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 – Pilot Point
Why an Auto Accident Attorney is an Expert in Your Area
As they build the strongest claim possible, our legal team will review every component of the incident. 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. This can include anything from financial recompense for any losses or hurt you have incurred, missed wages, and skyrocketing expenses. To learn more about your possible choices, contact our Dallas based law offices immediately for a free initial case consultation. Ward Maedgen Accident Attorneys is dedicated to making sure that your case goes as well as possible.
Claim adjusters and managers can use tactics and other methods to minimize the payout or get it denied. If a case goes to trial, then the legal department of the insurance carrier is called in. This is because these professional teams are designed to lower the annual insurance carrier’s payouts. They do a great job.
This means that you are guaranteed to work with people who have the same goal as you: to reduce your claims and to keep the law in line. 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. Normally they make huge mistakes that play to the advantage of the company and hurt or destroy their chances of a favorable claim. It is usually too late for us.
It’s crucial that potential clients never communicate with their 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: 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 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. You should evaluate mitigating factors. Were your brake lights on? Are you able to stop traffic flow completely? Did you use turn signals? 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 crashes can happen for a variety of reasons. Sometimes it’s not apparent circumstances or conditions that cause them. 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, both sides of an aisle will ask questions. What can you say about weather conditions, for example? Can they be blamed for this collision? Was speeding a factor? You might also argue about whether your tail lights worked. Then there is the issue of contributory negligence. You might be argued that you contributed to the accident if you did not lane brake ahead of traffic.
As you can see, a rear-end does not guarantee a win for the claimant. This is where an experienced auto accident attorney can help you.
Although they are statistically safer than rear-end collisions, head-on crashes are more common than rear-end ones. 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
Today, texting is no longer the only distraction from personal devices. Texas has made texting while you drive illegal since 2017. However, it is still legal for a handheld device to be used for other purposes like GPS and playing music. However, this does not make it any less possible for someone to cause an accident by texting while driving. 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.
Distracted driving caused 368 traffic accident deaths in 2020. Numerous others were likely to have contributed to or been involved in other non-fatal accident.
Texas saw 1,354 car-related deaths in 2020. These are called “ROR”, or Run-Off Road Crash 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 not usually handled by personal injury attorneys because they involve only one party.
ROR accidents can happen when another driver is driving, and you have to take evasive maneuvers to avoid being in a collision. Texas’ 2020 fatalities were 51% in “rural” areas. These areas are often surrounded by two-lane highways and have the potential for drivers drifting into another lane. Another reason a driver might be trying to pass dangerously is that he or she may not know how to do so.
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. Eye-witnesses may be able to testify if the other driver fled. Many drivers now have dash cams in their vehicles.
You should consult an experienced personal injury attorney if your Run-off road accident was caused by negligence.
Intersectional and Side Impact Collision
Side impact and intersection collisions are major contributors to serious injury and death in Texas, just like head-on collision cases. In 2020, 865 deaths were related to intersection accidents.
One reason why side impact collisions tend to involve serious injury is because there is less barrier to impact on the side of the car as compared to the rear or 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. It is possible that, even if the driver was negligent in an accident, their negligence might not be enough to get their car insurance paid out. A Texas accident attorney can help you if you lack the experience and expertise.
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.
People make another common error when they contact their at-fault insurance company and give a recorded statement. 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.
People also sometimes make the mistake of waiting to seek treatment until they feel they can manage it. They don’t have any documentation from a medical professional to support their claims. As time passes, there is a delay in getting treatment. If you delay in seeking medical attention, or if you wait too long to seek it, insurance companies can claim that you are not injured. An insurance company can also use a delay in treatment as a defense.
Talking to the at-fault insurance company, recording a statement, trying to resolve their claim themselves, accepting an earlier settlement before they know the outcome, not getting treatment immediately are all common mistakes people can make.
Stopping 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 may find yourself in a dispute with the negligent motorist. For your case to be successful, you will need strong evidence and the help 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) is a type of coverage that is included on many personal auto policies. PIP can be omitted in certain cases, such as Medicare, but for most drivers it is mandatory.
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 cover lost wages.
That said, the minimum required policy limit for PIP in Texas is only $2,500 – not a whole lot. 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 allow you to pay for short-term medical expenses while the case progresses.
When an Accident Case Goes to Court
A majority of insurance claim cases are settled before a lawsuit can be filed.
However, not all vehicle accidents can be settled. Perhaps the issues that need to be resolved are beyond the parties’ abilities. 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, expert witnesses and witnesses may be called. Responding law enforcement officers can also be called and could testify before a jury. The jury will decide whether the defendant is responsible for the full extent of their 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 lawsuit, the defense side will want to hold 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 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 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. 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.
Expert Witnesses in Texas Motor Vehicle Trial Cases
Expert witness can provide their opinions to the jury in court cases. A witness’s expertise can be used to help the jury draw a conclusion from the available information.
Expert witnesses in motor vehicle accident cases are most commonly medical experts. These medical experts and doctors can give an opinion on the likelihood of recovery, treatment needs, or prognosis for an injured party.
While expert witnesses can make a claimant stronger, it is not always possible. Further, expert witnesses are not always called and typically only participate in a case when 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?
It is not the only thing that will determine how long the process takes. There are a lot of things that need to happen before you ever step into the courtroom. The defendant will have to be served with the lawsuit. 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.
As you can see, it’s not wise to go it alone in Texas. For a free consultation, please call us. We will help you determine your legal options. Ward Maedgen Accident Attorneys have been helping many people recover from crashes over many years.
- 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