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 – Highland Village
Why an experienced auto accident attorney is important
As they build the strongest claim possible, our legal team will review every component of the incident. This is your best hope of receiving compensation in the form of a settlement or a jury verdict. 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. For a free consultation, call our Dallas-based law offices. Ward Maedgen Accident Attorneys are committed to helping you get the best outcome possible.
Managers and claims adjusters use strategies and methods to try and reduce or deny the payout of an insurance claim. 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, of course, skilled in what they do.
This means that regardless of outcome, as soon as you engage with the insurance carrier of the other driver, you will be guaranteed to be working against people who’s purpose is to reduce claims while staying within the bounds of the law. Unarmed and without a lawyer is a terrible idea.
Sometimes clients find this out 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 typically make costly mistakes that are in their favor, which can reduce or even destroy their chances at a favorable claim. It is usually too late to assist them.
It is important that potential clients do away with insurance companies. They’re looking for information that could be detrimental to the client, but potentially beneficial to the defendant and the insurance company. This is especially true for contributory negligence. There are many misunderstandings that can result from interacting with insurance providers. 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
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 of accident is the most common across the nation and Texas is no different.
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. Are your brake lights on? Did you come to a complete stop in the flow of traffic? You used turn signals. Then, the finding of fact must be made in these cases: Was the defendant’s vehicle behind you? Since your testimony is susceptible to being refuted, other evidence must be presented to support the claim that defendant followed you 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. You might be able to see an object on the roadway that caused the defendant’s vehicle suddenly to stop. Sometimes, the defendant may have been following too closely before running up to your bumper and then ramming into you.
In court, both sides of an aisle will ask questions. What can you say about weather conditions, for example? Did they contribute to cause this collision? How about speeding? There might even be an argument about whether or not your tail lights were working. Last, but not least is the question about contributory negligence. Some may argue that you contributed the collision by not stopping for traffic ahead.
Rear-ending is not an automatic win for a claimant, as you can see. A skilled attorney in auto accidents is invaluable for helping you navigate these issues.
Although head-on crashes occur less frequently than rear-end accidents, they can be statistically more serious. In 2020 the Texas Department of Transportation reported 538 deaths from head-on collision accidents. These accidents made up almost 14% the total traffic fatalities in Texas for the year.
Distracted Driving Accidents
Distractions from personal devices are not limited to 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. It does not necessarily mean that someone who causes an accident because of distracted driving is exempted from liability if they are doing something other than texting. A person can be charged for a Class A misdemeanor, including jail time of upto a year and a maximum $4,000 penalty.
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 is the cause of 368 traffic fatalities in 2020, regardless if there are any laws. Numerous others were likely to have contributed to or been involved in other non-fatal accident.
In 2020 there were 1,354 deaths recorded in Texas as being caused by single car accidents. These are known by the NHTSA as “ROR” or Run Off-Road Crash.
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 less common in personal injury law firms because most of these accidents are caused by the fault of one party.
ROR collisions can also be caused by another driver. In these cases, you will need to take evasive measures to avoid a collision. Texas’ 2020 fatalities were 51% in “rural” areas. These areas commonly have two lane highways with opposing traffic and the potential for drivers to drift into an oncoming lane. Other times, drivers may try to pass unintentionally.
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 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. Eye-witnesses may be able to testify if the other driver fled. Additionally, more drivers are installing dash cams to their cars.
A personal injury attorney can help you to prove negligence by another driver in a Run off-road accident.
Intersection and Side Impact Collision
Side impact and intersection collisions are major contributors to serious injury and death in Texas, just like head-on collision cases. In 2020 there were 865 deaths that were directly related to intersections.
Side collisions often result in serious injury. This happens because the vehicle’s side is more vulnerable to being struck than it is the front. While side impact airbags can be used to prevent injuries from occurring, such as curtains and impact pillars on modern cars, these types of accidents are still a serious danger in Texas.
Because Texas has modified contributory neglect laws, even a broad side accident cannot be automatically considered a case. Even if the negligent driver caused the accident, it is possible that their negligence will not be sufficient to make their car insurance pay. Experience and competence are crucial in Texas, as a Texas accident attorney will help you.
Common Mistakes following 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 error is when people contact their at fault insurer and make a recorded declaration. Many people believe they are being cooperative, which is wrong. They aren’t being looked out for by their insurance company. They are trying to find information that will benefit their insured. There is no obligation on the insured to speak with 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 passes, there is a delay in getting 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 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.
Fight the Insurance Companies
Insurance companies may falsely accuse the victim of causing a collision to lower their payouts. It’s possible that the police report is incorrect. Victim-blaming can follow. The negligent driver might cause you to be in a “he said/she said” situation. You’ll need convincing evidence and the support of a professional to win your case.
We examine all aspects of our clients’ claims. This includes reviewing police reports, gathering witness testimony, preserving electronic data from automobiles, surveillance videos, and consulting crash reconstruction specialists.
Personal Injury Insurance
Personal injury protection (PIP), is a type coverage that is included in many personal auto policies. PIP is optional for some drivers.
This form of personal auto coverage is designed to pay for any medical bills incurred in an accident. This means that you can get some medical costs for yourself and passengers regardless of the outcome of your case involving the liability of the other driver. PIP can also cover lost wages.
That said, the minimum required policy limit for PIP in Texas is only $2,500 – not a whole lot. 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 cover short-term medical expenses as the case progresses.
The moment an Accident Case is taken to Court
A majority of insurance claim cases are settled before a lawsuit can be filed.
However, not all accidents involving vehicles can be solved. 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.
Expert witnesses, witnesses, responding law enforcement officers and other witnesses can be called in 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 lawyer may be able argue for punitive damages. This is something that cannot be offered in a settlement.
The defense side will request a deposition after you have filed a lawsuit. 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. Each side will ask you questions about the accident and who was responsible, as well as your injuries and damages. To learn more about other drivers, the attorney will ask them questions.
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 may be asked questions by your attorney that will shed light on your case. However, the process does not have to make you feel uncomfortable. Texas regulations for depositions make it clear that you will not feel intimidated. And your accident lawyer will confirm this.
Texas Motor Vehicle Trial Cases – Expert Witnesses
Expert witness can provide their opinions to the jury in court cases. The expert witness can assist those who are hearing the case to draw a conclusion using their knowledge.
In motor vehicle accidents, medical experts are the most common expert witness. These doctors and other medical experts can offer an opinion about the probability of recovery, treatment needed, or prognosis of an injured party.
Expert witnesses are able to help claimants build a stronger case but it is not always so. Expert witnesses are not always called, and they typically only assist in cases where required by the court. An experienced motor vehicle company will be able to tap into its resources to find the right expert witness when this happens.
What is the average court case time 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. Next, the parties will exchange evidence and depose witnesses. This whole process can take as much as a year depending on how complex the case is and how many parties are involved.
This overview of Texas motor vehicle accident cases shows that it is not a good idea to do everything yourself. Contact us today to schedule a complimentary consultation to learn about your legal rights. Ward Maedgen Accident Attorneys have been helping many people recover from crashes over many years.
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