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 – University Park
Why an experienced auto accident attorney is important
Every component of the incident will be examined by our legal team as they develop the strongest possible claim. Your best chance of getting compensation is to pay attention and be committed, regardless of whether you are settling or going to trial. An experienced vehicle accident lawyer will help you determine if your injuries are covered by 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 is dedicated to making sure that your case goes as well as possible.
Claims adjusters and managers employ tactics and methods to reduce the payout, or get it denied altogether, when an insurance claim is filed. If the case moves to litigation, then the legal team from the insurance carrier steps in. This is because these professional teams are designed to lower the annual insurance carrier’s payouts. They do a great job.
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 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. It’s often too late by this point to assist.
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 particularly true in the light of contributory neglect. Talking to insurance providers can cause misunderstandings. 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
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 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 must consider mitigating circumstances. Did your brake lights turn on? Did you bring traffic to a halt? Were you using turn signals? These cases require a finding to fact. Was the defendant’s vehicle following you? Because your testimony can be refuted, there must be other evidence to prove the defendant followed too closely.
Rear-end crashes can happen for a variety of reasons. Sometimes there are unseen circumstances or conditions that cause it. A road object might cause the defendant’s vehicle to suddenly stop, causing it to collide with you. Sometimes, a defendant might have been following too closely and ran into your bumper before smashing into you.
The courtroom will have questions from both sides. What can you say about weather conditions, for example? Can they be blamed for this collision? What about speeding? There might even be an argument about whether or not your tail lights were working. Last but not least, there’s the matter 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 see, rear-ending a claimant is not a guarantee of a win. These issues can be complicated and a skilled auto accident lawyer is your best friend.
Although head-on crashes occur less frequently than rear-end accidents, they can be statistically more serious. In 2020 the Texas Department of Transportation reported 538 deaths from head-on collision accidents. 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. A Class A misdemeanor can result in a sentence of up to one year in jail and as much as $4,000 in fines.
Additionally to state laws and ordinances, cities in Dallas/Fort Worth have their own ordinances. Some are more restrictive than others.
Distracted driving was the reason for 368 traffic deaths in 2020. There were many more who could have been involved in non-fatal crashes or contributed to them.
Texas recorded 1,354 fatalities from single-car accidents in 2020. These are called “ROR”, or Run-Off Road Crash by the NHTSA.
ROR crashes most often involve one party. This includes factors like alcohol use, poor weather and distracted driving. These cases are less common in personal injury law firms because most of these accidents are caused by the fault of one party.
However, some ROR crashes are caused due to another driver forcing you to take evasive action to avoid a collision. Texas’ 2020 fatalities were 51% in “rural” areas. These areas typically have two-lane highways with opposing traffic, which can lead to drivers drifting into the oncoming lane. Another reason a driver might be trying to pass dangerously is that he or she may not know how to do so.
You’ll need to prove the other driver was responsible for you being run off the road. 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.
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.
Intersection and Side Impact Collision
As with head-on collisions, side and intersection crashes contribute significantly to fatalities and serious injuries in Texas. The state recorded 865 fatalities in 2020 that were attributed to intersection 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. While side impact airbags can be used to prevent injuries from occurring, such as curtains and impact pillars on modern cars, these types of accidents are still a serious danger in Texas.
As with other accident types in Texas, due to modified contributory negligence laws, even a broad-side accident can’t be automatically considered a clear cut case. Even if the negligent driver caused the accident, it is possible that their negligence will not be sufficient to make their car insurance pay. It is crucial to have a Texas accident lawyer on your side.
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 error is when people contact their at fault insurer and make a recorded declaration. People mistakenly believe that they are being cooperative. They are not being looked after by the insurance company. They are seeking information to assist 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. As time passes, there is a delay in getting treatment. If you wait too much or don’t seek medical attention right away, the insurance company can claim that your injuries aren’t sustained. Insurance companies can also use gaps in treatment to defend their clients.
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.
The fight against the 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 investigate the details surrounding our clients’ claims. We read police reports, gather testimonies and preserve electronic data from vehicles and surveillance video.
Personal Injury Protection Insurance
Personal injury protection (PIP), is a type coverage that is included in many personal auto policies. PIP is optional for some drivers.
This type of personal insurance protection protects against medical expenses after an auto accident. This means you can cover your medical expenses for yourself and your passengers, regardless of what happens in the case. PIP can also cover lost wages.
Although the Texas minimum policy limit is $2,500, it’s not too high. You may have selected a higher amount if your agent was knowledgeable and had reviewed all the coverages. 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
Most insurance claim settlements are completed before a lawsuit is filed.
However, not all accidents involving vehicles can be solved. Perhaps the issues to be resolved are beyond both parties’ capabilities. 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, expert witnesses and witnesses may be called. Responding law enforcement officers can also be called and could testify before 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.
After you file your lawsuit, the defense will request that you take a deposition. 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 questions to learn more about the accident, who caused it, your injuries and damages. 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 accompany you and help you refrain from answering questions that could damage your case. Your attorney may also ask you questions that shed a favorable light on your case. However, the process does not have to make you feel uncomfortable. Texas law for depositions ensures that you will not be intimidated. Your accident attorney will also ensure that you aren’t.
Texas Motor Vehicle Trial Cases: Expert Witnesses
In a court case, expert witness can give their opinion to a jury. A witness’s expertise can be used to help the jury draw a conclusion from the available information.
In motor vehicle accidents, medical experts are the most common expert witness. 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 contribute to a stronger case for a claimant, but this is not so every time. Further, expert witnesses are not always called and typically only participate in a case when 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?
How long it takes to get through a trial isn’t the only factor. Before you can step foot in the courtroom, there are many things that must happen. The lawsuit will need to be served on defendant. The parties then exchange evidence and take deposition 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 has helped many people to recover from accidents over the years.
75225, 75205, 75275
- Balch Springs
- Beverly Hill
- Blue Ridge
- Camp Dallas
- Cedar Hill
- Cockrell Hill
- Cooper Creek
- Copper Canyon
- Corral City
- Cross Roads
- Deep Water Point Estates
- Double Oak
- Farmers Branch
- Flower Mound
- Glenn Heights
- Grand Prairie
- Green Valley
- Hickory Creek
- Highland Park
- Highland Village
- Lake Dallas
- Lakewood Village
- Lavon Beach Estates
- Lavon Shores Estates
- Ledbetter Hills
- Liberty Grove
- Little Elm
- Lowry Crossing
- Mobile City
- New Hope
- Oak Point
- Paloma Creek
- Paloma Creek South
- Pilot Point
- Providence Village
- Royse City
- Shady Shores
- St. Paul
- The Colony
- Trinity Park
- Trophy Club
- University Park
- Yucote Acres