FORMER TEXAS ASSISTANT DISTRICT ATTORNEY. Among Other Accolades, Ward Maedgen Has Been Named In D Magazine’s ā The Best Lawyers In Dallas multiple years.
Lawyer – Traffic collision, Nearby – Wylie
Why an Auto Accident Attorney is an Expert in Your Area
Every component of the incident will be examined by our legal team as they develop the strongest possible claim. You have the greatest chance for getting justice, whether it is through a settlement or jury award. A lawyer for vehicle accident victims can help determine if you are eligible to receive compensation under no-fault coverage. 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. The legal team of the insurance company can also intervene if a case is brought to court. This is because these professional teams are designed to lower the annual insurance carrier’s payouts. Needless to mention, they excel at 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. 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 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 crucial that potential clients do not communicate with insurance companies. This is because they’re seeking information that may be harmful to the client but beneficial to the insurance company and defendant. This is particularly true when you consider contributory negligence. Conversing with insurance providers can lead to misunderstandings. They won’t be looking out for your best interests, but instead they will try to make as much money as possible by trying to get you to pay what you claim is worth.
Common Case Types: Traffic collision – Texas
Rear-end Collisions
Although Texas Department of Transportation is not able to collect data on the percentage of traffic collisions that are rear-end, we know from national statistics that they are around 28% and 29%. This type of accident is most likely the most common in the country and Texas is no exception.
Texas is a “modified relative fault state” meaning that rear-end crashes do not just point the finger at the driver. Consider the possible mitigating factors. Are your brake lights on? Are you able to stop traffic flow completely? You used turn signals. In these cases, there must be a finding that the defendant was behind you. Your testimony may be refuted so there must be additional evidence to show that the defendant was following too closely.
Rear-end crashes can happen for a variety of reasons. Sometimes, it is not obvious circumstances that lead to the collision. A road object might cause the defendant’s vehicle to suddenly stop, causing it to collide with you. Sometimes, the defendant may have been following too closely before running up to your bumper and then ramming into you.
In court, the questions will come from both sides of the aisle. Weather conditions are one example. Did they contribute to cause this collision? Is speeding an issue? You might also argue about whether your tail lights worked. 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 can see, being rear-ended is not an automatic win for claimant. An experienced auto accident attorney is invaluable in navigating these issues.
Head-on Collisions
Although head-on crashes occur less frequently than rear-end accidents, they can be statistically more serious. 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
These days, the distractions from personal devices is not limited to just texting. 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 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.
Regardless the laws, in 2020 368 traffic accident fatalities were attributed to distracted driving. Many more people were involved in or contributed towards non-fatal accidents.
Single Vehicle
Texas’ single car accident deaths were responsible for 1,354 deaths in 2020. These are known as “ROR” (Run-Off-Road) by the NHTSA.
ROR crashes almost always involve one party. These cases are not usually handled by personal injury attorneys because they involve only one party.
ROR collisions can also be caused by another driver. In these cases, you will need to take evasive measures to avoid a collision. Texas was home to 51% of all fatalities in 2020. These areas often have two-lane highways, with opposing traffic. Drivers could drift into the oncoming lane. Other times, drivers may try to pass unintentionally.
If another driver drove you off the road, like someone who is under the influence or someone who falls asleep, you will likely have to prove that they caused it. 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. Drivers are increasingly equipping their cars to have dash cams.
For a Run-off-road case where another driver was negligent, you should contact a good personal injury lawyer to help you build a strong case.
Intersection and Side Impact Collision
Side impact and intersection collisions are major contributors to serious injury and death in Texas, just like head-on collision cases. In 2020, there were 865 fatalities that could be attributed to intersection accidents 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. These injuries are reduced by modern car side impact airbags and curtains. However, the Texas fatality statistics above show that this type of accident can still be deadly.
Like other Texas accident types, a broad-side incident can’t be treated as a straightforward case because of modified contributory negligence law. 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. An accident attorney in Texas is a great resource for you.
Common Mistakes After 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 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 mistake people make is to contact the at-fault insurer and record a statement. Many people mistakenly think they are being cooperative. They are not being looked after by the insurance company. They’re trying to get information that will help them and their insured. There is no obligation for the insured to speak to the insurance company.
People also sometimes make the mistake of waiting to seek treatment until they feel they can manage 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. A gap in treatment can be used by an insurance company as a defense.
Talking to the at-fault insurance company, recording a statement, trying to resolve their claim themselves, accepting an earlier settlement before they know the outcome, not getting treatment immediately are all common mistakes people can make.
The fight against the insurance companies
In order to decrease their payouts, insurance companies may wrongly accuse injured persons of causing a wreck. The police report may be incorrect, and victim-blaming might follow. You might find yourself in a “he said, she said” conflict with the negligent driver. For your case to be successful, you will need strong evidence and the help of a professional.
We review the facts surrounding each client’s claim, including reading police reports, collecting testimonies, conserving electronic data from cars and surveillance videos, as well as 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 is optional for some drivers.
This personal auto insurance protection provides coverage for medical expenses incurred after an accident. It’s a type of “no-fault.” 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.
That said, the minimum required policy limit for PIP in Texas is only $2,500 – not a whole lot. A good agent will have reviewed your coverages with you and recommended a higher amount. 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 settle before a lawsuit is filed.
But not all car accidents can be resolved. Perhaps the parties are unable to resolve the issues. Perhaps the plaintiffs had difficulty agreeing on the amount of compensation due to 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. 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 attorney may even be able to argue that you be awarded punitive damages which is something that would not be offered in a settlement.
Discovery & Deposition
After you file a suit, the defense side will ask for a deposition. This is a formal conversation, in which both the plaintiff and defense side will participate. A court reporter will also be present. You’ll be asked questions by both sides to find out more about the accident, who was at fault, your injuries, and damages. To learn more about other drivers, the attorney will ask them questions.
Your attorney will assist you in answering any questions you may have. You might be asked questions that help to shed light on your case by your attorney. The process is not intimidating, but you don’t have the right to feel afraid. 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
An expert witness is a person who can testify before a jury in a court case. 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.
Expert witnesses are able to help claimants build a stronger case but it is not always so. Expert witnesses are not always called, and they typically only assist in cases where required by the court. This is when an experienced motor vehicle business will have the resources to locate the right expert witness.
How Long Does a Court Case Take 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 lawsuit will need to be served on defendant. After that, each party must exchange evidence and depose witnesses. This process can take upto a year depending upon the complexity of each case and how many people are involved.
As you can see, it’s not wise to go it alone in Texas. To learn more about your legal options, call us for a free consultation. Ward Maedgen Accident Attorneys have helped many people recover after accidents for many years.
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Photo Courtesy of: Edmondson Law, PLLC.
Edmondson Law, PLLC.
Address: 101 Calloway St #200, Wylie, TX 75098, USA
Main Phone: (972) 442-8326
Visit the Edmondson Law, PLLC. Website
View Edmondson Law, PLLC. on Google
Latitude: 33.0104579
Longitude: -96.5398286
Did you know that Edmondson Law, PLLC. rates 4.8/5 based on 50 total ratings?
Reviews for Edmondson Law, PLLC.
Edda Hagar
5/5
2 months ago
My name is Edda and I need to share the wonderful, amazing experience that I had with Edmondson Law and family. From the very first day that I came into their office I felt extremely comfortable and with such a piece of mind. My experience was out of this world. I came in to file a divorce and wow!!! The communication and attention was always there till the day I received the good news. It didnāt matter what time or date I would contact them I always received an immediate respond. That gave me even more comfort going through a divorce. I never felt rushed, stressed or confused. Actually, the months that we spent together I felt more happier than what I spent with my husband for 20 years.š I say all this because of the way that everyone in the office made me feel through this difficult decision in my life. Thank you Mr. Edmondson, Ms. Debbie and everyone in the front desk. I love you all and you will all be in my heart for the rest of my life. From the very first day I met you all you were already part of my family. I love you all.
Thank you!
Edda Hagar
Justin Nicholson
5/5
a month ago
Tyler has been my go to for over 10 years from simple things like Wills to handling LLC information and answering legal questions or explaining legal processes/documents. He always answers the call and provides quick turn around time on anything we need done. He takes the time to fully explain things and that makes us feel confident that our legal needs are in good hands with Tyler.
Susan Bowen
5/5
a month ago
Friendly and knowledgeable in their field. The attorney asks the right questions. Very thorough with explanations. I definitely felt at ease and satisfied that my Will was completed with my personal wishes.
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Photo Courtesy of: Pace & McSwain
Pace & McSwain
Address: 108 S Jackson Ave Suite 207, Wylie, TX 75098, USA
Main Phone: (469) 626-9871
Visit the Pace & McSwain Website
Latitude: 33.0132468
Longitude: -96.5404826
Did you know that Pace & McSwain rates 4.3/5 based on 3 total ratings?
Reviews for Pace & McSwain
C C
5/5
a year ago
Ashley McSwain did a wonderful job on my civil suit as a plaintiff. She was extremely effective, efficient, thorough and yet succinct. The outcome was better than I had hoped. Ms. McSwain has a thorough understanding of the legal system and the courtroom. She is easy to work with and highly talented. I highly recommend Ms. McSwain and her team, and will certainly retain her in the future if need arises.
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We definitely wanted Jessieās expertise again for my partnerās permanent green card.with Jessieās great help again permanent green card has been approved. Jessie was always available to answer questions whether by phone,text or email. Even better,she offers flexible payment plans. Guys, please stop looking for any other immigration lawyer..Jessie is best and she would definitely get the work done..Trust me..Thank you very much Jessie!”},{“@type” : “Review”,”author” : {“@type” : “Person”,”name” : “Sheila Enoudo”},”reviewRating” : {“@type” : “Rating”,”ratingValue” : “5”, “bestRating” : “5”},”reviewBody” : “I donāt even know where to begin. From the moment we met her she was upfront and honest. She kept us in the loop. She updated us with the changing laws. She always had our best interest at heart. Sheās very understanding. I honestly feel like she is the reason that my family was able to stay together. At times, she went above and beyond. My family has been recommending her to everyone that needs her services.”},{“@type” : “Review”,”author” : {“@type” : “Person”,”name” : “mary birdwell”},”reviewRating” : {“@type” : “Rating”,”ratingValue” : “5”, “bestRating” : “5”},”reviewBody” : “I never expected to fall in love with my best friend who lived five thousand miles away. We had no experience in what needed to be done for permanent residence after marriage. We thought we could do it ourselves and soon realized we could not. We were desperate to find a ‘good’ immigration attorney. By the grace of God we found Jessie Thomas. We read the reviews and she was exactly what we were looking for. From the very beginning she laid everything out for us. Step by step, form by form. This application explained fully, that question answered. It will seem overwhelming in the beginning, just have patience and faith. She took our calls, eased our fears and always answered our questions. She is ethical, straight forward and has a commitment to competence, integrity and morality. I feel so blessed that she chose this profession. I cannot imagine anyone else being as helpful as she was every step of every bridge we crossed. It is a stressful time- but with a great attorney like Jessie, it will be a dream come true. Ours sure was!”}]}
Photo Courtesy of: Law Office of Jessie M. Thomas
Law Office of Jessie M. Thomas
Address: 2610 FM 544 #107B, Wylie, TX 75098, USA
Main Phone: (469) 925-0472
Visit the Law Office of Jessie M. Thomas Website
View Law Office of Jessie M. Thomas on Google
Latitude: 33.0104794
Longitude: -96.5765762
Did you know that Law Office of Jessie M. Thomas rates 4.9/5 based on 30 total ratings?
Reviews for Law Office of Jessie M. Thomas
Eddie Rosenquist
5/5
2 months ago
First of all a huge huge thanks to Jessie!!!We first approached Jessie for my partnerās green card process and right from beginning she guided us at each and every step very clearly until we finished our interview and my partner got the conditional green card and it wouldnāt have been possible without Jessie as our case is different and complicated.
We definitely wanted Jessieās expertise again for my partnerās permanent green card.with Jessieās great help again permanent green card has been approved. Jessie was always available to answer questions whether by phone,text or email. Even better,she offers flexible payment plans. Guys, please stop looking for any other immigration lawyer..Jessie is best and she would definitely get the work done..Trust me..Thank you very much Jessie!
Sheila Enoudo
5/5
6 months ago
I donāt even know where to begin. From the moment we met her she was upfront and honest. She kept us in the loop. She updated us with the changing laws. She always had our best interest at heart. Sheās very understanding. I honestly feel like she is the reason that my family was able to stay together. At times, she went above and beyond. My family has been recommending her to everyone that needs her services.
mary birdwell
5/5
6 months ago
I never expected to fall in love with my best friend who lived five thousand miles away. We had no experience in what needed to be done for permanent residence after marriage. We thought we could do it ourselves and soon realized we could not. We were desperate to find a ‘good’ immigration attorney. By the grace of God we found Jessie Thomas. We read the reviews and she was exactly what we were looking for. From the very beginning she laid everything out for us. Step by step, form by form. This application explained fully, that question answered. It will seem overwhelming in the beginning, just have patience and faith. She took our calls, eased our fears and always answered our questions. She is ethical, straight forward and has a commitment to competence, integrity and morality. I feel so blessed that she chose this profession. I cannot imagine anyone else being as helpful as she was every step of every bridge we crossed. It is a stressful time- but with a great attorney like Jessie, it will be a dream come true. Ours sure was!