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 – Mobile City
Why You Should Work With an Experienced Auto Accident Attorney
Every component of the incident will be examined by our legal team as they develop the strongest possible claim. 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 could include financial recompense, lost wages, or other high-spending expenses. Our Dallas-based lawyers are available to help you learn more and provide a free consultation. 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. This is because these professional teams are designed to lower the annual insurance carrier’s payouts. They are skilled at what they do.
This means, that regardless of how the outcome turns out, once you start talking to the other driver’s insurer, you will know you are working with people whose sole purpose is to reduce or keep claims to a minimum. To face these professionals unarmed and without the representation of your own attorney is usually a very bad idea.
Sometimes clients learn this the hard way. We have seen people come to us after giving a recorded statement and trying to work directly with the insurance company. They make big mistakes that can be used to their advantage and reduce or eliminate their chances of winning a claim. We often cannot help you once it is too late.
It’s crucial that potential clients never communicate with their 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. There are many misunderstandings that can result from interacting with insurance providers. 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: Traffic collision – Texas
Although Texas Department of Transportation does not collect data on the proportion of traffic collisions are rear-end accidents, nationally speaking, we know that they are about 28% or 29%. This type of accident is the most common across the nation and Texas is no different.
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 important to consider the potential contributing factors. Did your brake lights turn on? Did you come to a complete stop in the flow of traffic? Did you use turn signals? Then, the finding of fact must be made in these cases: 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 crashes can happen for a variety of reasons. Sometimes, it is not obvious circumstances that lead to the collision. One example is when a defendant might suddenly stop in front of you because there may be an object in the way. In some cases, a defendant may be following too closely and ran up on your bumper before slamming into you.
In court, the questions will come from both sides of the aisle. Weather conditions are one example. Did they contribute to cause this collision? What about speeding? You might also argue about whether your tail lights worked. There is also the question of contributory neglect. Some might argue that you contributed to the collision if you didn’t stop for traffic ahead.
As you can see, being rear-ended is not an automatic win for claimant. This is where an experienced auto accident attorney can help you.
While head-on accidents are less common than rear end accidents, they are statistically much more dangerous. Head-on collisions caused 538 deaths by 2020, according to the Texas Department of Transportation. 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. 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.
Additionally to state laws and ordinances, cities in Dallas/Fort Worth have their own ordinances. Some are more restrictive than others.
Regardless the laws, in 2020 368 traffic accident fatalities were attributed to distracted driving. Hundreds more were likely involved in or contributed to non-fatal accidents.
Texas saw 1,354 car-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. These cases are not usually handled by personal injury attorneys because they involve only one party.
Some ROR accidents are caused by another driver, requiring you to take evasive actions to avoid a collision. In Texas during 2020, 51% of the fatal accidents occurred in what were called “rural” areas. These areas commonly have two lane highways with opposing traffic and the potential for drivers to drift into an oncoming lane. Another reason a driver might be trying to pass dangerously is that he or she may not know how to do so.
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. More and more drivers are also equipping their cars with 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
Similar to head-on collisions cases, fatalities from side impact and intersection accidents are a significant contributor to serious injury in Texas. The state recorded 865 fatalities in 2020 that were attributed to intersection 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.
Because Texas has modified contributory neglect laws, even a broad side accident cannot be automatically considered a case. 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. As mentioned previously, having experience and competence on your side in the form of a Texas accident attorney is critical.
Common Mistakes Following a Traffic Collision
Parties to an accident may move vehicles without taking photographs or having officers present at 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 mistake people make is to contact the at-fault insurer and record a statement. Many people believe they are being cooperative, which is wrong. The insurance company doesn’t look out for them. They are trying to find information that will benefit their insured. There is no obligation for the insured to speak to 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 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 may also use a gap between treatment as a defense.
It is common for people to make mistakes by talking to the at fault insurance company, recording statements, trying to resolve their claims themselves, accepting an early settlement before they know the outcome, or not getting treatment immediately.
Stopping Insurance Companies
Insurance companies may falsely accuse the victim of causing a collision to lower their 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. You’ll need convincing evidence and the support of a professional to win your case.
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.
Insurance for personal injury protection
Personal injury coverage (PIP) can be included on most personal auto policies. Although you can opt out of PIP in some cases such as if you have Medicare, for most drivers, the coverage 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.
However, Texas’ minimum policy limit for Personal Injury Protection (PPI) is $2,500. Not a lot. You may have selected a higher amount if your agent was knowledgeable and had reviewed all the coverages. If so, this will come in handy to cover shorter term medical expenses while the case is progressing.
An Accident Case goes to Court
A majority of insurance claim cases are settled before a lawsuit can be filed.
However, not all vehicle accidents can be settled. Perhaps the parties are unable to resolve the issues. Perhaps the plaintiffs were unable to agree on how much compensation they should pay because they could not resolve 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. 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
The defense side will request a deposition after you have filed 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. Each side will ask you questions about the accident and who was responsible, as well as 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. 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
Expert witness can provide their opinions to the jury in court cases. A witness’s expertise can be used to help the jury draw a conclusion from the available information.
Most often, experts in motor vehicle accidents are medical professionals. These doctors or other medical experts can render an opinion about an injured party’s probability of recovery, need for treatment, or prognosis.
Expert witnesses can be a valuable asset to a claimant’s case. However, this is not always true. Expert witnesses aren’t always called. They typically participate only when requested by the court. This is when an experienced motor vehicle business will have the resources to locate the right expert witness.
What length of time does it take for a court case regarding an auto accident to be resolved?
It is not the only thing that will determine how long the process takes. There are many things you need to do before you step into 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.
This overview of Texas motor vehicle accident cases shows that it is not a good idea to do everything yourself. Contact us today to schedule a complimentary consultation to learn about your legal rights. Ward Maedgen Accident Attorneys have been helping many people recover from crashes over many 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