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 – Sunnyvale
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. You have the greatest chance for getting justice, whether it is through a settlement or jury award. A vehicle accident lawyer can assist you in determining whether your injuries are eligible for compensation through no-fault insurance. This can cover everything from financial recompense to any losses or injuries you have suffered, missed wages and skyrocketing medical 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 committed to making sure your case proceeds as smoothly 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 a case proceeds to litigation, the legal team at the insurance carrier will step in. These teams of professionals are there to help reduce the amount that insurance carriers have to pay each year. They are, of course, skilled in what they do.
This means that no matter what happens, if you speak with the other driver’s insurance company, you can be sure you’ll be dealing with people whose goal is to minimize claims in any legal way possible. Unarmed and without a lawyer is a terrible idea.
Sometimes clients learn this through hard work. 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. Normally they make huge mistakes that play to the advantage of the company and hurt or destroy their chances of a favorable claim. We often cannot help you once it is too late.
It’s crucial that potential clients never communicate with their insurance companies. Because they want information that can be harmful to clients but benefit the insurance company or defendant, this is a problem. This is particularly true when you consider contributory negligence. Misunderstandings can occur when insurance providers are contacted. 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
Although Texas Department of Transportation does not collect data on the proportion of traffic collisions are rear-end accidents, nationally speaking, we know that they are about 28% or 29%. This type of accident is the most common across the nation and Texas is no different.
Texas is a state with modified comparative fault. This means that rear-end collisions in Texas do not only point to the driver responsible for them. It is crucial to evaluate the contributing factors. Did you have your brake lights on at all? Did you slow down traffic? Was your use of turn signals evident? Then, the finding of fact must be made in these cases: Was the defendant’s vehicle behind you? Because your testimony can be refuted, there must be other evidence to prove the defendant followed too closely.
Rear-end collisions could occur for several 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.
In court, questions will be asked from both sides. For example, what can be said about weather conditions? These conditions contributed to the collision. Is speeding an issue? It’s possible to argue whether or not your taillights worked. 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 see, rear-ending a claimant is not a guarantee of a win. A skilled attorney in auto accidents is invaluable for helping you navigate these issues.
Head-on crashes are less common than rear-end accidents but are statistically more dangerous. According to the Texas Department of Transportation, 538 people died in head-on collision accidents in 2020. These accidents constituted almost 14% of the traffic fatalities for the year in Texas.
Distracted Driving Accidents
Today, texting is no longer the only distraction from personal devices. Texting while driving is illegal in Texas, but it is still allowed to use a handheld phone for other purposes such as GPS or music. It does not necessarily mean that someone who causes an accident because of distracted driving is exempted from liability if they are doing something other than 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.
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 was responsible for 368 fatal traffic accidents in 2020, regardless of the laws. 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. The NHTSA refers to these as “ROR” or Run-Off-Road crashes.
ROR crashes almost always involve one party. Personal injury lawyers aren’t as familiar with these cases because the majority of ROR crashes occur because of the fault of one person.
ROR collisions can also be caused by another driver. In these cases, you will need to take evasive measures to avoid a collision. Texas saw 51% of fatal accidents in rural areas during 2020. 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. In other cases, a driver may be attempting to pass unsafely.
You’ll need to prove the other driver was responsible for you being run off the road. A car accident claim that was not in direct contact with another vehicle will be reviewed by an insurance company. They will look into the circumstances and determine if there were any other factors. If the other driver fled the scene, perhaps eye-witnesses can lend testimony. More and more drivers are also equipping their cars with dash cams.
You should consult an experienced personal injury attorney if your Run-off road accident was caused by negligence.
Intersection and Side Impact Collision
As with head-on collisions, side and intersection crashes contribute significantly to fatalities and serious injuries in Texas. In 2020, 865 deaths were related to intersection accidents.
Side collisions often result in serious injury. This happens because the vehicle’s side is more vulnerable to being struck than it is the 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.
A broad-side accident, like other types of Texas accidents, can’t automatically be considered a case due to Texas’ modified contributory negligence laws. There’s a chance that the negligence of another driver may not be sufficient for their car policy to pay. It is crucial to have a Texas accident lawyer on your side.
Common Mistakes Following 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 a mistake, as it stops photographic evidence from being as reliable as possible and prevents police from being present on the scene to observe the vehicles.
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. The insurance company isn’t looking out for them. They want to help their insured. There is no obligation for the insured to speak to the insurance company.
Sometimes people make the error of not seeking immediate treatment, thinking they are able to handle it. They don’t possess any documentation from a physician to support their claims. As time goes by, it becomes more difficult to get 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 carrier may also use a gap between treatment 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.
Fighting the Insurance Companies
In order to decrease their payouts, insurance companies may wrongly accuse injured persons of causing a wreck. It is possible that the police report was incorrect and victim-blaming could 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 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), which is a type if coverage that is included with many personal auto policies, is an option. PIP is optional for some drivers.
This type of personal auto insurance protection covers medical expenses following an accident. It is also a form “no fault” coverage. This means you can cover your medical expenses for yourself and your passengers, regardless of what happens in the case. 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. If so, this will come in handy to cover shorter term medical expenses while the case is progressing.
An Accident Case goes to Court
Most insurance claims settle before a lawsuit is filed.
However, not all automobile 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.
In a trial witnesses and expert witness may be called. Responding officers from the law enforcement agency and others could also be called. The jury will decide on the defendant’s extent of 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 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 you will be sward in, both side’s attorneys will be present along with a court reporter. 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 be there to help you avoid answering questions that could hurt your case. Your attorney might also ask questions that are favorable to your case. The process doesn’t have to intimidate you. You won’t feel intimidated by the Texas deposition rules. Your accident lawyer will also ensure this.
Expert Witnesses in Texas Motor Vehicle Trial Cases
An expert witness is a person who can testify before a jury in a court case. Expert witnesses can offer their expert opinion to assist the hearings in drawing a conclusion, based upon the available information.
Most often, experts in motor vehicle accidents are medical professionals. These medical experts, as well as other doctors, can provide an opinion about the chances of recovery for injured parties, their treatment requirements, and prognosis.
Expert witnesses can be a valuable asset to a claimant’s case. However, this is not always true. 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.
How long does it take to get a court case for an auto crash?
When determining how long it takes, the trial is not the only factor. 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. Then there is a period where each party exchanges evidence and depose witnesses. This process can take upto a year depending upon the complexity of each case and how many people are involved.
This overview of Texas motor vehicle accident cases shows that it is not a good idea to do everything yourself. To learn more about your legal options, call us for a free consultation. Ward Maedgen Accident Attorneys have helped many to recover after crashes for years.
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