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 – Seagoville
Why you should work with an experienced auto accident attorney
Our legal team will examine every aspect of the incident to determine the strongest possible claim. This commitment and attention are the best way to get compensation, in settlement or at trial. A vehicle accident lawyer can help you determine if you are entitled to compensation through no fault insurance. This includes financial recompense for any injuries or losses you sustained, missed wages, and other skyrocketing costs. 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. The legal team of the insurance company can also intervene if a case is brought to court. The basic truth is that these teams of professional’s entire jobs are in place to reduce what the insurance carrier has to pay out every year. They are, of course, skilled in what they do.
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. This is usually a bad idea.
Sometimes clients learn this through hard work. For instance, people have come to us after having given a recorded declaration. They want to be able to work with insurance companies. They often make mistakes that benefit the company and can hurt or ruin their chances of winning a favorable claim. It’s often too late by this point to assist.
It’s critical that our potential clients don’t communicate 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 in light of contributory negligence. There are many misunderstandings that can result from interacting with insurance providers. They aren’t trying to protect you. Instead, they are playing a game in which they try to get out from paying you the amount of your claim.
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 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. Were your brake lights on? Did you slow down traffic? Did you use turn signals? In these cases, there must be a finding that the defendant was behind you. Since your testimony is susceptible to being refuted, other evidence must be presented to support the claim that defendant followed you too closely.
Rear-end collisions could occur for several reasons. It can sometimes be caused by circumstances or circumstances that are not known. You might be able to see an object on the roadway that caused the defendant’s vehicle suddenly to stop. In some cases, the defendant may have been following you too closely, and ran up on your bumper before hitting you.
The courtroom will have questions from both sides. Weather conditions are one example. They contributed to the collision? What about speeding? The question of whether your tail light worked could be up for debate. Then there is the issue of contributory negligence. Some might argue that you contributed to the collision if you didn’t stop for traffic ahead.
Rear-ending is not an automatic win for a claimant, as you can see. 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. The Texas Department of Transportation recorded 538 fatalities from head-on collisions in 2020. These accidents made up almost 14% the total traffic fatalities in Texas for the year.
Distracted Driving Accidents
Distractions from personal devices are not limited to 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. 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 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 the reason for 368 traffic deaths in 2020. Hundreds more could have been involved or contributed in non-fatal traffic accidents.
In 2020 there were 1,354 deaths recorded in Texas as being caused by single car accidents. These are known by the NHTSA as “ROR” or Run Off-Road Crash.
ROR crashes almost always involve one party. These cases are not usually handled by personal injury attorneys because they involve only one party.
Some ROR accidents are caused by another driver, requiring you to take evasive actions to avoid a collision. Texas had 51% fatal accidents in 2020. These areas commonly have two lane highways with opposing traffic and the potential for drivers to drift into an oncoming lane. Drivers may also attempt to pass unsafely.
You will need to prove that another driver ran you off the road, such as someone who was under the influence of drugs or alcohol, or someone who fell asleep while driving. If an accident occurred between two cars, the insurance company will examine why. Perhaps eye-witnesses or witnesses can give testimony if the other driver fled from 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.
Intersection 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 are more likely to result in serious injuries than those that occur at the front or rear. This type of accident is very dangerous in Texas, despite the fact that modern cars come with side impact airbags, impact pillars, and curtains.
A broad-side accident, like other types of Texas accidents, can’t automatically be considered a case due to Texas’ modified contributory negligence laws. Even if the negligent driver caused the accident, it is possible that their negligence will not be sufficient to make their car insurance pay. A Texas accident attorney can help you if you lack the experience and expertise.
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 a mistake. It makes it difficult to get reliable photographic evidence and also leaves little opportunity for police observation of the vehicles once they are settled.
Another mistake people make is to contact the at-fault insurer and record a 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 can also make the mistake of not seeking treatment immediately, believing they can handle it. They don’t have medical documentation to support their claims. As time passes, the likelihood of getting treatment is greater. 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.
Stopping Insurance Companies
Insurance companies could falsely accuse a wounded person of causing an accident in order to reduce payouts. It’s possible that the police report is incorrect. Victim-blaming can follow. You may find yourself in a dispute with the negligent motorist. You’ll need convincing evidence and the support of a professional to win your case.
We thoroughly examine the circumstances surrounding our clients’ claims, reading police reports, gathering testimonies, preserving electronic data from automobiles and surveillance videos, and consulting with 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 sometimes be turned off, such as if your Medicare is not available, but it is required for most drivers.
This form of personal auto coverage is designed to pay for any medical bills incurred in an accident. 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 may also be used to pay lost wages.
It should be noted that the Texas minimum policy limit to cover PIP is $2,500. 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 allow you to pay for short-term medical expenses while the case progresses.
The moment an Accident Case is taken to Court
Most insurance claims can be settled without the need to file a suit.
But not all car accidents can be resolved. 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.
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 how much (or not) liability the defendant is liable. A trial case is much more costly than one that is settled outside of court. However, a jury can award a plaintiff more than any settlement. Sometimes your attorney may even be able to argue that you be awarded punitive damages which is something that would not be offered in a settlement.
After you file your lawsuit, the defense will request that you take 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 questions to learn more about the accident, who caused it, your injuries and damages. To learn more about other drivers, the attorney will ask them questions.
Your attorney will be there to help you avoid answering questions that could hurt your case. 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.
Expert Witnesses in Texas Motor Vehicle Trial Cases
An expert witness can present their opinion to a jury in a court matter. Expert witnesses can offer their expert opinion to assist the hearings in drawing a conclusion, based upon the available information.
In motor vehicle accidents, medical experts are the most common expert witness. These doctors or other medical professionals can give opinions about the likelihood of recovery, need to treat, and prognosis of an injury victim.
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. When this happens, an experienced motor vehicle firm will have resources to draw upon for finding the right expert witness.
What is the average court case time for an auto accident?
When determining how long it takes, the trial is not the only factor. 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. Next, the parties will exchange evidence and depose witnesses. This whole process can take as much as a year depending on how complex the case is and how many parties are 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 has helped many people to recover from accidents over the years.
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