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 – Melissa
Why you should work with an experienced auto accident attorney
As they build the strongest claim possible, our legal team will review every component of the incident. Your best chance of getting compensation is to pay attention and be committed, regardless of whether you are settling or going to trial. A lawyer who specializes in vehicle accidents can help you determine whether you are eligible for no-fault compensation. This includes financial recompense for any injuries or losses you sustained, missed wages, and other skyrocketing costs. Our Dallas-based lawyers are available to help you learn more and provide a free consultation. Ward Maedgen Accident Attorneys are committed to helping you get the best outcome 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 the case moves to litigation, then the legal team from the insurance carrier steps in. The bottom line is that these teams of professionals have their entire job to lower the insurance company’s annual payouts. Needless to mention, they excel at 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. It is generally a bad idea to face these professionals unarmed without the assistance of your attorney.
Sometimes clients find this out the hard way. We’ve seen clients come to our office after they have recorded a statement. This is because they are now trying to work with the insurer. They make big mistakes that can be used to their advantage and reduce or eliminate their chances of winning a claim. By this time, it is often too late for us to help.
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. Conversing with insurance providers can lead to 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
Although the Texas Department of Transportation has no data on rear-end traffic accidents, we know they are approximately 28% or 29% nationally. This type accident is probably the most common nationwide and Texas is no exception.
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. You should evaluate mitigating factors. Are your brake lights on? Did you bring traffic to a halt? Was your use of turn signals evident? Finally, in these instances, there must be a finding of fact: Was the defendant’s vehicle behind you? Although your testimony could be disproven, you must provide additional evidence to prove that the defendant actually followed you.
Rear-end accidents can happen for many 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. In some cases, a defendant may be following too closely and ran up on your bumper before slamming into you.
In court, questions will be asked from both sides. For example, what about weather conditions? They contributed to the collision? Is speeding an issue? You might also argue about whether your tail lights worked. Last, but not least is the question about contributory negligence. You might be argued that you contributed to the accident if you did not lane brake ahead of traffic.
As you see, rear-ending a claimant is not a guarantee of a win. A skilled attorney in auto accidents is invaluable for helping you navigate these issues.
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 accidents constituted almost 14% of the traffic fatalities for the year in Texas.
Distracted Driving Accidents
Distractions from personal devices are not 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. A Class A misdemeanor can result in a sentence of up to one year in jail and as much as $4,000 in fines.
Individual cities in the Dallas/Fort Worth region have their own ordinances, which are more stringent than state laws.
Distracted driving is the cause of 368 traffic fatalities in 2020, regardless if there are any laws. Hundreds more were likely involved in or contributed to non-fatal accidents.
Texas saw 1,354 car-related deaths in 2020. These are known as “ROR” (Run-Off-Road) by the NHTSA.
ROR crashes almost always involve one party. Personal injury lawyers aren’t as familiar with these cases because the majority of ROR crashes occur because of the fault of one person.
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 often have two-lane highways, with opposing traffic. Drivers could drift into the oncoming lane. Drivers may also attempt to pass unsafely.
If you were run off the road by another driver such as someone under the influence of alcohol or drugs or someone who fell asleep at the while, you’ll likely need to show proof that the other driver caused this. 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. Witnesses who witnessed the accident may be able give evidence if the driver fled. Many drivers now have dash cams in their vehicles.
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
As with head-on collisions, side and intersection crashes contribute significantly to fatalities and serious injuries in Texas. The state recorded 865 fatalities in 2020 that were attributed to intersection or related to intersections accidents.
Side impact collisions are more likely to result in serious injuries than those that occur at the front or rear. This type of accident is very dangerous in Texas, despite the fact that modern cars come with side impact airbags, impact pillars, and curtains.
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. A Texas accident attorney can help you if you lack the experience and expertise.
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 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. Many people think they’re being cooperative. They aren’t being looked out for by their insurance company. They are seeking information to assist their insured. The insured is not required to contact the insurance company.
People also sometimes make the mistake of waiting to seek treatment until they feel they can manage it. They don’t have documentation from a professional to support their claims. As the time passes, so does the delay in receiving 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 company can also use a delay 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 unjustly accuse the wounded person of causing a collision in an effort to reduce payouts. The police report may be incorrect, and victim-blaming might 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 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.
Personal Injury Insurance
Personal injury protection (PIP) is a type of coverage that is included on many personal auto policies. PIP can be omitted in certain cases, such as Medicare, but for most drivers it is mandatory.
This form of personal auto coverage is designed to pay for any medical bills incurred in an accident. This means you can pay for your own and your passengers’ medical bills regardless of how the case ends. PIP can also provide coverage for lost wages.
That said, the minimum required policy limit for PIP in Texas is only $2,500 – not a whole lot. You may have selected a higher amount if your agent was knowledgeable and had reviewed all the coverages. This will cover short-term medical expenses as the case progresses.
A case involving an accident goes to court
The majority of insurance claim claims are settled 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. Perhaps the plaintiffs and defendants could not agree on how much compensation should be paid because they couldn’t resolve their differences.
Expert witnesses, witnesses, responding law enforcement officers and other witnesses can be called in a trial. The jury will decide how much (or not) liability the defendant is liable. 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.
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. 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 assist you in answering any questions you may have. Your attorney might also ask questions that are favorable to your case. Regardless, you don’t have to be intimidated by the process. Texas law for depositions ensures that you will not be intimidated. Your accident attorney will also ensure that you aren’t.
Texas Motor Vehicle Trial Cases Expert Witnesses
Expert witnesses can offer their opinions to jurors in court cases. 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 and other medical experts can offer an opinion about the probability of recovery, treatment needed, or prognosis of an injured party.
Although expert witnesses can help to strengthen a claimant’s case, this is not always the case. Expert witnesses aren’t always called. They typically participate only when requested by the court. A motor vehicle firm with experience will be able draw on its resources to find an expert witness.
How long does a court case take for an auto accident?
In answering the question of how long the process will take, it is not just about the trial. There are many things to be done before you even step foot into the courtroom. The defendant will have to be served with the lawsuit. After that, each party must exchange evidence and depose 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’ve seen from this overview of the ins and outs of motor vehicle accident cases in Texas, going it alone is never recommended. Contact us today to schedule a complimentary consultation to learn about your legal rights. 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