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 – Murphy
Why an Auto Accident Attorney is an Expert in Your Area
Every component of the incident will be examined by our legal team as they develop the strongest possible claim. That attention and commitment are your greatest hope for compensation, whether in a settlement or a jury award. A vehicle accident lawyer can help you determine if you are entitled to compensation through no fault insurance. This includes financial recompense for any injuries or losses you sustained, missed wages, and other skyrocketing costs. Call our Dallas-based law office immediately to discuss your options and receive a complimentary initial case consultation. Ward Maedgen Accident Attorneys is committed to making sure your case proceeds as smoothly as possible.
When an insurance claim is started, claims adjusters and managers use tactics and methods to mitigate the potential payout or even get it denied it altogether. If the case moves to litigation, then the legal team from the insurance carrier steps 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 outcome, as soon as you engage with the insurance carrier of the other driver, you will be guaranteed to be working against people who’s purpose is to reduce claims while staying within the bounds of the law. This is usually a bad idea.
Sometimes clients learn this the hard way. For instance, people have come to us after having given a recorded declaration. They want to be able to work with insurance companies. They typically make costly mistakes that are in their favor, which can reduce or even destroy their chances at a favorable claim. We often cannot help you once it is too late.
It is crucial that potential clients do not communicate with insurance companies. Because they are seeking information that is potentially harmful to the client but advantageous to the defendant and insurance company, this is why. This is particularly true when you consider contributory negligence. Talking to insurance providers can cause misunderstandings. 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
The Texas Department of Transportation doesn’t collect data about the percentage of rear-end collisions in traffic accidents. However, they know that this number is around 28% to 29% nationally. This kind of accident is likely the most common nationally and, based on our experience, Texas is no exception.
Texas is a state with modified comparative fault. This means that rear-end collisions in Texas do not only point to the driver responsible for them. It is crucial to evaluate the contributing factors. Did you have your brake lights on at all? Are you able to stop traffic flow completely? Were you using turn signals? These cases require a finding to fact. Was the defendant’s vehicle following you? Your testimony may be refuted so there must be additional evidence to show that the defendant was following too closely.
Rear-end crashes can happen for a variety of reasons. It can sometimes be caused by circumstances or circumstances that are not known. 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, the defendant may have been following you too closely, and ran up on your bumper before hitting you.
In court, questions will be asked from both sides. For example, what can be said about weather conditions? Did they contribute to cause this collision? Speeding is another possibility. Even if your tail lights are working, there might be a dispute. There is also the question of contributory neglect. 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. A skilled attorney in auto accidents is invaluable for helping you navigate these issues.
Although head-on collisions are statistically less common than rear end accidents, they are statistically more deadly. 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
Nowadays, distractions from personal phones are more than 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. This does not mean that someone who caused an accident due to distracted driving is excusable just because they were doing something other than texting on their device. 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 the state laws, the individual cities of the Dallas/Fort Worth area have adopted ordinances to differing degrees. Some are stricter than the state laws.
Distracted driving was responsible for 368 fatal traffic accidents in 2020, regardless of the laws. There were many more who could have been involved in non-fatal crashes or contributed to them.
Texas’ single car accident deaths were responsible for 1,354 deaths in 2020. These are known as “ROR” (Run-Off-Road) by the NHTSA.
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. These cases are less common in personal injury law firms because most of these accidents are caused by the fault of one party.
ROR crashes can be caused by an accident involving another driver. You will have to take evasive steps to avoid collisions. Texas had 51% fatal accidents 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. Witnesses who witnessed the accident may be able give evidence if the driver fled. Many drivers now have dash cams in their vehicles.
For a Run-off-road case where another driver was negligent, you should contact a good personal injury lawyer to help you build a strong case.
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, 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.
Because Texas has modified contributory neglect laws, even a broad side accident cannot be automatically considered a 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. An accident attorney in Texas is a great resource for you.
Common Mistakes After 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 common mistake is people contacting the at-fault insurer and make a recorded statement. Many people believe they’re being cooperative. The insurance company isn’t looking out for them. They are seeking information to assist their insured. The insured does not have to speak with insurance companies.
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 passes, the likelihood of getting treatment is greater. If you wait too long or don’t seek treatment immediately, the insurance company may claim you weren’t injured. An insurance company can also use a delay 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.
The fight against the insurance companies
Insurance companies could falsely accuse a wounded person of causing an accident in order to reduce payouts. It is possible that the police report was incorrect and victim-blaming could follow. The negligent driver might cause you to be in a “he said/she said” situation. To win your case, you’ll need compelling evidence and the assistance of a professional.
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.
Personal Injury Protection Insurance
Personal injury protection (PIP), is a type coverage that is included in many 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 personal auto insurance protection provides coverage for medical expenses incurred after an accident. It’s a type of “no-fault.” 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 may also be used to pay lost wages.
The Texas minimum policy limit for PIP is $2,500. This is not much. 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.
When an Accident Case Goes to Court
A majority of insurance claim cases are settled before a lawsuit can be filed.
However, not all accidents involving vehicles can be solved. Perhaps the issues to be resolved are beyond both parties’ capabilities. Perhaps the plaintiffs were unable to agree on how much compensation they should pay because they could not resolve their differences.
In a trial, witnesses and expert witnesses may be called, responding law enforcement officers, and possibly others for testimony in front of a jury. The jury will determine the defendant’s 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 can argue that punitive or other damages be awarded to you. This is something not offered in a deal.
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. 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 assist you in answering any questions you may have. You might be asked questions that help to shed light on your case by your attorney. The process doesn’t have to intimidate you. Texas regulations for depositions make it clear that you will not feel intimidated. And your accident lawyer will confirm this.
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.
In motor vehicle accidents, medical experts are the most common expert witness. These medical experts, as well as other doctors, can provide an opinion about the chances of recovery for injured parties, their treatment requirements, and prognosis.
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. 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?
The trial itself is actually not the only consideration when answering 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. After that, each party must exchange evidence and depose witnesses. This whole process can take as much as a year depending on how complex the case is and how many parties are involved.
This overview of Texas motor vehicle accident cases shows that it is not a good idea to do everything yourself. 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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Photo Courtesy of: Legal Concierge, Inc.
Legal Concierge, Inc.
Address: 3975 McCreary Rd, Parker, TX 75002, USA
Main Phone: (214) 306-2246
Did you know that Legal Concierge, Inc. rates 4.2/5 based on 10 total ratings?
Reviews for Legal Concierge, Inc.
3 weeks ago
A wonderful family oriented atmosphere full of people that are highly skilled and love what they do!
I have had a wide array of jobs from different industries in the past and this suits me better than any of my previous professions. This team and environment are highly collaborative, friendly, and talented. Everyone is very helpful with anything that you need, if you don’t know something and they do, they will teach you or help you find a solution; the job training is excellent as the culture of the company shares a team atmosphere.
Personally, I have a hard time doing the same thing day in and day out, I like to be moving and using all of my skills and this job demands it. You will be using technical knowledge (IT, graphics, Adobe, videography), physical moving and logistics, management and people skills, computer skills ( Microsoft office, G-Suite, Excel, Adobe Acrobat and Photoshop, videography and sound softwares ) and situational awareness ( service and hospitality industry mindset and time management ).
This company pays very well and takes care of their employees. The employees that work the hardest and are always willing to grow their skillset typically find themselves moving up the ladder quickly.
The benefits are fantastic offering full coverage insurance including family plans, 401K…
This is a great place to work if you are an innovator, a problem solver, highly personable and intellectual individual, hard-working, and creative.
The company has some peaks and valleys like any company, there can be busy seasons and slow seasons. This company is a company that serves other groups and requires frequent travel to some nice metropolitan locations and smaller suburban locations which can vary from a few days to a couple months. We work with highly professional and intelligent people that are well established in their industries that can be demanding at times; which requires thinking on your feet to come up with solutions and requires a high level of professionalism.
It is quite physically demanding at times from a logistical stand point, not the place to work if you consider yourself an “office worker” or don’t appreciate physical labor. ( Moving equipment, and walking or standing for long periods of time. )
I would also include that this career is not suitable for introverts or people that like to work independently. This group thrives in a team setting and team oriented mindset. Occasionally, you can be in situations that requires you to work independently but I would say those situations are rare.
This job requires a lot of flexibility in day to day routines, locations of work, and groups of people you will be working with. Often times, you will find yourself going with the flow as change is inevitable in this role and it benefits those that maintain an uplifting demeanor.
Lastly, the tasks, requirements, or duties are not difficult but it can require long hours or long work days, especially when you are traveling.
Advice to Management
Excellent management team, they don’t micromanage you but they do require assigned tasks to be completed in a timely manner.
8 months ago
This company is dynamic. Not sure the reviews on here match this company. This is a trial support company and we have used them for IT and Logistics and Graphics and presentation for years. Looks like there are reviews that are meant for another LCI company and not Legal Concierge Inc. This company is reliable, innovative, and has a tremendous eye for detail. We have used them for 15 years! Their customer service is second to none!
7 months ago
Legal Concierge Inc. is an excellent company to work for. They have a staff of highly qualified professionals within their fields, and the company offers a very supportive team environment. I have learned so much in the field of IT, logistics, and litigation in a short amount of time thanks to the excellent on the job training and the helpful staff that they have here.
Photo Courtesy of: Law Office of Jessie M. Thomas
Law Office of Jessie M. Thomas
Address: 2610 FM 544 #107B, Wylie, TX 75098, USA
Main Phone: (469) 925-0472
Did you know that Law Office of Jessie M. Thomas rates 4.9/5 based on 30 total ratings?
Reviews for Law Office of Jessie M. Thomas
2 months ago
First of all a huge huge thanks to Jessie!!!We first approached Jessie for my partner’s green card process and right from beginning she guided us at each and every step very clearly until we finished our interview and my partner got the conditional green card and it wouldn’t have been possible without Jessie as our case is different and complicated.
We definitely wanted Jessie’s expertise again for my partner’s permanent green card.with Jessie’s great help again permanent green card has been approved. Jessie was always available to answer questions whether by phone,text or email. Even better,she offers flexible payment plans. Guys, please stop looking for any other immigration lawyer..Jessie is best and she would definitely get the work done..Trust me..Thank you very much Jessie!
6 months ago
I don’t even know where to begin. From the moment we met her she was upfront and honest. She kept us in the loop. She updated us with the changing laws. She always had our best interest at heart. She’s very understanding. I honestly feel like she is the reason that my family was able to stay together. At times, she went above and beyond. My family has been recommending her to everyone that needs her services.
6 months ago
I never expected to fall in love with my best friend who lived five thousand miles away. We had no experience in what needed to be done for permanent residence after marriage. We thought we could do it ourselves and soon realized we could not. We were desperate to find a ‘good’ immigration attorney. By the grace of God we found Jessie Thomas. We read the reviews and she was exactly what we were looking for. From the very beginning she laid everything out for us. Step by step, form by form. This application explained fully, that question answered. It will seem overwhelming in the beginning, just have patience and faith. She took our calls, eased our fears and always answered our questions. She is ethical, straight forward and has a commitment to competence, integrity and morality. I feel so blessed that she chose this profession. I cannot imagine anyone else being as helpful as she was every step of every bridge we crossed. It is a stressful time- but with a great attorney like Jessie, it will be a dream come true. Ours sure was!
Photo Courtesy of: DFW Bankruptcy Lawyers
DFW Bankruptcy Lawyers
Address: 3300 E Renner Rd #250, Richardson, TX 75082, USA
Main Phone: (972) 947-9000
Did you know that DFW Bankruptcy Lawyers rates 4.9/5 based on 11 total ratings?
Reviews for DFW Bankruptcy Lawyers
6 months ago
I didn’t go through them because they were a little too expensive but they were very pleasant and I would still recommend this bankruptcy law firm based on the experience my friend (who filed) had and myself while I helped her research.
6 months ago
Thanks for helping me see how it works. Great bankruptcy lawyer.
6 months ago
FAST! I dreaded making the call, but when I did, it seemed like a whirlwind of help. They were proactive, Janie was awesome and of course the bankruptcy attorney!