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 – Hickory Creek
Why you should hire an experienced attorney in auto accidents
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. An experienced vehicle accident lawyer will help you determine if your injuries are covered by no-fault insurance. This includes financial recompense for any injuries or losses you sustained, missed wages, and other skyrocketing costs. Call our Dallas-based law office immediately to discuss your options and receive a complimentary initial case consultation. Ward Maedgen Accident Attorneys are dedicated to making your case as successful 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. The legal team of the insurance company can also intervene if a case is brought to court. 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 mention, they excel at what they do.
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 have to learn this hard way. For instance, people have come to us after having given a recorded declaration. They want to be able to work with insurance companies. They make big mistakes that can be used to their advantage and reduce or eliminate their chances of winning a claim. By this time, it is often too late for us to help.
It is crucial that potential clients do not communicate 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 in light of contributory negligence. Talking to insurance providers can cause misunderstandings. They don’t care about you. They’re just trying to win your business by trying not to pay you as much as they can.
Common Case Types: Traffic collision – Texas
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 kind of accident is likely the most common nationally and, based on our experience, Texas is no exception.
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. You should evaluate mitigating factors. Have your brake lights been on? Did you stop traffic completely? Was your use of turn signals evident? Finally, in these instances, there must be a finding of fact: Was the defendant’s vehicle behind you? Your testimony may be refuted so there must be additional evidence to show that the defendant was following too closely.
Rear-end collisions could occur for several reasons. It can sometimes be caused by circumstances or circumstances that are not known. An object on the road might have caused the defendant suddenly to stop and cause his/her car to crash into your vehicle. 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. Weather conditions are one example. They contributed to the collision? What about speeding? There might even be an argument about whether or not your tail lights were working. Finally, there’s the question 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 see, rear-ending a claimant is not a guarantee of a win. A skilled attorney in auto accidents is invaluable for helping you navigate these issues.
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. Texas has made texting while you drive illegal since 2017. However, it is still legal for a handheld device to be used for other purposes like GPS and playing music. However, this does not make it any less possible for someone to cause an accident by texting while driving. A Class A misdemeanor can result in a sentence of up to one year in jail and as much as $4,000 in fines.
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.
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 had 1,354 single car accident-related deaths in 2020. These are called “ROR”, or Run-Off Road Crash 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. Because these types of accidents usually occur without fault, they are not often handled by personal injury law firms.
Some ROR accidents are caused by another driver, requiring you to take evasive actions to avoid a collision. Texas had 51% fatal accidents in 2020. These areas are often surrounded by two-lane highways and have the potential for drivers drifting into another lane. Drivers may also attempt to pass unsafely.
You’ll need to prove the other driver was responsible for you being run off the road. 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. 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.
A personal injury attorney can help you to prove negligence by another driver in a Run off-road accident.
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. In 2020 there were 865 deaths that were directly related to intersections.
Side impact collisions are more likely to result in serious injuries than those that occur at the front or 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’s a chance that the negligence of another driver may not be sufficient for their car policy to pay. It is crucial to have a Texas accident lawyer on your side.
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 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. Many people think they’re being cooperative. The insurance company isn’t looking out for them. They’re trying to get information that will help them and their insured. There is no obligation on the insured to speak with the insurance company.
Sometimes people make the error of not seeking immediate treatment, thinking they are able to 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 much or don’t seek medical attention right away, the insurance company can claim that your injuries aren’t sustained. Insurance companies can also use gaps in treatment to defend their clients.
Common mistakes made by people include not seeking immediate treatment, talking to their at-fault insurer, recording a statement, trying and resolving their claim themselves, accepting an earlier settlement, refusing to accept the outcome of the case, and refusing to take action.
Fight the Insurance Companies
Insurance companies may unjustly accuse the wounded person of causing a collision in an effort to reduce payouts. It’s possible that the police report is incorrect. Victim-blaming can follow. You might find yourself in a “he said, she said” conflict with the negligent driver. A professional can help you gather the evidence necessary to win your case.
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.
Personal Injury Protection Insurance
Personal injury coverage (PIP) can be included on most 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 and your passengers can receive medical costs regardless of whether the case involves the liability of another driver. PIP can also cover lost wages.
Although the Texas minimum policy limit is $2,500, it’s not too high. 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 be useful to cover medical expenses for the short term while your case is developing.
When an Accident Case Is Submitted to the Court
The majority of insurance claim claims are settled before a lawsuit is filed.
However, not all vehicle accidents can be settled. Perhaps the issues that need to be resolved are beyond the parties’ abilities. Maybe the defendants and plaintiffs couldn’t agree on the amount of compensation to be paid because they couldn’t settle 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. A trial case is much more costly than one that is settled outside of court. However, a jury can award a plaintiff more than any settlement. Sometimes, your lawyer may be able argue for punitive damages. This is something that cannot be offered in a settlement.
After you file a suit, the defense side will ask for a deposition. 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. 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 may also ask you questions that shed a favorable light on your case. You don’t need to feel intimidated by this process. 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
An expert witness is a person who can testify before a jury in a court case. Expert witnesses can offer their expert opinion to assist the hearings in drawing a conclusion, based upon 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.
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. 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?
How long it takes to get through a trial isn’t the only factor. Before you can step foot in the courtroom, there are many things that must happen. The lawsuit will need to be served on defendant. Each party will then have to exchange 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, 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 to recover after crashes for years.
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