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 – Stony
Why You Should Work With an Experienced Auto Accident Attorney
As they build the strongest claim possible, our legal team will review every component of the incident. This commitment and attention are the best way to get compensation, in settlement or at trial. An experienced vehicle accident lawyer will help you determine if your injuries are covered by no-fault insurance. This can cover everything from financial recompense to any losses or injuries you have suffered, missed wages and skyrocketing medical expenses. Our Dallas-based lawyers are available to help you learn more and provide a free consultation. Ward Maedgen Accident Attorneys will ensure that your case is as smooth 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. The legal team of the insurance company can also intervene if a case is brought to court. These professional teams have one goal: to lower the insurance carrier’s annual costs. They do a great job.
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. This is usually a bad idea.
Sometimes clients discover this the hard and fast way. We’ve seen clients come to our office after they have recorded a statement. This is because they are now trying to work with the insurer. They often make mistakes that benefit the company and can hurt or ruin their chances of winning a favorable claim. By this time, it is often too late for us to help.
It is crucial that potential clients do not communicate with 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 especially true when it comes to contributory negligence. It is possible to have misunderstandings when you speak with insurance companies. 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
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 is most likely to be the most prevalent in the nation, and Texas is no exempt.
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. You should evaluate mitigating factors. Did you have your brake lights on at all? Did you slow down traffic? Did you use turn signals? In these cases, there must be a finding that the defendant was behind you. Although your testimony could be disproven, you must provide additional evidence to prove that the defendant actually followed you.
Rear-end accidents can happen for many 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. In some cases, the defendant may have been following you too closely, and ran up on your bumper before hitting you.
Both sides will be asked questions in court. For example, what can be said about weather conditions? These conditions contributed to the collision. What about speeding? There might even be an argument about whether or not your tail lights were working. There is also the question of contributory neglect. Some might argue that you contributed to the collision if you didn’t stop for traffic ahead.
As you can see, being rear-ended is not an automatic win for claimant. These issues can be complicated and a skilled auto accident lawyer is your best friend.
Head-on crashes are less common than rear-end accidents but are statistically more dangerous. 538 deaths were reported by the Texas Department of Transportation in 2020 from head-on collisions. These fatalities accounted for almost 14% in Texas’s traffic deaths.
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. 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. A Class A misdemeanor can result in a sentence of up to one year in jail and as much as $4,000 in fines.
Out of state laws, each city in the Dallas/Fort Worth metro area has its own ordinances. Some may be more strict than those created by the state.
Distracted driving caused 368 traffic accident deaths in 2020. Hundreds more could have been involved or contributed in non-fatal traffic accidents.
Texas recorded 1,354 fatalities from single-car accidents in 2020. These are known as “ROR” (Run-Off-Road) by the NHTSA.
The majority of ROR crashes involve just one party in an incident with factors such as alcohol use, poor weather, and distracted driving, poor visibility, or other road conditions where loss of control of the vehicle is common. 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 had 51% fatal accidents in 2020. These areas often have two-lane highways, with opposing traffic. Drivers could drift into the oncoming lane. Drivers may also attempt to pass unsafely.
If another driver ran you off of the road, for example someone under the influence of alcohol or drug or someone who fell asleep at work, you will need to provide proof that the other driver caused the accident. An insurance company that reviews a claim involving a car that didn’t come into contact with another will scrutinize how and why if you claim the accident was caused by someone else. Perhaps eye-witnesses or witnesses can give testimony if the other driver fled from the scene. Many drivers now have dash cams in their vehicles.
A personal injury attorney can help you to prove negligence by another driver in a Run off-road accident.
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.
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. Side impact airbags have been proven to reduce the risk of serious injuries. As you can see in the Texas fatality stats above, side impact collisions are a very real threat.
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. Experience and competence are crucial in Texas, as a Texas accident attorney will help you.
Common Mistakes Following a Traffic Collision
Parties to an accident may move vehicles without taking photographs or having officers present at the scene. This is a mistake because it makes photographic evidence less reliable and leaves the possibility for police to observe the vehicles after they have settled from the collision.
Another common mistake is to call the at-fault insurer and make a recorded confession. Many people believe they’re being cooperative. The insurance company doesn’t look out for them. They are trying to find information that will benefit their insured. The insured does not have to speak with insurance companies.
Sometimes people make the error of not seeking immediate treatment, thinking they are able to handle it. They don’t have the documentation required by a doctor to back up their claims. There is more time between getting treated and not getting it. 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. 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.
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. There is a possibility that you could find yourself in a conflict with the negligent driver. A professional can help you gather the evidence necessary 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.
Personal Injury Protection Insurance
Personal injury protection (PIP), a type insurance coverage, is included on many personal automobile policies. PIP can be omitted in certain cases, such as Medicare, but for most drivers it is mandatory.
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 you can pay for your own and your passengers’ medical bills regardless of how the case ends. PIP also covers 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
Most insurance claims settle before a lawsuit is filed.
But not all car accidents can be resolved. Perhaps the issues that need to be resolved are beyond the parties’ abilities. Perhaps the plaintiffs and defendants could not agree on how much compensation should be paid because they couldn’t resolve 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. A trial case is more expensive and takes longer than a settlement. However, a jury could award more damages to a plaintiff than any settlement. Sometimes, your lawyer may be able argue for punitive damages. This is something that cannot be offered in a settlement.
Discovery & Deposition
The defense side will request a deposition after you have filed 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 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 help defend you from answers that are misleading or harmful to your case. Your attorney may ask you questions that can help 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.
Texas Motor Vehicle Trial Cases
Expert witnesses can offer their opinions to jurors in court cases. Witnesses can use their expertise to help the jurors reach a decision based on the information available.
The most common example of an expert witness in a motor vehicle accident case are medical experts. These doctors and other medical experts can offer an opinion about the probability of recovery, treatment needed, or prognosis of an injured party.
While expert witnesses can make a claimant stronger, it is not always possible. Expert witnesses do not usually participate in cases and are only called when necessary. An experienced motor vehicle company will be able to tap into its resources to find the right expert witness when this happens.
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 to be done before you even step foot into the courtroom. The lawsuit must be served on the defendant. Each party will then have to exchange evidence and depose witnesses. The whole process can take up to a year, depending on the complexity of the case and the number of parties involved.
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 has helped many people to recover from accidents over the years.
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