contributory negligence. Some might argue that you contributed to the collision if you didn’t stop for traffic ahead.
As you can see rear-ending is not an automatic win. An experienced auto accident attorney is invaluable in navigating these issues.
Although head-on crashes occur less frequently than rear-end accidents, they can be statistically more serious. 538 deaths were reported by the Texas Department of Transportation in 2020 from head-on collisions. These accidents were responsible for nearly 14% of all traffic fatalities in Texas.
Distracted Driving Accidents
Today, texting is no longer the only distraction from personal devices. 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. This does not mean that someone who caused an accident due to distracted driving is excusable just because they were doing something other than texting on their device. A Class A misdemeanor can result in a sentence of up to one year in jail and as much as $4,000 in fines.
Out of state laws, each city in the Dallas/Fort Worth metro area has its own ordinances. Some may be more strict than those created by the state.
Distracted driving was the reason for 368 traffic deaths in 2020. Hundreds more were likely involved in or contributed to non-fatal accidents.
Texas’ single car accident deaths were responsible for 1,354 deaths in 2020. These are referred to by NHTSA as “ROR” – 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. These cases are not usually handled by personal injury attorneys because they involve only one party.
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 are often surrounded by two-lane highways and have the potential for drivers drifting into another lane. A driver might also be trying to pass in an unsafe manner.
If another driver drove you off the road, like someone who is under the influence or someone who falls asleep, you will likely have to prove that they caused it. 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.
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.
Intersection and Side Impact Collision
In Texas, serious injury and deaths are often caused by side-impact crashes. In 2020, there were 865 fatalities that could be attributed to intersection accidents 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. These injuries are reduced by modern car side impact airbags and curtains. However, the Texas fatality statistics above show that this type of accident can still be deadly.
Because Texas has modified contributory neglect laws, even a broad side accident cannot be automatically considered a 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. As mentioned previously, having experience and competence on your side in the form of a Texas accident attorney is critical.
Common Mistakes after a Traffic Collision
Parties to an accident often move the vehicles involved in the collision without taking photos or having police on 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.
Another common mistake is to call the at-fault insurer and make a recorded confession. Many people believe they are being cooperative, which is wrong. They don’t have to look out for their 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 make the common mistake of not seeking treatment immediately and believing that they can handle it. They don’t have medical documentation to support their claims. There is more time between getting treated and not getting it. If you wait too long or don’t seek treatment immediately, the insurance company may claim you weren’t injured. An insurance carrier can also use a gap in treatment as a defense.
It is common for people to make mistakes by talking to the at fault insurance company, recording statements, trying to resolve their claims themselves, accepting an early settlement before they know the outcome, or not getting treatment immediately.
The fight against the insurance companies
Insurance companies could falsely accuse a wounded person of causing an accident in order to reduce payouts. The police report might be wrong, and victim-blaming may 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 thoroughly examine the circumstances surrounding our clients’ claims, reading police reports, gathering testimonies, preserving electronic data from automobiles and surveillance videos, and consulting with crash reconstruction specialists.
Insurance for personal injury protection
Personal injury protection (PIP), a type insurance coverage, is included on many personal automobile policies. PIP can be omitted in certain cases, such as Medicare, but for most drivers it is mandatory.
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 you can cover your medical expenses for yourself and your passengers, regardless of what happens in the case. 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. 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 vehicle accidents can be settled. Perhaps the parties are unable to resolve the issues. Perhaps the plaintiffs were unable to agree on how much compensation they should pay because they could not resolve their differences.
Witnesses and expert witnesses, responding officers of the law enforcement, and others may be called to testify in front of a jury during a trial. The jury will decide whether the defendant is responsible for the full extent of their liability. 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 might be able to argue that punitive damages should be awarded. This is something that would not have been offered in a settlement.
Discovery & Deposition
A deposition is required by the defense side after you file a lawsuit. 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. You’ll be asked questions by both sides to find out more about the accident, who was at fault, your injuries, and 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 sit with you to defend you against answering questions in a way that may hurt your case while abiding to truthful answers. You might be asked questions that help to shed light on your case by your attorney. The process doesn’t have to intimidate you. Texas rules for depositions mean that you won’t be intimidated and your accident attorney will also make sure of this.
Texas Motor Vehicle Trial Cases – Expert Witnesses
Expert witness can provide their opinions to the jury in court cases. A witness’s expertise can be used to help the jury draw a conclusion from the available information.
The most common example of an expert witness in a motor vehicle accident case are medical experts. These medical experts and doctors can give an opinion on the likelihood of recovery, treatment needs, or prognosis for an injured party.
Expert witnesses can be a valuable asset to a claimant’s case. However, this is not always true. Expert witnesses are not always called, and they typically only assist in cases where required by the court. This is when an experienced motor vehicle business will have the resources to locate the right expert witness.
How long does a court case take for an auto accident?
It is not the only thing that will determine how long the process takes. There are many things that have to occur before you can ever enter the courtroom. 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 can see, it’s not wise to go it alone in Texas. For a free consultation, please call us. We will help you determine your legal options. Ward Maedgen Accident Attorneys has helped many people to recover from accidents over the years.
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