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 – Lewisville
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. That attention and commitment are your greatest hope for compensation, whether in a settlement or a jury award. A lawyer who specializes in vehicle accidents can help you determine whether you are eligible for no-fault compensation. These can range from financial recompense of any losses or hurts you have sustained, missed wage, and skyrocketing expense. For a free consultation, call our Dallas-based law offices. Ward Maedgen Accident Attorneys is committed to making sure your case proceeds as smoothly as possible.
Claim adjusters and managers can use tactics and other methods to minimize the payout or get it denied. 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. They are, of course, skilled in 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. A very bad idea is to go up against these professionals without an attorney.
Sometimes clients find this out the hard way. We have seen for example folks come to us after they have given a recorded statement, trying to work with the insurance company themselves. They often make mistakes that benefit the company and can hurt or ruin their chances of winning a favorable claim. It is usually too late for us.
It’s crucial that potential clients never communicate with their 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 particularly true in the light of contributory neglect. Misunderstandings can occur when insurance providers are contacted. 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 – 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 considered a “modified comparative blame state”, which means rear-end collisions are not always attributed to the driver. It is important to consider the potential contributing factors. Have your brake lights been on? Did you bring traffic to a halt? You used 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 could occur for several reasons. Sometimes there are unseen circumstances or conditions that cause it. For example, an object in the roadway might have caused the defendant to stop suddenly causing his/her vehicle to run into you. Sometimes, a defendant might be following you too closely and run up to your bumper before running into you.
In court, both sides of an aisle will ask questions. For example, what about weather conditions? They contributed to the collision? How about speeding? There might even be an argument about whether or not your tail lights were working. There is also the question of contributory neglect. Some may argue that you contributed the collision by not stopping for traffic ahead.
As you can see, being rear-ended is not an automatic win for claimant. It is a great idea to consult an experienced attorney who specializes in auto accident cases.
Head-on crashes are less common than rear-end accidents but are statistically more dangerous. 538 deaths were reported by the Texas Department of Transportation in 2020 from head-on collisions. These fatalities accounted for almost 14% in Texas’s traffic deaths.
Distracted driving accidents
These days, the distractions from personal devices is not limited to just texting. 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. 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.
Additionally to the state laws, the individual cities of the Dallas/Fort Worth area have adopted ordinances to differing degrees. Some are stricter than the state laws.
Distracted driving was responsible for 368 fatal traffic accidents in 2020, regardless of the laws. Many more people were involved in or contributed towards non-fatal accidents.
In 2020 there were 1,354 deaths recorded in Texas as being caused by single car accidents. These are called “ROR”, or Run-Off Road Crash by the NHTSA.
ROR crashes almost always involve one party. 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. In other cases, a driver may be attempting to pass unsafely.
You will need to prove that another driver ran you off the road, such as someone who was under the influence of drugs or alcohol, or someone who fell asleep while driving. If you allege that the accident was caused or contributed to by another driver, an insurance company will review your claim. Eyewitnesses might be able to give testimony if another driver fled the scene. Drivers are increasingly equipping their cars to have dash cams.
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.
Side Impact Collision and Intersection Collision
Side impact and intersection collisions are major contributors to serious injury and death in Texas, just like head-on collision cases. In 2020, the state had 865 fatalities due to intersection-related accidents.
Side-impact collisions can result in serious injury. There is less impact protection on the side than there is on 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.
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. An accident attorney in Texas is a great resource for you.
Common Mistakes in 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 to call the at-fault insurer and make a recorded confession. Many people believe they’re being cooperative. The insurance company isn’t looking out for them. They want to help 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 possess any documentation from a physician to support their claims. As time passes, there is a delay in getting treatment. If you wait too much or don’t seek medical attention right away, the insurance company can claim that your injuries aren’t sustained. An insurance carrier can also use a gap 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.
Stopping Insurance Companies
Insurance companies may falsely accuse the victim of causing a collision to lower their payouts. The police report might be wrong, and victim-blaming may follow. You may find yourself in a dispute with the negligent motorist. For your case to be successful, you will need strong evidence and the help of a professional.
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 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 sometimes be turned off, such as if your Medicare is not available, but it is required for most drivers.
This form of personal auto coverage is designed to pay for any medical bills incurred in an accident. 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.
It should be noted that the Texas minimum policy limit to cover PIP is $2,500. You may have selected a higher amount if your agent was knowledgeable and had reviewed all the coverages. 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 settle before a lawsuit is filed.
However, not all automobile accidents can be resolved. 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.
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 on the defendant’s extent of liability. Although a trial case takes much more time and expense than a claim settled out of court, a jury can potentially award a plaintiff more than any settlement offered. Sometimes, your attorney may be able even to argue for punitive damage. This is something you would not get in a settlement.
Discovery & Deposition
After you file a suit, the defense side will ask for a deposition. 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. Both sides will ask questions to learn more about the accident, who caused it, 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. Your attorney may ask you questions that can help your case. However, the process does not have to make you feel uncomfortable. You won’t feel intimidated by the Texas deposition rules. Your accident lawyer will also ensure this.
Texas Motor Vehicle Trial Cases – Expert Witnesses
Expert witnesses can offer their opinions to jurors in court cases. The expert witness can assist those who are hearing the case to draw a conclusion using their knowledge.
Medical experts are the most common expert witness in motor vehicle accident cases. These doctors or other medical professionals can give opinions about the likelihood of recovery, need to treat, and prognosis of an injury victim.
While expert witnesses can make a claimant stronger, it is not always possible. Further, expert witnesses are not always called and typically only participate in a case when 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 must be served on the defendant. Next, the parties will 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, going it alone is not an option. Contact us today to schedule a complimentary consultation to learn about your legal rights. Ward Maedgen Accident Attorneys have helped many people recover after accidents for many years.
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Photo Courtesy of: Neal Ashmore Family Law Group
Neal Ashmore Family Law Group
Address: 401 E Corporate Dr #100, Lewisville, TX 75057, USA
Main Phone: (972) 436-8000
Did you know that Neal Ashmore Family Law Group rates 4.5/5 based on 35 total ratings?
Reviews for Neal Ashmore Family Law Group
3 weeks ago
I would highly recommend this law firm. This was my first experience with an attorney for a divorce. Mr. Neal was so pleasant and understanding to work with. He was very knowledgeable and came up with things I would have never been able to do without an attorney. His office staff is super nice and they truly seem to care about the welfare of their clients. I never felt like I was being taken advantage of. If you are searching for an attorney I would definitely recommend this firm.
a month ago
If you need a family law lawyer, L. James Ashmore is phenomenal. I was treated more like a family member than a client. Jim was always willing to listen to me and guide me through my divorce. My divorce turned ugly but Jim was always there making sure I was taken care of. I am so thankful I found this law firm and hired Jim. Thank you so much!
6 months ago
I had a fantastic experience with the Neal Ashmore group. Even though the divorce was hard they kept me on track and only reached out to me when something was needed. They are very mindful of my time and extremely professional. My Lawyer and Paralegal absolutely went to bat for me and I couldn’t be happier with the outcome.
Photo Courtesy of: Bradley Michelsen-Attorney at Law
Bradley Michelsen-Attorney at Law
Address: 1760 S Stemmons Fwy #100, Lewisville, TX 75067, USA
Main Phone: (972) 353-4600
Did you know that Bradley Michelsen-Attorney at Law rates 3.5/5 based on 2 total ratings?
Reviews for Bradley Michelsen-Attorney at Law
9 months ago
Brad worked for 2 of my cases, he is capable and knowledgeable from any of the professionals I have known. I look forward to working with him and suggest to everyone; they do as well.
a year ago
Photo Courtesy of: L. James Ashmore
L. James Ashmore
Address: 401 E Corporate Dr Suite 100, Lewisville, TX 75057, USA
Main Phone: (972) 436-8000
Did you know that L. James Ashmore rates 5/5 based on 1 total ratings?
Reviews for L. James Ashmore
a year ago
Photo Courtesy of: Haugen Law Firm, P.C.
Haugen Law Firm, P.C.
Address: 101 W Main St, Lewisville, TX 75057, USA
Main Phone: (972) 436-8750
Did you know that Haugen Law Firm, P.C. rates 4.3/5 based on 32 total ratings?
Reviews for Haugen Law Firm, P.C.
a month ago
Haugen Law Firm is a small, passionate group that goes the extra mile for every client. I employed John Conner as my attorney for a custody case and he, along with everyone in the firm, worked very hard and diligently to get me information immediately and take care of my every need. I am beyond pleased to have been represented and trusted in these wonderful people. The atmosphere, dynamic and ethical standards of the people that work for and represent this firm, are amazing. I will never seek outside information from any other law institution. Haugen Law Firm truly fights for and represents the truth in justice.
3 months ago
The Haugen Law Firm is full of industrious, trustworthy, and caring individuals. These servant leaders pour their hearts into working as problem solvers for their clients. If you need any help with personal injury, family, or estate planning matters, call them up! You won’t regret it.
4 months ago
Mr. Haugen and his firm including his associate Conner are absolute professionals. They have the most integrity I have ever dealt with in attorneys. That is saying a lot considering the number I have had to deal with in my past. They are very thorough and leave no stone unturned. Lizzeth the paralegal at the firm kept me up to date and made the process as smooth as a divorce could have. As with all divorces, there had to be compromises, but in the end I was very satisfied with the outcome and got my core and main objectives accomplished. I have already given this firm multiple recommendations in the past, and will keep doing so. Professionalism and integrity, while saying what they are going to do and doing it, all in one package? That’s this group. Thank Ya’ll
Photo Courtesy of: Diana Leggett
Durand & Associates, P.C.
Address: 522 S Edmonds Ln #101, Lewisville, TX 75067, USA
Main Phone: (972) 221-5655
Did you know that Durand & Associates, P.C. rates 4.8/5 based on 30 total ratings?
Reviews for Durand & Associates, P.C.
in the last week
Dan and Cecile did a great job of helping me get through a very difficult time when my mom passed away. They patiently guided me through 18 months of the ups and downs of settling an estate when a sibling is not cooperating. I don’t know what I would have done without them. I would definitely recommend this firm and will be using them again for my own estate planning.
in the last week
Look, no one wants to be here. But Dan and Dianna (the office manager) are great. Friendly, and very helpful. They will explain things so you can understand them. Which considering the law they practice, should be a prize or something.
2 weeks ago
Daniel called me about a case I was having problems with. Although he could not take on my particular case, he took time to help guide me to the next steps.
Photo Courtesy of: Jimenez Law Firm, P.C.
Jimenez Law Firm, P.C.
Address: 1760 S Stemmons Fwy Suite 170, Lewisville, TX 75067, USA
Main Phone: (214) 513-0125
Did you know that Jimenez Law Firm, P.C. rates 4.8/5 based on 31 total ratings?
Reviews for Jimenez Law Firm, P.C.
in the last week
Jimenez Law Firm has exceeded all of our expectations. By far the best quality and professionalism we could have asked for. Christina is very and direct and honest. Definitely the best of the best. While what felt like one of the most difficult times in our lives, we knew we were in good hands. Thank you Jimenez Law Firm for all of your hard work and dedication. We greatly appreciate you. May God keep blessing you.
2 months ago
Hiring Christina Jimenez was the smartest and best thing I could’ve done. When I started out I was anxious and very intimidated going up against my ex. Christina was very upfront, honest and answered all my questions and concerns and made sure I understood what was going on and what we needed to do. The outcome was exactly what we had hoped for. Thank you Christina and staff, I appreciate all your hard work. Y’all are amazing!!
3 months ago
Highly recommend this law group. Extremely professional group of individuals. Always answered my questions and kept me informed.
Photo Courtesy of: Alexander & Associates
Alexander & Associates
Address: 326 S Edmonds Ln #102, Lewisville, TX 75067, USA
Main Phone: (972) 420-6560
Did you know that Alexander & Associates rates 4.6/5 based on 9 total ratings?
Reviews for Alexander & Associates
5 months ago
I was served with child custody documents by my daughters father unexpectedly. I had reached out to Karen after speaking with a couple other attorneys and I am really glad I had chosen her. Considering the length of time I was working with her and the situation she was very affordable and was very open the entire time. Kylee her paralegal was also amazing and I appreciate their willingness to assist even after the case was over. I would recommend Alexander & Associates to everyone!
a year ago
Relaxed atmosphere was very beautiful and inviting. Kylee is amazing and very prompt to answer any questions or concerns. Karen is the BEST, you definitely would want her on “your side ” in the courtroom , that’s for sure. BEAST! Very professional, no nonsense.
2 years ago
Karen and her team were awesome. I would highly recommend them to anyone who is looking for a awesome and understanding team. They keep the focus on the kids and what’s best for them. They answered all my questions in a way that I could understand. I’m glad that she was able to help me. 😀
Photo Courtesy of: Sean J.Kilgore
Address: 335 W Main St STE 300, Lewisville, TX 75057, USA
Main Phone: (972) 434-1555
Did you know that Sean J.Kilgore rates 5/5 based on 2 total ratings?
Reviews for Sean J.Kilgore
2 years ago
I’m seriously happy my cousin told me about Sean Kilgore. This guy is definitely great, relaxed, hard charging and will take care of you! I had a bad lawyer in Orlando for my divorce, so that gave me an impression that all lawyers just take money and don’t care, well Sean is not that. He will get every detail, he is very educated, and you cannot beat his price. Others have a retainer, Sean doesn’t, he has a one time fee and he isn’t done until the job is done!!! He is very friendly, definitely somebody I would go get a drink with, if I drank. He is awesome. Kind of got me interested in pursuing a career in the legal field. Definitely, give him a call if you are in a bind, he will help. Don’t stop being awesome Sean!!!
2 years ago
Sean has been there for my family during our hardest moments. He was always willing to take time to calm a worried parent, encourage our souls and always lead us with truth and wisdom. If you are in need, I highly recommend his services.