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 – Justin
Why you should hire an experienced attorney in auto accidents
Every component of the incident will be examined by our legal team as they develop the strongest possible claim. 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 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 are committed to helping you get the best outcome possible.
The claims adjusters or managers of insurance companies use tactics and methods in order to limit the payouts, or even deny it entirely. If the case moves to litigation, then the legal team from the insurance carrier steps in. 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 regardless of how the outcome turns out, once you start talking to the other driver’s insurer, you will know you are working with people whose sole purpose is to reduce or keep claims to a minimum. Unarmed and without a lawyer is a terrible idea.
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 typically make costly mistakes that are in their favor, which can reduce or even destroy their chances at a favorable claim. We often cannot help you once it is too late.
It is crucial that potential clients do not communicate 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 particularly true in the light of contributory neglect. Talking to insurance providers can cause misunderstandings. They won’t be looking out for your best interests, but instead they will try to make as much money as possible by trying to get you to pay what you claim is worth.
Common Case Types: Texas Traffic Collision
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 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. Consider the possible mitigating factors. Were your brake lights on? Are you able to stop traffic flow completely? Did you use turn signals? In all these instances, a finding must be made of fact. For example, was the defendant’s vehicle behind your vehicle? You can refute your testimony, but there must be evidence that the defendant did not follow you too closely.
Rear-end collisions may occur for a couple of reasons. It can sometimes be caused by circumstances or circumstances that are not known. One example is when a defendant might suddenly stop in front of you because there may be an object in the way. Sometimes, the defendant may have been following too closely before running up to your bumper and then ramming into you.
The courtroom will have questions from both sides. For example, what can be said about weather conditions? These conditions contributed to the collision. What about speeding? Even if your tail lights are working, there might be a dispute. Then there is the issue 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. These issues can be complicated and a skilled auto accident lawyer is your best friend.
Head-on crashes are less common than rear-end accidents but are statistically more dangerous. 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
Today, texting is no longer the only distraction from personal devices. Texas banned texting while driving in 2017. However, it is still possible to use a handheld device to do other things like GPS or play music. The fact that someone was distracted driving at the time of an accident does not excuse them. A person can be charged for a Class A misdemeanor, including jail time of upto a year and a maximum $4,000 penalty.
Additionally to state laws and ordinances, cities in Dallas/Fort Worth have their own ordinances. Some are more restrictive than others.
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.
Texas’ single car accident deaths were responsible for 1,354 deaths in 2020. The NHTSA refers to these as “ROR” or 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 less common in personal injury law firms because most of these accidents are caused by the fault of one party.
However, some ROR crashes are caused due to another driver forcing you to take evasive action to avoid a collision. Texas saw 51% of fatal accidents in rural areas during 2020. These areas often have two-lane highways, with opposing traffic. Drivers could drift into the oncoming lane. In other cases, a driver may be attempting to pass unsafely.
You’ll need to prove the other driver was responsible for you being run off the road. A car accident claim that was not in direct contact with another vehicle will be reviewed by an insurance company. They will look into the circumstances and determine if there were any other factors. Eye-witnesses may be able to testify if the other driver fled. Many drivers now have dash cams in their vehicles.
If your Run-off-road accident was due to another driver’s negligence, you’ll want to work with a good personal injury attorney to build a case properly.
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 can result in serious injury. There is less impact protection on the side than there is on the front. 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.
Due to Texas’s modified contributory negligent laws, even a broad-side collision can’t always be considered a straight 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. Experience and competence are crucial in Texas, as a Texas accident attorney will help you.
Common Mistakes After a Traffic collision
Often, parties to the accident will move the vehicles involved without taking pictures or having police present 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.
People make another common error when they contact their at-fault insurance company and give a recorded statement. Many people believe they are being cooperative, which is wrong. The insurance company isn’t looking out for them. They are trying to find information that will benefit their insured. The insured does not have to speak with insurance companies.
Sometimes people make the error of not seeking immediate treatment, thinking they are able to handle it. They don’t have documentation from a professional to support their claims. As time passes, there is a delay in getting treatment. If you wait too long or don’t seek treatment immediately, the insurance company may claim you weren’t injured. A gap in treatment can be used by an insurance company 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.
Stopping Insurance Companies
Insurance companies could falsely accuse a wounded person of causing an accident in order to reduce payouts. You might find yourself victim-blaming after the police report is wrong. It is possible that you will find yourself in a “he told, she said” dispute with the negligent driver. To win your case, you’ll need compelling evidence and the assistance 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.
Personal Injury Protection Insurance
Personal injury coverage (PIP) can be included on most personal auto policies. Although you can opt out of PIP in some cases such as if you have Medicare, for most drivers, the coverage 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 pay for your own and your passengers’ medical bills regardless of how the case ends. PIP also covers lost wages.
It should be noted that the Texas minimum policy limit to cover PIP is $2,500. 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.
A case involving an accident goes to court
Most insurance claims can be settled without the need to file a suit.
However, not all vehicle accidents can be settled. Some issues may be beyond the ability of the parties. Perhaps the plaintiffs or defendants couldn’t agree upon how much compensation should go 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 whether the defendant is responsible for the full extent of their liability. A trial case is more expensive and takes longer than a settlement. However, a jury could award more damages to a plaintiff than any settlement. Sometimes, your attorney may be able even to argue for punitive damage. This is something you would not get in a settlement.
Discovery & Deposition
The defense side will request a deposition after you have filed a lawsuit. 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. To learn more about other drivers, the attorney will ask them questions.
Your attorney will accompany you and help you refrain from answering questions that could damage your case. You might be asked questions that help to shed light on your case by your attorney. 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 can present their opinion to a jury in a court matter. Expert witnesses can offer their expert opinion to assist the hearings in drawing a conclusion, based upon the available information.
Medical experts are the most common expert witness in motor vehicle accident cases. 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.
While expert witnesses can make a claimant stronger, it is not always possible. Expert witnesses are rarely called and usually only take part in court cases when the court requires. An experienced motor vehicle company will be able to tap into its resources to find the right expert witness when this happens.
What length of time does it take for a court case regarding an auto accident to be resolved?
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. The parties then exchange evidence and take deposition witnesses. The whole process can take up to a year, depending on the complexity of the case and the number of parties involved.
As you can see, going it alone is not an option. For a free consultation, please call us. We will help you determine your legal options. Ward Maedgen Accident Attorneys have helped many to recover after crashes for years.
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