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 – Meaders
Why You Should Work With an Experienced Auto Accident Attorney
Our legal team will evaluate every part of the incident and develop the strongest possible case. This commitment and attention are the best way to get compensation, in settlement or at trial. A vehicle accident lawyer can help you determine if you are entitled to compensation through no fault insurance. This can include anything from financial recompense for any losses or hurt you have incurred, missed wages, and skyrocketing expenses. For a free consultation, call our Dallas-based law offices. Ward Maedgen Accident Attorneys will ensure that your case is as smooth 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 goes to trial, then the legal department of the insurance carrier is called 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, regardless of what outcome you get, as soon as your conversation with the insurance carrier for the other driver begins, you’ll be working with people whose purpose it is to reduce the claims however they can within the limits of the law. This is usually a bad idea.
Sometimes clients discover this the hard and fast way. We have seen people come to us after giving a recorded statement and trying to work directly with the insurance company. They often make mistakes that benefit the company and can hurt or ruin their chances of winning a favorable claim. It’s often too late by this point to assist.
It’s critical that our potential clients don’t communicate with insurance companies. Because they want information that can be harmful to clients but benefit the insurance company or defendant, this is a problem. This is especially true when it comes to 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: Texas Traffic Collision
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 the most common across the nation and Texas is no different.
Texas is considered a “modified comparative blame state”, which means rear-end collisions are not always attributed to the driver. 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? In these cases, there must be a finding that the defendant was behind you. Your testimony may be refuted so there must be additional evidence to show that the defendant was following too closely.
Rear-end accidents can happen for many reasons. Sometimes, it is not obvious circumstances that lead to the collision. 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, questions will be asked from both sides. How can we talk about the weather? Did they contribute to cause this collision? Is speeding an issue? 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.
As you see, rear-ending a claimant is not a guarantee of a win. An experienced auto accident attorney is invaluable in navigating these issues.
Although they are statistically safer than rear-end collisions, head-on crashes are more common than rear-end ones. According to the Texas Department of Transportation, 538 people died in head-on collision accidents in 2020. These accidents made up almost 14% the total traffic fatalities in Texas for the year.
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. Distracted driving can still be a cause of an accident. However, it does not mean that a driver who causes an accident through distracted driving is excused just because they were texting. 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.
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. 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 known by the NHTSA as “ROR” or Run Off-Road Crash.
ROR accidents involve just one person in an accident. These factors include alcohol use, poor driving conditions, distraction driving, poor visibility and other road conditions that can cause the driver to lose control. Because most of these accidents occur due to the fault of the single party, these cases are not as commonly handled in personal injury law firms.
ROR accidents can happen when another driver is driving, and you have to take evasive maneuvers to avoid being in a collision. Texas had 51% fatal accidents in 2020. These areas often have two-lane highways, with opposing traffic. Drivers could drift into the oncoming lane. Drivers may also attempt to pass unsafely.
If another driver drove you off the road, like someone who is under the influence or someone who falls asleep, you will likely have to prove that they caused it. An insurance company that reviews a claim involving a car that didn’t come into contact with another will scrutinize how and why if you claim the accident was caused by someone else. Eyewitnesses might be able to give testimony if another driver fled the scene. Drivers are increasingly equipping their cars to have dash cams.
To prove that your Run-off-road accident occurred due to negligence of another driver, you will need to consult a personal injury attorney.
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, there were 865 fatalities that could be attributed to intersection accidents 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. This type of accident is very dangerous in Texas, despite the fact that modern cars come with side impact airbags, impact pillars, and curtains.
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. A Texas accident attorney can help you if you lack the experience and expertise.
Common Mistakes following 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 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 error is when people contact their at fault insurer and make a recorded declaration. Many people mistakenly think they are being cooperative. They aren’t being looked out for by their insurance company. They’re trying to get information that will help them and their insured. The insured does not have to speak with insurance companies.
People sometimes make the wrong decision to not seek immediate treatment. They believe they can handle the situation. They don’t have medical documentation 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 company can also use a delay in treatment as a defense.
Common mistakes made by people include not seeking immediate treatment, talking to their at-fault insurer, recording a statement, trying and resolving their claim themselves, accepting an earlier settlement, refusing to accept the outcome of the case, and refusing to take action.
Fight the Insurance Companies
In order to decrease their payouts, insurance companies may wrongly accuse injured persons of causing a wreck. The police report may be incorrect, and victim-blaming might follow. You may find yourself in a dispute with the negligent motorist. You will need to have strong evidence and professional assistance in order to win your case.
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 protection (PIP), a type insurance coverage, is included on many personal automobile policies. PIP is optional for some drivers.
This type of personal insurance protection protects against medical expenses after an auto 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 also covers lost wages.
Although the Texas minimum policy limit is $2,500, it’s not too high. A good agent will have reviewed your coverages with you and recommended a higher amount. 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 vehicle accidents can be settled. 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.
Expert witnesses, witnesses, responding law enforcement officers and other witnesses can be called in a trial. The jury will decide the extent (or non-extent) of liability held by the defendant. A trial case is much more costly than one that is settled outside of court. However, a jury can award a plaintiff more than any settlement. Sometimes, your lawyer may be able argue for punitive damages. This is something that cannot be offered in a settlement.
After you file a lawsuit, the defense side will want to hold a deposition. This is a formal conversation in which you will be sward in, both side’s attorneys will be present along with a court reporter. Both sides will ask you questions to get more information about the accident, who was negligent, your injuries, damages, and other details. To learn more about other drivers, the attorney will ask them questions.
Your attorney will be there to help you avoid answering questions that could hurt your case. You may be asked questions by your attorney that will shed light on your case. Regardless, you don’t have to be intimidated by the process. You won’t feel intimidated by the Texas deposition rules. Your accident lawyer will also ensure this.
Texas Motor Vehicle Trial Cases
In a court case, expert witness can give their opinion to a jury. A witness’s expertise can be used to help the jury draw a conclusion from the available information.
The most common example of an expert witness in a motor vehicle accident case are medical experts. These doctors or other medical professionals can give opinions about the likelihood of recovery, need to treat, and prognosis of an injury victim.
Expert witnesses can contribute to a stronger case for a claimant, but this is not so every time. Expert witnesses are rarely called and usually only take part in court cases when the court requires. If this occurs, an experienced motor car firm will have the resources necessary to find the right expert witnesses.
How long does a court case take for an auto accident?
It is not the only thing that will determine how long the process takes. There are many things to be done before you even step foot into the courtroom. The lawsuit must be served to the defendant. Each party will then have to exchange 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. To learn more about your legal options, call us for a free consultation. Ward Maedgen Accident Attorneys has helped many people to recover from accidents over the years.
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