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 – Parvin
Why you should work with an experienced auto accident attorney
Our legal team will evaluate every part of the incident and develop the strongest possible case. This is your best hope of receiving compensation in the form of a settlement or a jury verdict. A lawyer for vehicle accident victims can help determine if you are eligible to receive compensation under no-fault coverage. These can range from financial recompense of any losses or hurts you have sustained, missed wage, and skyrocketing expense. For a free consultation, call our Dallas-based law offices. Ward Maedgen Accident Attorneys will ensure that your case is as smooth as possible.
Claims adjusters and managers employ tactics and methods to reduce the payout, or get it denied altogether, when an insurance claim is filed. 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, of course, skilled in 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. Unarmed and without a lawyer is a terrible idea.
Sometimes clients learn this through hard work. For example, we have seen clients come to us after recording a statement. They are trying to work with their insurance company. They make big mistakes that can be used to their advantage and reduce or eliminate their chances of winning a claim. By this time, it is often too late for us to help.
It is important that potential clients do away with 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 for contributory negligence. There are many misunderstandings that can result from interacting with insurance providers. 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: Texas Traffic Collision
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 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. Did your brake lights turn on? Did you come to a complete stop in the flow of traffic? Was your use of turn signals evident? In these cases, there must be a finding that the defendant was behind you. Because your testimony can be refuted, there must be other evidence to prove the defendant followed too closely.
Rear-end accidents can happen for many reasons. Sometimes it’s not apparent circumstances or conditions that cause them. An object on the road might have caused the defendant suddenly to stop and cause his/her car to crash into your vehicle. Sometimes, a defendant might have been following too closely and ran into your bumper before smashing into you.
The courtroom will have questions from both sides. What can you say about weather conditions, for example? They contributed to the collision? Is speeding an issue? The question of whether your tail light worked could be up for debate. Finally, there’s the question of contributory negligence. Some might argue that you contributed to the collision if you didn’t stop for traffic ahead.
As you see, rear-ending a claimant is not a guarantee of a win. These issues can be complicated and a skilled auto accident lawyer is your best friend.
Although head-on collisions are statistically less common than rear end accidents, they are statistically more deadly. In 2020 the Texas Department of Transportation reported 538 deaths from head-on collision accidents. 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. Although texting while driving has been banned in Texas since 2017, it is still legal to use handheld devices for other purposes, such as GPS and music. Distracted driving can still be a cause of an accident. However, it does not mean that a driver who causes an accident through distracted driving is excused just because they were texting. A person can be charged for a Class A misdemeanor, including jail time of upto a year and a maximum $4,000 penalty.
In addition to state laws, individual cities in the Dallas / Fort Worth area have created ordinances to varying degrees, some more strict than the state laws.
Distracted driving caused 368 traffic accident deaths in 2020. Hundreds more were likely involved in or contributed to non-fatal accidents.
Texas had 1,354 single car accident-related deaths in 2020. The NHTSA refers to these as “ROR” or Run-Off-Road crashes.
ROR crashes almost always involve one party. Because these types of accidents usually occur without fault, they are not often handled by personal injury law firms.
ROR crashes can be caused by an accident involving another driver. You will have to take evasive steps to avoid collisions. In Texas during 2020, 51% of the fatal accidents occurred in what were called “rural” areas. These areas have often two-lane highways that are shared with opposing traffic. This makes it easy for drivers to drift into the oncoming lanes. Other times, drivers may try to pass unintentionally.
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. 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.
Intersectional 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 can result in serious injury. There is less impact protection on the side than there is on the front. While side impact airbags can be used to prevent injuries from occurring, such as curtains and impact pillars on modern cars, these types of accidents are still a serious danger in Texas.
Because Texas has modified contributory neglect laws, even a broad side accident cannot be automatically considered a case. It’s possible that even though the other driver was negligent, there may not have been enough negligence to allow their car insurance policy to pay. An accident attorney in Texas is a great resource for you.
Common Mistakes in a Traffic Collision
Parties to an accident often move the vehicles involved in the collision without taking photos or having police on 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 error is when people contact their at fault insurer and make a recorded declaration. Many people believe they’re being cooperative. They aren’t being looked out for by their insurance company. They want to help their insured. The insured is not required to contact the insurance company.
People make the common mistake of not seeking treatment immediately and believing that they can handle it. They don’t have medical documentation to support their claims. As the time passes, so does the delay in receiving 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 company can also use a delay in treatment as a defense.
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.
Combating Insurance Companies
In an attempt to reduce their payouts, insurance companies might unjustly accuse the injured person of causing a crash. The police report might be wrong, and victim-blaming may 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 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 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 type of personal auto insurance protection covers medical expenses following an accident. It is also a form “no fault” coverage. This means that regardless of the outcome of the case involving the other driver’s liability, you can still get medical care for yourself and your passengers. PIP can also provide coverage for lost wages.
The Texas minimum policy limit for PIP is $2,500. This is not much. It’s possible that you would have selected a higher sum if you had a competent agent who explained the coverages to you. 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
The majority of insurance claim claims are settled before a lawsuit is filed.
However, not every vehicle accident can be fixed. Perhaps the parties are unable to resolve the issues. Perhaps the plaintiffs had difficulty agreeing on the amount of compensation due to their differences.
Expert witnesses, witnesses, responding law enforcement officers and other witnesses can be called in a trial. 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 lawyer may be able argue for punitive damages. This is something that cannot be offered in a settlement.
After you file a suit, the defense side will ask for a deposition. This is a formal conversation, in which both the plaintiff and defense side will participate. A court reporter will also be present. Both sides will ask you questions regarding the accident, who is at fault, your injuries, or damages. To learn more about other drivers, the attorney will ask them questions.
Your attorney will assist you in answering any questions you may have. Your attorney may ask you questions that can help your case. The process is not intimidating, but you don’t have the right to feel afraid. Texas’s deposition rules mean you won’t be intimidated, and your accident attorney will ensure that this happens.
Texas Motor Vehicle Trial Cases
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.
Medical experts are the most common expert witness in motor vehicle accident cases. These doctors and other medical experts can offer an opinion about the probability of recovery, treatment needed, or prognosis of an injured party.
Although expert witnesses can help to strengthen a claimant’s case, this is not always the case. 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.
How long does a court case take for an auto accident?
The trial itself is actually not the only consideration when answering how long the process takes. There are a lot of things that need to happen before you ever step into the courtroom. The lawsuit must be served on the defendant. Next, the parties will exchange evidence and depose 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. To learn more about your legal options, call us for a free consultation. Ward Maedgen Accident attorneys have helped many recover from car crashes over the years.
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