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 – Nevada
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. That attention and commitment are your greatest hope for compensation, whether in a settlement or a jury award. An experienced vehicle accident lawyer will help you determine if your injuries are covered by no-fault insurance. This includes financial recompense for any injuries or losses you sustained, missed wages, and other skyrocketing costs. To learn more about your possible choices, contact our Dallas based law offices immediately for a free initial case consultation. Ward Maedgen Accident Attorneys will ensure that your case is as smooth 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 a case goes to litigation, then the insurance carrier’s legal team steps in too. This is because these professional teams are designed to lower the annual insurance carrier’s payouts. They do a great job.
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. 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 have seen for example folks come to us after they have given a recorded statement, trying to work with the insurance company themselves. They usually make major mistakes that work in the company’s favor and decrease or even eliminate their chances for a favorable settlement. It is usually too late for us.
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 especially true in light of 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: Traffic collision – Texas
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. It is crucial to evaluate the contributing factors. Have your brake lights been on? Did you come to a complete stop in the flow of traffic? Were you using turn signals? Then, the finding of fact must be made in these cases: 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 crashes can happen for a variety of reasons. Sometimes there are unseen circumstances or conditions that cause it. One example is when a defendant might suddenly stop in front of you because there may be an object in the way. Sometimes, the defendant may have been following too closely before running up to your bumper and then ramming into you.
The courtroom will have questions from both sides. How can we talk about the weather? Can they be blamed for this collision? Is speeding an issue? Even if your tail lights are working, there might be a dispute. Last but not least, there’s the matter of contributory negligence. Some might argue that you contributed to the collision if you didn’t stop for traffic ahead.
As you can see rear-ending is not an automatic win. These issues can be complicated and a skilled auto accident lawyer is your best friend.
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 fatalities accounted for almost 14% in Texas’s traffic deaths.
Distracted driving accidents
Today, texting is no longer the only distraction from personal devices. Texas banned texting while driving in 2017. However, it is still possible to use a handheld device to do other things like GPS or play music. The fact that someone was distracted driving at the time of an accident does not excuse them. 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.
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 recorded 1,354 fatalities from single-car accidents in 2020. These are referred to by NHTSA as “ROR” – Run-Off Road Crashes.
ROR crashes most often involve one party. This includes factors like alcohol use, poor weather and distracted driving. 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. In other cases, a driver may be attempting 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 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. If the other driver fled the scene, perhaps eye-witnesses can lend testimony. Many drivers now have dash cams in their vehicles.
A personal injury attorney can help you to prove negligence by another driver in a Run off-road accident.
Side Impact Collision and Intersection
Side impact and intersection collisions are major contributors to serious injury and death in Texas, just like head-on collision cases. 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.
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’s a chance that the negligence of another driver may not be sufficient for their car policy to pay. As mentioned previously, having experience and competence on your side in the form of a Texas accident attorney is critical.
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, as it stops photographic evidence from being as reliable as possible and prevents police from being present on the scene to observe the vehicles.
Another common error is when people contact their at fault insurer and make a recorded declaration. People mistakenly believe that they are being cooperative. They don’t have to look out for their insurance company. They want to help their insured. The insured is free to not speak with the insurance company.
Sometimes people make the error of not seeking immediate treatment, thinking they are able to handle it. They don’t have the documentation required by a doctor to back up their claims. As time passes, there is a delay in getting treatment. If you do not seek immediate medical attention or wait too long, your insurance company could claim that you were not injured. Insurance companies can also use gaps in treatment to defend their clients.
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.
Combating Insurance Companies
Insurance companies could falsely accuse a wounded person of causing an accident in order to reduce payouts. It’s possible that the police report is incorrect. Victim-blaming can follow. You may find yourself in a dispute with the negligent motorist. 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), a type insurance coverage, is included on many personal automobile policies. PIP can be removed in certain situations, like if you are eligible for Medicare. However, most drivers must have it.
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 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. This will be useful to cover medical expenses for the short term while your case is developing.
When an Accident Case Goes to Court
Most insurance claims settle before a lawsuit is filed.
But not all car accidents can be resolved. 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 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 might be able to argue that punitive damages should be awarded. This is something that would not have been 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 questions to learn more about the accident, who caused it, your injuries and damages. To learn more about other drivers, the attorney will ask them questions.
Your attorney will help defend you from answers that are misleading or harmful to your case. Your attorney may also ask you questions that shed a favorable light on your case. The process doesn’t have to intimidate you. Texas rules for depositions mean that you won’t be intimidated and your accident attorney will also make sure of this.
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 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. When this happens, an experienced motor vehicle firm will have resources to draw upon for finding the right expert witness.
How long does it take to get a court case for an auto crash?
When determining how long it takes, the trial is not the only factor. There are many things to be done before you even step foot into the courtroom. The lawsuit will need to be served on defendant. Then there is a period where each party exchanges 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.
As you can see, going it alone is not an option. To learn more about your legal options, call us for a free consultation. Ward Maedgen Accident Attorneys have helped many to recover after crashes for years.
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