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 – New Hope
Why an Auto Accident Attorney is an Expert in Your Area
Our legal team will examine every aspect of the incident to determine the strongest possible claim. 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 for vehicle accident victims can help determine if you are eligible to receive compensation under no-fault coverage. 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 are committed to helping you get the best outcome 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. These teams of professionals are there to help reduce the amount that insurance carriers have to pay each year. Needless to mention, they excel 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. To face these professionals unarmed and without the representation of your own attorney is usually a very bad idea.
Sometimes, clients have to learn this hard 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. We often cannot help you once it is too late.
It’s crucial that potential clients never communicate with their insurance companies. This is because they’re seeking information that may be harmful to the client but beneficial to the insurance company and defendant. This is especially true in light of contributory negligence. Misunderstandings can occur when insurance providers are contacted. They aren’t looking out for you; instead, they are playing a game where they’re trying to get out of paying you what your claim is worth.
Common Case Types
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 kind of accident is likely the most common nationally and, based on our experience, Texas is no exception.
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? You used 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 collisions could occur for several reasons. Sometimes, there are unforeseeable circumstances or conditions that can cause rear-end collisions. One example is when a defendant might suddenly stop in front of you because there may be an object in the way. Sometimes, a defendant might be following you too closely and run up to your bumper before running into you.
In court, questions will be asked from both sides. What can you say about weather conditions, for example? Did they contribute to cause this collision? How about speeding? Even if your tail lights are working, there might be a dispute. Finally, there’s the question of contributory negligence. If you didn’t brake in front of the traffic, then you might be considered to have contributed to the collision.
As you can see rear-ending is not an automatic win. It is a great idea to consult an experienced attorney who specializes in auto accident cases.
Head-on crashes are less common than rear-end accidents but are statistically more dangerous. According to the Texas Department of Transportation, 538 people died in head-on collision accidents in 2020. These accidents were responsible for nearly 14% of all traffic fatalities in Texas.
Distracted Driving Accidents
These days, the distractions from personal devices is not limited to just texting. 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. However, this does not make it any less possible for someone to cause an accident by texting while driving. A person can be charged for a Class A misdemeanor, including jail time of upto a year and a maximum $4,000 penalty.
Out of state laws, each city in the Dallas/Fort Worth metro area has its own ordinances. Some may be more strict than those created by the state.
Distracted driving was the reason for 368 traffic deaths in 2020. Numerous others were likely to have contributed to or been involved in other non-fatal accident.
Texas recorded 1,354 fatalities from single-car accidents in 2020. These are referred to by NHTSA as “ROR” – Run-Off Road Crashes.
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 these types of accidents usually occur without fault, they are not often handled by personal injury law firms.
ROR collisions can also be caused by another driver. In these cases, you will need to take evasive measures to avoid a collision. Texas was home to 51% of all fatalities 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. If an accident occurred between two cars, the insurance company will examine why. Witnesses who witnessed the accident may be able give evidence if the driver fled. It’s more common than ever that more drivers equip their cars with dash cameras.
You should consult an experienced personal injury attorney if your Run-off road accident was caused by negligence.
Intersectional 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. 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.
Like other Texas accident types, a broad-side incident can’t be treated as a straightforward case because of modified contributory negligence law. 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. Experience and competence are crucial in Texas, as a Texas accident attorney will help you.
Common Mistakes in a Traffic Collision
Many times, the parties involved in an accident will not take photos of the scene or have police present. This is a mistake as it prevents photographic evidence from being as dependable and misses the chance for police observation of the vehicles as they were immediately upon settling from the collision.
Another mistake people make is to contact the at-fault insurer and record a statement. Many people believe they’re being cooperative. The insurance company doesn’t look out for them. They’re trying to get information that will help them and their insured. The insured is not required to contact the insurance company.
Sometimes people make the error of not seeking immediate treatment, thinking they are able to handle it. They don’t possess any documentation from a physician to support their claims. As time passes, the likelihood of getting treatment is greater. The insurance company can then claim that you have not been injured if you don’t seek medical attention immediately or if the wait goes on too long. Insurance companies can also use gaps in treatment to defend their clients.
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 an attempt to reduce their payouts, insurance companies might unjustly accuse the injured person of causing a crash. It is possible that the police report was incorrect and victim-blaming could follow. It is possible that you will find yourself in a “he told, she said” dispute with the negligent driver. For your case to be successful, you will need strong evidence and the help 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.
Insurance for personal injury protection
Personal injury protection (PIP) is a type of coverage that is included on many personal auto 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 and your passengers can receive medical costs regardless of whether the case involves the liability of another driver. PIP can also cover lost wages.
That said, the minimum required policy limit for PIP in Texas is only $2,500 – not a whole lot. 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.
The moment an Accident Case is taken 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 that need to be resolved are beyond the parties’ abilities. Perhaps the plaintiffs had difficulty agreeing on the amount of compensation due to their differences.
Witnesses and expert witnesses, responding officers of the law enforcement, and others may be called to testify in front of a jury during a trial. The jury will determine the defendant’s liability. A trial case is more expensive and takes longer than a settlement. However, a jury could award more damages to a plaintiff 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 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. Our attorney will also interview any other drivers in order to learn their stories, gain insight into their testimony at the trial and get an idea of the defense strategy and finances of defendant.
Your attorney will sit with you to defend you against answering questions in a way that may hurt your case while abiding to truthful answers. You may be asked questions by your attorney that will shed light on your case. You don’t need to feel intimidated by this process. 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 Expert Witnesses
Expert witness can provide their opinions to the jury in court cases. Witnesses can use their expertise to help the jurors reach a decision based on the information available.
Expert witnesses in motor vehicle accident cases are most commonly 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.
Expert witnesses can be a valuable asset to a claimant’s case. However, this is not always true. Expert witnesses are rarely called and usually only take part in court cases when the court requires. This is when an experienced motor vehicle business will have the resources to locate the right expert witness.
How long does a court case take for an auto accident?
When determining how long it takes, the trial is not the only factor. There are a lot of things that need to happen before you ever step into the courtroom. The lawsuit will be served on the defendant. The parties then exchange evidence and take deposition witnesses. This entire process can take between one and twelve months depending on how complicated the case is, as well as how many 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. For a free consultation, please call us. We will help you determine your legal options. Ward Maedgen Accident Attorneys have helped many people recover after accidents for many years.
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