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 – Rawlins
Why You Should Work With an Experienced Auto Accident Attorney
Every component of the incident will be examined by our legal team as they develop the strongest possible claim. This is your best hope of receiving compensation in the form of a settlement or a jury verdict. An experienced vehicle accident lawyer will help you determine if your injuries are covered by no-fault insurance. 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.
The claims adjusters or managers of insurance companies use tactics and methods in order to limit the payouts, or even deny it entirely. 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. 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 discover this the hard and fast way. For example, we have seen clients come to us after recording a statement. They are trying to work with their insurance company. They typically make costly mistakes that are in their favor, which can reduce or even destroy their chances at a favorable claim. By this time, it is often too late for us to help.
It’s crucial that potential clients never communicate with their insurance companies. This is because they seek information that might be harmful to their client but which may prove to be beneficial to both the defendants and the insurance company. This is particularly true when you consider contributory negligence. There are many misunderstandings that can result from interacting with insurance providers. 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 – 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 that rear-end accidents in Texas are not solely attributed to the person who caused them. You should evaluate mitigating factors. Did your brake lights turn on? Did you bring traffic to a halt? 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 collisions may occur for a couple of reasons. It can sometimes be caused by circumstances or circumstances that are not known. 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.
In court, the questions will come from both sides of the aisle. For example, what about weather conditions? They contributed to the collision? How about speeding? It’s possible to argue whether or not your taillights 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, a rear-end does not guarantee a win for the claimant. 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. The Texas Department of Transportation recorded 538 fatalities from head-on collisions 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. While Texas has outlawed texting while driving since 2017, it is still permissible to use a handheld device for other things such as using GPS or 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.
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 was the reason for 368 traffic deaths in 2020. Hundreds more were likely involved in or contributed to non-fatal accidents.
In 2020 there were 1,354 deaths recorded in Texas as being caused by single car accidents. The NHTSA refers to these as “ROR” or Run-Off-Road crashes.
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. Personal injury lawyers aren’t as familiar with these cases because the majority of ROR crashes occur because of the fault of one person.
Some ROR accidents are caused by another driver, requiring you to take evasive actions to avoid a collision. Texas was home to 51% of all fatalities in 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. Eyewitnesses might be able to give testimony if another driver fled the scene. More and more drivers are also equipping their cars with dash cams.
To prove that your Run-off-road accident occurred due to negligence of another driver, you will need to consult a personal injury attorney.
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. In 2020, there were 865 fatalities that could be attributed to intersection accidents or related to intersections accidents.
Side impacts can cause serious injury. This is due to less protection on the sides of cars than the front and rear. These injuries are reduced by modern car side impact airbags and curtains. However, the Texas fatality statistics above show that this type of accident can still be deadly.
Like other Texas accident types, a broad-side incident can’t be treated as a straightforward case because of modified contributory negligence law. 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 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 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 are trying to find information that will benefit their insured. The insured is not required to contact the insurance company.
People sometimes make the wrong decision to not seek immediate treatment. They believe they can handle the situation. They don’t have any documentation from a medical professional to support their claims. There is more time between getting treated and not getting it. If you do not seek immediate medical attention or wait too long, your insurance company could claim that you were not injured. A gap in treatment can be used by an insurance company as a defense.
People can make common errors by not speaking to the at-fault company, making a statement, trying their best to resolve the claim, accepting an earlier settlement without knowing the outcome and not seeking treatment immediately.
Fight the Insurance Companies
In order to decrease their payouts, insurance companies may wrongly accuse injured persons of causing a wreck. The police report may be incorrect, and victim-blaming might follow. It is possible that you will find yourself in a “he told, she said” dispute with the negligent driver. You will need to have strong evidence and professional assistance in order to win your case.
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.
Personal Injury Insurance
Personal injury protection (PIP), is a type coverage that is included in many personal auto policies. PIP can be omitted in certain cases, such as Medicare, but for most drivers it is mandatory.
This personal auto insurance protection provides coverage for medical expenses incurred after an accident. It’s a type of “no-fault.” This means that you can get some medical costs for yourself and passengers regardless of the outcome of your case involving the liability of the other driver. PIP also covers lost wages.
However, Texas’ minimum policy limit for Personal Injury Protection (PPI) is $2,500. Not a lot. There’s a chance you could have chosen for a higher amount if you had an experienced agent who reviewed the coverages with your. This will help you cover your short term medical expenses while the case is advancing.
When an Accident Case Goes to Court
The majority of insurance claim claims are settled before a lawsuit is filed.
However, not all vehicle accidents can be settled. Perhaps the issues to be resolved are beyond both parties’ capabilities. 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 decide the extent (or non-extent) of liability held by the defendant. Even though a trial case can take longer and cost more than a settlement, a jury may be able to award plaintiffs more than any settlement. Sometimes, your attorney may be able even to argue for punitive damage. This is something you would not get in a settlement.
Discovery & Deposition
After you file a lawsuit, the defense side will want to hold a deposition. This is a formal conversation where you will be sworn in. Each side’s lawyers will be present, as will a court reporter. Both sides will ask you questions regarding the accident, who is at fault, your injuries, or 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 accompany you and help you refrain from answering questions that could damage your case. You might be asked questions that help to shed light on your case by your attorney. 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 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 professionals can give opinions about the likelihood of recovery, need to treat, and prognosis of an injury victim.
While expert witnesses can make a claimant stronger, it is not always possible. Expert witnesses aren’t always called. They typically participate only when requested by the court. This is when an experienced motor vehicle business will have the resources to locate the right expert witness.
What is the average court case time for an auto accident?
The trial itself is actually not the only consideration when answering how long the process takes. There are many things that have to occur before you can ever enter the courtroom. The defendant will have to be served with the lawsuit. Each party will then have to 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 can see from the overview, it is not recommended to try and handle all motor vehicle accident cases alone. Call us today for a free consultation and to discuss your legal options. Ward Maedgen Accident Attorneys has helped many people to recover from accidents over the years.
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