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 – Northlake
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. 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 could include financial recompense, lost wages, or other high-spending expenses. 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 a case goes to trial, then the legal department of the insurance carrier is called in. These teams of professionals are there to help reduce the amount that insurance carriers have to pay each year. 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. Unarmed and without a lawyer is a terrible idea.
Sometimes, clients have to learn this hard way. For example, we have seen clients come to us after recording a statement. They are trying to work with their insurance company. They often make mistakes that benefit the company and can hurt or ruin their chances of winning a favorable claim. It is usually too late to assist them.
It’s critical that our potential clients don’t 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 in the light of contributory neglect. It is possible to have misunderstandings when you speak with insurance companies. 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 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 most likely the most common in the country and Texas is no exception.
Texas is a “modified relative fault state” meaning that rear-end crashes do not just point the finger at the driver. It is crucial to evaluate the contributing factors. Did your brake lights turn on? Are you able to stop traffic flow completely? Are you using turn signals or a lane change? 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 collisions could occur for several reasons. It can sometimes be caused by circumstances or circumstances that are not known. An object on the road might have caused the defendant suddenly to stop and cause his/her car to crash into your vehicle. 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. How can we talk about the weather? What contributed to this collision? Speeding is another possibility. You might also argue about whether your tail lights worked. Then there is the issue of contributory negligence. If you did not brake for traffic ahead of you then some might argue that you contributed to the collision.
As you can see, being rear-ended is not an automatic win for claimant. An experienced auto accident attorney is invaluable in navigating these issues.
Although they are statistically safer than rear-end collisions, head-on crashes are more common than rear-end ones. Head-on collisions caused 538 deaths by 2020, according to the Texas Department of Transportation. These accidents accounted for almost 14% total traffic fatalities during the year in Texas.
Distracted Driving Accidents
The distractions caused by personal devices aren’t limited to texting. Texting while driving is illegal in Texas, but it is still allowed to use a handheld phone for other purposes such as GPS or 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. 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 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. Many more people were involved in or contributed towards non-fatal accidents.
Texas had 1,354 single car accident-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. Because these types of accidents usually occur without fault, they are not often handled by personal injury law firms.
ROR accidents can happen when another driver is driving, and you have to take evasive maneuvers to avoid being in a collision. Texas saw 51% of fatal accidents in rural areas during 2020. These areas are often surrounded by two-lane highways and have the potential for drivers drifting into another 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 you allege that the accident was caused or contributed to by another driver, an insurance company will review your claim. Perhaps eye-witnesses or witnesses can give testimony if the other driver fled from the scene. It’s more common than ever that more drivers equip their cars with dash cameras.
If your Run-off-road accident was due to another driver’s negligence, you’ll want to work with a good personal injury attorney to build a case properly.
Side Impact Collision and Intersection Collision
Like head-on collision cases, intersection and side impact crashes are a major contributor to serious injury and fatalities in Texas. The state recorded 865 fatalities in 2020 that were attributed to intersection or related to intersections accidents.
Side collisions often result in serious injury. This happens because the vehicle’s side is more vulnerable to being struck than it is 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.
As with other accident types in Texas, due to modified contributory negligence laws, even a broad-side accident can’t be automatically considered a clear cut case. Even if the negligent driver caused the accident, it is possible that their negligence will not be sufficient to make their car insurance pay. It is crucial to have a Texas accident lawyer on your side.
Common Mistakes After a Traffic collision
Many times, the parties involved in an accident will not take photos of the scene or have police present. 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. People mistakenly believe that they are being cooperative. They are not being looked after by the insurance company. They want to help their insured. There is no obligation on the insured to speak with 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 medical documentation to support their claims. There is more time between getting treated and not getting it. 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. 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 falsely accuse the victim of causing a collision to lower their 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 carefully examine the circumstances surrounding clients’ claims by reading police reports and gathering testimony.
Personal Injury Protection Insurance
Personal injury protection (PIP), which is a type if coverage that is included with many personal auto policies, is an option. 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 insurance protection is in place to cover medical expenses after an accident and it is a form of “no-fault” coverage. 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.
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.
When an Accident Case Is Submitted to the Court
Most insurance claim settlements are completed before a lawsuit is filed.
However, not all vehicle accidents can be settled. Some issues may be beyond the ability of the parties. Maybe the defendants and plaintiffs couldn’t agree on the amount of compensation to be paid because they couldn’t settle 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 decide whether the defendant is responsible for the full extent of their 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 lawyer may be able argue for punitive damages. This is something that cannot be offered in a settlement.
A deposition is required by the defense side after you file a lawsuit. 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. 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 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 accompany you and help you refrain from answering questions that could damage your case. Your attorney may also ask you questions that shed a favorable light on your case. However, the process does not have to make you feel uncomfortable. 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. Using their expertise, the witness can help those hearing the case draw a conclusion based on available information.
Most often, experts in motor vehicle accidents are medical professionals. 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. If this occurs, an experienced motor car firm will have the resources necessary to find the right expert witnesses.
How long does it take to get a court case for an auto crash?
In answering the question of how long the process will take, it is not just about the trial. Before you can step foot in the courtroom, there are many things that must happen. The lawsuit will need to be served on defendant. Then there is a period where each party exchanges evidence and depose witnesses. The entire process can take anywhere from a few months to one year depending on how complex and involved the case.
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 have helped many recover from car crashes over the years.
76226, 76247, 76262
- 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