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 – The Colony
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. You have the greatest chance for getting justice, whether it is through a settlement or jury award. A vehicle accident lawyer can help you determine if you are entitled to compensation through no fault insurance. This could include financial recompense, lost wages, or other high-spending expenses. Contact our Dallas law offices for a free initial consultation to learn more about all your options. Ward Maedgen Accident Attorneys will ensure that your case is as smooth as possible.
Managers and claims adjusters use strategies and methods to try and reduce or deny the payout of an insurance claim. If a case proceeds to litigation, the legal team at the insurance carrier will step in. 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. Needless to mention, they excel at 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. It is generally a bad idea to face these professionals unarmed without the assistance of your attorney.
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. 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 to assist them.
It is important that potential clients do away with 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 especially true in light of contributory negligence. There are many misunderstandings that can result from interacting with insurance providers. They don’t look out for you, but they play a game to try and get out of paying what your claim is worth.
Common Case Types
Rear-end Collisions
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 must consider mitigating circumstances. Were your brake lights on? Did you come to a complete stop in the flow of traffic? Are you using turn signals or a lane change? Finally, in these instances, there must be a finding of fact: Was the defendant’s vehicle 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 accidents can happen for many reasons. Sometimes, there are unforeseeable circumstances or conditions that can cause rear-end collisions. For example, an object in the roadway might have caused the defendant to stop suddenly causing his/her vehicle to run into you. Sometimes, the defendant may have been following too closely before running up to your bumper and then ramming into you.
The courtroom will have questions from both sides. How can we talk about the weather? Can they be blamed for this collision? How about speeding? Even if your tail lights are working, there might be a dispute. Last but not least, there’s the matter of contributory negligence. If you didn’t brake in front of the traffic, then you might be considered to have contributed to the collision.
As you can see rear-ending is not an automatic win. It is a great idea to consult an experienced attorney who specializes in auto accident cases.
Head-on Collisions
Although head-on crashes occur less frequently than rear-end accidents, they can be statistically more serious. 538 deaths were reported by the Texas Department of Transportation in 2020 from head-on collisions. These accidents were responsible for nearly 14% of all traffic fatalities in Texas.
Distracted Driving Accidents
These days, the distractions from personal devices is not limited to just 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. 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. However, the law allows for a Class A Misdemeanor to be filed. This can include a one-year sentence and a maximum $4,000 fine.
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 caused 368 traffic accident deaths in 2020. There were many more who could have been involved in non-fatal crashes or contributed to them.
“ROR” crashes
Texas’ single car accident deaths were responsible for 1,354 deaths in 2020. These are known by the NHTSA as “ROR” or Run Off-Road Crash.
ROR crashes most often involve one party. This includes factors like alcohol use, poor weather and distracted driving. 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. In Texas during 2020, 51% of the fatal accidents occurred in what were called “rural” areas. These areas commonly have two lane highways with opposing traffic and the potential for drivers to drift into an oncoming lane. 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. Eye-witnesses may be able to testify if the other driver fled. It’s more common than ever that more drivers equip their cars with dash cameras.
If your Run-off-road accident was due to another driver’s negligence, you’ll want to work with a good personal injury attorney to build a case properly.
Intersectional 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 there were 865 deaths that were directly related to intersections.
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.
A broad-side accident, like other types of Texas accidents, can’t automatically be considered a case due to Texas’ modified contributory negligence laws. 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
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 are not being looked after by the insurance company. They want to help their insured. The insured does not have to speak with insurance companies.
People can also make the mistake of not seeking treatment immediately, believing they can handle it. They don’t have any documentation from a medical professional 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.
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.
Combating Insurance Companies
Insurance companies could falsely accuse a wounded person of causing an accident in order to reduce payouts. The police report may be incorrect, and victim-blaming might follow. The negligent driver might cause you to be in a “he said/she said” situation. 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 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 type of personal auto insurance protection covers medical expenses following an accident. It is also a form “no fault” coverage. This means you can pay for your own and your passengers’ medical bills regardless of how the case ends. PIP can also provide coverage for lost wages.
That said, the minimum required policy limit for PIP in Texas is only $2,500 – not a whole 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 be useful to cover medical expenses for the short term while your case is developing.
A case involving an accident goes to court
A majority of insurance claim cases are settled before a lawsuit can be filed.
But not all car accidents can be resolved. Some issues may be beyond the ability of the parties. 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 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. Although a trial case takes much more time and expense than a claim settled out of court, a jury can potentially award a plaintiff more than any settlement offered. 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 suit, the defense side will ask for 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 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. The process doesn’t have to intimidate you. Texas rules for depositions mean that you won’t be intimidated and your accident attorney will also make sure of this.
Texas Motor Vehicle Trial Cases Expert Witnesses
Expert witness can provide their opinions to the jury in court cases. Using their expertise, the witness can help those hearing the case draw a conclusion based on 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.
Expert witnesses can be a valuable asset to a claimant’s case. However, this is not always true. Expert witnesses are rarely called and usually only take part in court cases when the court requires. 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 many things that have to occur before you can ever enter the courtroom. The lawsuit must be served on the defendant. 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.
This overview of Texas motor vehicle accident cases shows that it is not a good idea to do everything yourself. Call us to setup a free consultation to find out what your legal options are. Ward Maedgen Accident Attorneys have helped many people recover after accidents for many years.
75034, 75056
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Photo Courtesy of: Pfister Family Law
Pfister Family Law
Address: 5300 Town and Country Blvd Suite 110, Frisco, TX 75034, USA
Main Phone: (972) 370-5172
Visit the Pfister Family Law Website
View Pfister Family Law on Google
Latitude: 33.0908696
Longitude: -96.8424073
Did you know that Pfister Family Law rates 4.5/5 based on 18 total ratings?
Reviews for Pfister Family Law
Sandy Ho
5/5
a month ago
I spoke to half of dozen of attorneys and hired two before I found John. My biggest regret was that I didn’t find John soon enough before I paid for the previous two attorneys wasting $6,000+ without getting anything done.
John is well knowledgeable and highly qualified for what he is hired for.
John saved my time and money, I am grateful he was my attorney in helping me getting out a relationship for 18+ years of misery.
Alexa Hart
5/5
11 months ago
John is a bulldog! If you’re looking for just a “yes man,” then he is not right for you. If you’re looking for someone to shoot you straight with the utmost integrity that you can trust with one of the most difficult times of your lives, then he’s worth your time and money. You get what you pay for, and in my opinion, he doesn’t charge enough for his services, especially compared to other quacks in their industry. He is my forever family attorney!
KM PB
5/5
a year ago
After consulting with very “high end” attorneys, I was referred to John. I went to the consultation and was very impressed with his knowledge and his desire to help me with my case. It was a long battle and of course I got worried, but in the end, John, with his skills and knowledge prevailed! And let me say the opposing attorney was a high dollar and feared by some counsel. So if you have a difficult case, I certainly would recommend John and Cathy (paralegal).
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Photo Courtesy of: Simon | Paschal PLLC
Simon | Paschal PLLC
Address: 5300 Town and Country Blvd Suite 155, Frisco, TX 75034, USA
Main Phone: (972) 893-9340
Visit the Simon | Paschal PLLC Website
View Simon | Paschal PLLC on Google
Latitude: 33.0908695
Longitude: -96.8424074
Did you know that Simon | Paschal PLLC rates 5/5 based on 9 total ratings?
Reviews for Simon | Paschal PLLC
Carla Kesler
5/5
2 months ago
In todays world it can be somewhat difficult to find trustworthy people. I find it very important to get referrals from people I already trust. Since we are living in a technology driven atmosphere I know reviews are important, we depend on them in my business too. I have to say Paul was super attentive to me when ever I needed him. I mean I was surprised at how quickly he would respond to emails and even requests for calls, when sometimes you just need to talk through something so you have a full understanding. Letting our fingers do the walking only works for a some things. I could not be more pleased with the level of professionalism and responsiveness we received. I highly recommend this group of professionals.
Enoch Finley
5/5
2 months ago
As a novice in business ownership, Paul and his team were super helpful, responsive, and informative. I’m definitely going to come back for assistance whenever I need it.
Brandon Frakes
5/5
8 months ago
There is no law team on the planet I actually want to spend time with. Paul & Dustin are down to earth, personable, and professional lawyers. They know how to put legal language into plain english and recommend the best solution for their clients. Couldn’t be happier.
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Photo Courtesy of: Anderson Vela, LLP
Anderson Vela, LLP
Address: 4920 Westport Dr, The Colony, TX 75056, USA
Main Phone: (214) 276-1545
Visit the Anderson Vela, LLP Website
View Anderson Vela, LLP on Google
Latitude: 33.0798613
Longitude: -96.8937177
Did you know that Anderson Vela, LLP rates 4.3/5 based on 6 total ratings?
Reviews for Anderson Vela, LLP
florence edokpayi
5/5
8 months ago
This is a belated review, I called Mr Vela in July
2017 to, handle an issue with my mortgage company. He was very compassionate and kind and caring. My case was handled promptly and the issue was resolved satisfactorily without going to court. I would definitely use his services again.
G S
1/5
10 months ago
Those might be decent lawyers but not in my case. I’ve heard that am not the only one who complained with their “service”
Db DB
5/5
4 years ago
My dad and I went to speak with Richard Anderson in June 2017. He was very helpful and friendly along with the other members of the business. Thankyou all so much! Hope to need your services in the future.
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I would refer my friends and family to him! You won’t be disappointed if you need an attorney! Thank you!”},{“@type” : “Review”,”author” : {“@type” : “Person”,”name” : “Mark Renner”},”reviewRating” : {“@type” : “Rating”,”ratingValue” : “5”, “bestRating” : “5”},”reviewBody” : “I needed help on a real estate matter and Len was very responsive and successful in bringing the issue to a quick close.”}]}
Photo Courtesy of: The Margolis Law Firm
The Margolis Law Firm
Address: 5300 Town and Country Blvd #170, Frisco, TX 75034, USA
Main Phone: (972) 294-0200
Visit the The Margolis Law Firm Website
View The Margolis Law Firm on Google
Latitude: 33.090876
Longitude: -96.84231
Did you know that The Margolis Law Firm rates 4/5 based on 4 total ratings?
Reviews for The Margolis Law Firm
Carrie A
5/5
a year ago
Len has been a wonderful representation for me. He helped me (the little guy) negotiate with my extremely large national landlord. Had I not used him, I would most likely have been filing for bankruptcy. Keep up the great work, Len!
Renay Goodman
5/5
a year ago
My experience with Margolis Law Firm was very nice and professional. We needed advice/help on dealing with apartment contract and fees and he was very helpful and directed us in the direction we needed to resolve the matter without a lot of cost and waist of time.
I would refer my friends and family to him! You won’t be disappointed if you need an attorney! Thank you!
Mark Renner
5/5
a year ago
I needed help on a real estate matter and Len was very responsive and successful in bringing the issue to a quick close.
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Photo Courtesy of: The Page Law Firm
The Page Law Firm
Address: 1125 Legacy Dr #320, Frisco, TX 75034, USA
Main Phone: (214) 618-2101
Visit the The Page Law Firm Website
View The Page Law Firm on Google
Latitude: 33.0876201
Longitude: -96.8399159
Did you know that The Page Law Firm rates 4.5/5 based on 15 total ratings?
Reviews for The Page Law Firm
Benjamin Brockman
1/5
3 weeks ago
Theda Page cannot be trusted to respond promptly or keep her word. Get everything possible in writing from her because she will not uphold what she says. She agreed to several action steps during a strategy session and then did not respond when I followed up. Months later she responded and wanted an additional $1k to take the actions she offered months prior as part of the original fee. By that time it was too late….Don’t make the same mistake and avoid this amateur at all cost.
Tara Wilson-Mugabe
5/5
4 months ago
Mrs. Page was wonderful through my process! She made it quick, easy and understandable. Any questions I had, she would answer, even late in the evening! I am grateful for her service!
Tamera H. Bennett
5/5
6 months ago
Theda and her team always take great care of any bankruptcy or family law clients I refer to The Page Law Firm.