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 – Liberty Grove
Why an Auto Accident Attorney is an Expert in Your Area
Our legal team will evaluate every part of the incident and develop the strongest possible case. You have the greatest chance for getting justice, whether it is through a settlement or jury award. 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. For a free consultation, call our Dallas-based law offices. Ward Maedgen Accident Attorneys is dedicated to making sure that your case goes as well as possible.
Managers and claims adjusters use strategies and methods to try and reduce or deny the payout of an insurance claim. If a case proceeds to litigation, the legal team at the insurance carrier will step in. The bottom line is that these teams of professionals have their entire job to lower the insurance company’s annual payouts. 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. It is generally a bad idea to face these professionals unarmed without the assistance of your attorney.
Sometimes clients learn this through hard work. 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 usually make major mistakes that work in the company’s favor and decrease or even eliminate their chances for a favorable settlement. It is usually too late for us.
It’s critical that our potential clients don’t 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 especially true when it comes to contributory negligence. Misunderstandings can occur when insurance providers are contacted. They don’t look out for you, but they play a game to try and get out of paying what your claim is worth.
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 type is most likely to be the most prevalent in the nation, and Texas is no exempt.
Texas is a “modified comparative fault state” which means, according to state laws, rear-end collisions do not solely point blame towards the driver who caused them. It is crucial to evaluate the contributing factors. Have your brake lights been on? Are you able to stop traffic flow completely? Did you use turn signals? These cases require a finding to fact. Was the defendant’s vehicle following you? Although your testimony could be disproven, you must provide additional evidence to prove that the defendant actually followed you.
Rear-end collisions may occur for a couple of reasons. Sometimes it’s not apparent circumstances or conditions that cause them. You might be able to see an object on the roadway that caused the defendant’s vehicle suddenly to stop. In some cases, a defendant may be following too closely and ran up on your bumper before slamming into you.
Both sides will be asked questions in court. For example, what about weather conditions? What contributed to this collision? Was speeding a factor? 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. These issues can be complicated and a skilled auto accident lawyer is your best friend.
Although head-on crashes occur less frequently than rear-end accidents, they can be statistically more serious. The Texas Department of Transportation recorded 538 fatalities from head-on collisions in 2020. These accidents were responsible for nearly 14% of all traffic fatalities in Texas.
Distracted Driving Accidents
These days, the distractions from personal devices is not limited to just texting. While Texas has outlawed texting while driving since 2017, it is still permissible to use a handheld device for other things such as using GPS or playing music. The fact that someone was distracted driving at the time of an accident does not excuse them. However, the law allows for a Class A Misdemeanor to be filed. This can include a one-year sentence and a maximum $4,000 fine.
Individual cities in the Dallas/Fort Worth region have their own ordinances, which are more stringent than state laws.
Distracted driving was the reason for 368 traffic deaths in 2020. Many more people were involved in or contributed towards non-fatal accidents.
Texas saw 1,354 car-related deaths in 2020. These are known by the NHTSA as “ROR” or Run Off-Road Crash.
ROR crashes typically involve only one party. Factors such as alcohol, poor weather, distracted driving, poor vision, or other road conditions that cause loss of control are all factors. Because these types of accidents usually occur without fault, they are not often handled by personal injury law firms.
ROR collisions can also be caused by another driver. In these cases, you will need to take evasive measures to avoid a collision. Texas was home to 51% of all fatalities in 2020. These areas typically have two-lane highways with opposing traffic, which can lead to drivers drifting into the oncoming lane. Other times, drivers may try to pass unintentionally.
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. 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. Eyewitnesses might be able to give testimony if another driver fled the scene. Drivers are increasingly equipping their cars to have dash cams.
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 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. Side impact airbags have been proven to reduce the risk of serious injuries. As you can see in the Texas fatality stats above, side impact collisions are a very real threat.
Like other Texas accident types, a broad-side incident can’t be treated as a straightforward case because of modified contributory negligence law. Even if the negligent driver caused the accident, it is possible that their negligence will not be sufficient to make their car insurance pay. An accident attorney in Texas is a great resource for you.
Common Mistakes Following 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.
Another common error is when people contact their at fault insurer and make a recorded declaration. Many people believe they’re being cooperative. They don’t have to look out for their insurance company. They want to help their insured. The insured is not required to contact the insurance company.
People can also make the mistake of not seeking treatment immediately, believing they can handle it. They don’t have the documentation required by a doctor to back up their claims. There is more time between getting treated and not getting it. 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 may also use a gap between treatment as a defense.
People can make common errors by not speaking to the at-fault company, making a statement, trying their best to resolve the claim, accepting an earlier settlement without knowing the outcome and not seeking treatment immediately.
Combating 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. To win your case, you’ll need compelling evidence and the assistance of a professional.
We investigate the details surrounding our clients’ claims. We read police reports, gather testimonies and preserve electronic data from vehicles and surveillance video.
Personal Injury Protection Insurance
Personal injury protection (PIP), is a type coverage that is included in many personal auto policies. PIP can be omitted in certain cases, such as Medicare, but for most drivers it is mandatory.
This type of personal auto insurance protection covers medical expenses following an accident. It is also a form “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.
It should be noted that the Texas minimum policy limit to cover PIP is $2,500. If you had a good insurance agent who went over the coverages with you, there’s a good chance that you may have opted for a higher amount. This will allow you to pay for short-term medical expenses while the case progresses.
A case involving an accident goes to court
Most insurance claim settlements are completed before a lawsuit is 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 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 lawyer may be able argue for punitive damages. This is something that cannot be offered in a settlement.
A deposition is required by the defense side after you file 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. You’ll be asked questions by both sides to find out more about the accident, who was at fault, your injuries, and damages. To get the other drivers’ perspectives, our attorney will depose them to gain insight into their testimony at trial. We will also learn about the finances of the defendant and their insurance coverage.
Your attorney will be there to help you avoid answering questions that could hurt your case. Your attorney may also ask you questions that shed a favorable light on your case. The process is not intimidating, but you don’t have the right to feel afraid. Texas regulations for depositions make it clear that you will not feel intimidated. And your accident lawyer will confirm this.
Expert Witnesses in Texas Motor Vehicle Trial Cases
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 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. If this occurs, an experienced motor car firm will have the resources necessary to find the right expert witnesses.
How long does it take to get a court case for an auto crash?
How long it takes to get through a trial isn’t the only factor. There are a lot of things that need to happen before you ever step into the courtroom. The lawsuit will be served on the defendant. Then there is a period where each party exchanges 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.
- Balch Springs
- Beverly Hill
- Blue Ridge
- Camp Dallas
- Cedar Hill
- Cockrell Hill
- Cooper Creek
- Copper Canyon
- Corral City
- Cross Roads
- Deep Water Point Estates
- Double Oak
- Farmers Branch
- Flower Mound
- Glenn Heights
- Grand Prairie
- Green Valley
- Hickory Creek
- Highland Park
- Highland Village
- Lake Dallas
- Lakewood Village
- Lavon Beach Estates
- Lavon Shores Estates
- Ledbetter Hills
- Liberty Grove
- Little Elm
- Lowry Crossing
- Mobile City
- New Hope
- Oak Point
- Paloma Creek
- Paloma Creek South
- Pilot Point
- Providence Village
- Royse City
- Shady Shores
- St. Paul
- The Colony
- Trinity Park
- Trophy Club
- University Park
- Yucote Acres