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 – Little Elm
Why an Auto Accident Attorney is an Expert in Your Area
Our legal team will examine every aspect of the incident to determine the strongest possible claim. 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. These can range from financial recompense of any losses or hurts you have sustained, missed wage, and skyrocketing expense. Call our Dallas-based law office immediately to discuss your options and receive a complimentary initial case consultation. Ward Maedgen Accident Attorneys is dedicated to making sure that your case goes as well 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. If a case proceeds to litigation, the legal team at the insurance carrier will step 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 no matter what happens, if you speak with the other driver’s insurance company, you can be sure you’ll be dealing with people whose goal is to minimize claims in any legal way possible. This is usually a bad idea.
Sometimes clients learn this the hard way. For example, we have seen clients come to us after recording a statement. They are trying to work with their insurance company. Normally they make huge mistakes that play to the advantage of the company and hurt or destroy their chances of a favorable claim. We often cannot help you once it is too late.
It’s critical that our potential clients don’t communicate with 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 especially true in light of contributory negligence. It is possible to have misunderstandings when you speak with insurance companies. They aren’t looking out for you; instead, they are playing a game where they’re trying to get out of paying you what your claim is worth.
Common Case Types – Traffic collision – Texas
Although Texas Department of Transportation is not able to collect data on the percentage of traffic collisions that are rear-end, we know from national statistics that they are around 28% and 29%. This type of accident is most likely the most common in the country and Texas is no exception.
Texas is a “modified relative fault state” meaning that rear-end crashes do not just point the finger at the driver. You must consider mitigating circumstances. Were your brake lights on? Did you bring traffic to a halt? You used turn signals. Finally, in these instances, there must be a finding of fact: Was the defendant’s vehicle behind you? 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. It can sometimes be caused by circumstances or circumstances that are not known. 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 have been following too closely and ran into your bumper before smashing into you.
Both sides will be asked questions in court. How can we talk about the weather? Did they contribute to cause this collision? What about speeding? It’s possible to argue whether or not your taillights worked. Last, but not least is the question about contributory negligence. If you did not brake for traffic ahead of you then some might argue that you contributed to the collision.
Rear-ending is not an automatic win for a claimant, as you can see. An experienced auto accident attorney is invaluable in navigating these issues.
Head-on crashes are less common than rear-end accidents but are statistically more dangerous. According to the Texas Department of Transportation, 538 people died in head-on collision accidents in 2020. These accidents accounted for almost 14% total traffic fatalities during the year in Texas.
Distracted Driving Accidents
The distractions caused by personal devices aren’t limited to 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. The law states that a person may be charged with a Class A offense, which can lead to jail time of up to one year and a maximum fine of $4,000.
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 the reason for 368 traffic deaths in 2020. 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.
ROR crashes most often involve one party. This includes factors like alcohol use, poor weather and distracted driving. 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 saw 51% of fatal accidents in rural areas during 2020. These areas typically have two-lane highways with opposing traffic, which can lead to drivers drifting into the oncoming lane. A driver might also be trying to pass in an unsafe manner.
You’ll need to prove the other driver was responsible for you being run off the road. If an accident occurred between two cars, the insurance company will examine why. Perhaps eye-witnesses or witnesses can give testimony if the other driver fled from the scene. 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, the state had 865 fatalities due to intersection-related accidents.
Side impact collisions are more likely to result in serious injuries than those that occur at the front or rear. Although side impact airbags, curtains, and impact pillars in modern cars have helped cut down these injuries, as you can see from the fatality statistic above, this kind of accident is a real danger in Texas.
A broad-side accident, like other types of Texas accidents, can’t automatically be considered a case due to Texas’ modified contributory negligence laws. 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. It is crucial to have a Texas accident lawyer on your side.
Common Mistakes in a Traffic Collision
Often, the other party to an accident will simply move the cars involved without taking photos or having the police present at the scene. This is a mistake because it makes photographic evidence less reliable and leaves the possibility for police to observe the vehicles after they have settled from the collision.
Another common mistake is to call the at-fault insurer and make a recorded confession. People mistakenly believe that they are being cooperative. They aren’t being looked out for by their insurance company. They are trying to find information that will benefit their insured. The insured is free to not speak with the insurance company.
People can also make the mistake of not seeking treatment immediately, believing they can handle it. They don’t have any documentation from a medical professional to support their claims. As time goes by, it becomes more difficult to get treatment. If you do not seek immediate medical attention or wait too long, your insurance company could claim that you were not injured. An insurance carrier can also use a gap in 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.
Fight the Insurance Companies
In order to decrease their payouts, insurance companies may wrongly accuse injured persons of causing a wreck. The police report might be wrong, and victim-blaming may follow. It is possible that you will find yourself in a “he told, she said” dispute with the negligent driver. You will need to have strong evidence and professional assistance in order to win your case.
We review the facts surrounding each client’s claim, including reading police reports, collecting testimonies, conserving electronic data from cars and surveillance videos, as well as consulting with crash reconstruction specialists.
Insurance for personal injury protection
Personal injury protection (PIP), a type insurance coverage, is included on many personal automobile 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 pay for your own and your passengers’ medical bills regardless of how the case ends. PIP may also be used to pay lost wages.
The Texas minimum policy limit for PIP is $2,500. This is not much. 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.
When an Accident Case Goes to Court
Most insurance claims can be settled without the need to file a suit.
However, not every vehicle accident can be fixed. Perhaps the issues to be resolved are beyond both parties’ capabilities. Perhaps the plaintiffs or defendants couldn’t agree upon how much compensation should go because they couldn’t resolve their differences.
In a trial, expert witnesses and witnesses may be called. Responding law enforcement officers can also be called and could testify before a jury. The jury will decide on the defendant’s extent of liability. Although a trial case may take more time and money than a settled claim, a jury might be able to award a plaintiff higher than any settlement. Sometimes your attorney may even be able to argue that you be awarded punitive damages which is something that would not be offered in a settlement.
After you file a lawsuit, the defense side will want to hold a deposition. This is a formal conversation where you will be sworn in. Each side’s lawyers will be present, as will 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. 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 ask you questions that can help your case. The process doesn’t have to intimidate you. Texas’s deposition rules mean you won’t be intimidated, and your accident attorney will ensure that this happens.
Texas Motor Vehicle Trial Cases – Expert Witnesses
An expert witness is a person who can testify before a jury in a court case. Using their expertise, the witness can help those hearing the case draw a conclusion based on available information.
Medical experts are the most common expert witness in motor vehicle accident cases. 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 be a valuable asset to a claimant’s case. However, this is not always true. Further, expert witnesses are not always called and typically only participate in a case when required by the court. A motor vehicle firm with experience will be able draw on its resources to find an expert witness.
What is the average court case time for an auto accident?
When determining how long it takes, the trial is not the only factor. There are many things that have to occur before you can ever enter the courtroom. The lawsuit must be served to the defendant. The parties then exchange evidence and take deposition witnesses. This process can take upto a year depending upon the complexity of each case and how many people are involved.
As you’ve seen from this overview of the ins and outs of motor vehicle accident cases in Texas, going it alone is never recommended. 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.
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