Top Dallas Car Accident Lawyer

DALLAS METROPLEX ACCIDENTS

According to the NHTSA, there were 3,516 traffic fatalities across the state of Texas, with 1,219 taking place in urban areas. The Centers for Disease Control and Prevention list 611 accidents in the Dallas-Fort Worth region annually, which breaks down to a 9.8% accident rate. Among those aged 15-24, there were 135 accidents total, for a 15.6% rate.

WHIPLASH from Car Accidents

One of the most well-known and common injuries from car accidents is whiplash. Whiplash from car accidents can range from mild to serious, and can result in expensive and long-term treatments. For some, whiplash is only the first indicator of even more severe injuries which can require a lifetime of recovery. Our Firm has years of experience protecting the rights of victims, and can help you recover compensation for the medical bills and suffering caused by your whiplash from car accidents.

Car accidents—especially rear-end collisions—are the leading cause of whiplash. This condition is usually mild, with people recovering over a period of a few months, but it can be severe enough that people suffer for years after the incident. The act of your head whipping forward can also result in other injuries like brain trauma which can have lingering effects for decades or even for life.

It’s vital, if you’ve been in any car accident involving brain injury, to seek help from a qualified professional car accident attorney. At the Law Office of B. Ward Maedgen, P.C., we have decades of experience helping people seek justice and protecting the rights of victims, and we’re here to help you as well. Just contact us online, or give us a call today for a free, no-obligation consultation about your case to learn how we can help you.

Traumatic Brain Injury

Traumatic brain injury has been a hot button issue in the news and in scientific circles for a number of years now. While the stories we hear are usually focused on protecting athletes from repeated concussions and the lifelong damage that cause, the truth is over 50% of all brain injuries come from car wrecks.

Victims of TBI can be in for years, even a lifetime, of rehabilitation and recovery, and the costs can be significant. As medical bills pile up and relationships deteriorate, it can turn a family’s life upside down. Learn what your options are if you’ve suffered traumatic brain injury from a car accident, and how an injury attorney can help you get compensation.

TBI and Car Accidents

Traumatic brain injury, or TBI, occurs any time an impact creates a force that penetrates the skull. This could mean a fracture or break, or it could be the brain moving around inside the skull. TBI and car accidents are closely connected. Any time a person suffers whiplash, strikes the steering wheel or dashboard, or even impacts the airbag, they can suffer a brain injury.

The trauma that causes traumatic brain injury from a car accident can involve contusions (bruising) or even hemorrhages, which is bleeding on the brain. These injuries may not be immediately noticeable, especially if there’s a lack of blunt trauma or visible wounds.

Effects of Traumatic Brain Injury from a Car Accident

When a person suffers TBI from a car accident, the effects may not be immediately be noticeable. It can take days, weeks or even months for the full effects to become evident. This is why it’s so important for anyone who is in a car accident to see a doctor right away and get checked out.

Lingering and ongoing symptoms of a TBI can involve any of the following, among others

• Cognitive problems, memory lapses
• Constant headaches
• Pain in the neck, shoulders and upper back
• Attention and focus problems
• Vision, hearing and other sensory problems
• Paralysis
• Sexual dysfunction

Severity of Symptoms

The severity of symptoms will depend largely on how serious the initial injury was, how early the problem is diagnosed and treatment begun, the resources that are available to help with recovery, the specific symptoms and their effect on the victim’s life, and a range of other factors. It’s vital for anyone who has suffered an injury like this to get treatment as soon as possible.

Collecting Damages

If you have been injured in a car accident, you may be eligible to collect a range of damages to not only help your recovery, but to help pay bills and make ends meet while you convalesce. These damages can include payment of all of your medical expenses, recover lost wages and income, plus lost future potential earnings, plus damages for emotional trauma, loss of relationships and comfort, pain and suffering and other conditions.

It’s important, however, to have the services of a qualified car accident attorney to get the maximum possible compensation. If this has happened to you, call the law offices of Ward Maedgen for a free evaluation of your case today.

Rear End Collisions

Getting rear-ended is one of the worst feelings imaginable. There’s very little that can cause so much anger, confusion and rage as when someone else drives into the back of your car. These kind of accidents are also, unfortunately, some of the most common kinds of car crash and can also create some of the most serious, long-lasting and debilitating injuries.

When you’ve been rear-ended by another driver through no fault of your own, you deserve to have your injuries covered and be compensated for the damages you’ve suffered. Learn about rear end collisions, the damage they can cause, and how a Dallas car accident lawyer can help  you get compensation in your case.

Common Injuries from Rear End Collisions

According to the NTSB, there were over 1.7 million rear-end collisions just in the year 2012, with 10% of those being fatal and a further 500,000 causing injuries. Not only are these kinds of accidents frighteningly common, they are also a leading cause of injury. The cost of these damages ranges into the millions of dollars every year.

The most common injuries that result from rear end collisions include:

• Whiplash: The most common injury suffered, this occurs when the head violently “whips” forward, causing back and neck injuries and possibly…
• Traumatic Brain Injury: This second common injury occurs when the brain is impacted against the skull, causing a range of physical, cognitive and emotional problems that can last for years or even a lifetime.
• Broken Bones: A common injury suffered in many kinds of car accidents, broken bones can be devastating in the short term, but usually heal up.
• Disfigurement and Scarring: Damage from a car injury can cause permanent disfigurement. Whether it’s from serious cuts or burns, a person’s appearance can be altered forever, and can often be associated with chronic pain.
• Paralysis: In some of the worst cases, the victim of the car accident can be left partially or totally paralyzed.

Proving Fault in a Rear-End Accident

Proving fault is the major factor in collecting damages from any car accident. In Texas, we operate on a modified contributory negligence standard, which means that each driver’s degree of blame factors into how much can be collected in damages.

For example, in an accident worth $200,000, a driver who files a claim for compensation but is found to be 20% responsible can only collect $160,000 of the total. If that driver is found to be more than 50% responsible, they can’t collect at all.

This means proving fault is essential. There are several factors that go into demonstrating negligence in a rear-end collision. First, the rules of the road hold that the person who rear-ends another is almost always at fault for the accident. Some factors can reduce liability. If you stop suddenly in a busy road, if your tail lights are out, if you didn’t completely pull off to the side of the road or similar, you might be partially at fault.

Hiring a Dallas Car Accident Lawyer

The best way to get the most compensation for your accident to cover your medical bills, pain and suffering and lost wages, is to hire a Dallas car accident lawyer. If you’ve suffered this kind of injury, call the Law Office of B. Ward Maedgen, P.C. today and let’s talk about your case at no cost.

Rollover Accidents

There are a number of reasons why a car might roll over. The injuries from these sorts of accidents, however, are very often fatal or catastrophic in nature, second only to a head-on crash in terms of severity. Some vehicles are more well-known for their propensity to roll over than others—SUVs, for example.

The damages caused by this sort of crash can turn a family’s life entirely upside down. They can ruin relationships and lives and the sheer monetary expenses of hospital and treatment bills, even of funerary expenses, can be devastating. You can face the consequences of rollover accidents and seek compensation for the injuries you suffered with the help of a Dallas car accident attorney at Ward Maedgen Law.

Rollover Accidents by the Numbers

According to the NHTSA (National Highway Traffic Safety Administration), in the year 2010, rollover car crashes accounted for nearly 35% of all fatalities among car wrecks. The majority of these accidents—a full 95%—are caused by a phenomenon known as “tripping,” which happens when a car’s tire encounters something that interferes with the vehicle’s forward motion, causing it to pitch sideways. This could be anything from a ditch or a curb to soft soil or even a bump in the road.

Causes of Rollover Accidents

SUVs and minivans tend to be more prone to tripping due to their higher center of gravity. This can be particularly true if there are design flaws in the vehicle. Other factors that can play into a rollover include weather or road conditions and the negligence of other drivers.

Compensation for Rollover Accidents

Seeking compensation for a rollover accident can sometimes be trickier than for other kinds of car crash. The first step is to determine the reason and who was at fault. For example, if your vehicle had defective brakes, tires or the like, you might have a product liability suit against the manufacturer of those parts.

If another driver was behaving irresponsibly, running you off the road or causing you to swerve, they might be at fault for the accident. If you’re experiencing poor road conditions and the local municipality or owner of the property (if a private road) failed to maintain the road properly, a personal injury suit or premises liability case could potentially be at hand.

Dallas Rollover Accident Attorney

Many of these lawsuits can be very complex to pursue. Premises liability suits, for example, can involve a lot of factors, and filing a suit against a municipality involves all manner of special rules, statutes and limitations. With all these special circumstances in place, it can be difficult to know how to proceed.

This is why you need the help of an experienced and qualified car accident attorney. A Dallas rollover accident lawyer will be able to analyze the details of your case and determine not just who was responsible, but what kind of case to pursue, so you can gather the right information and prove the necessary factors involved. At Ward Maedgen, we have decades of experience in protecting the rights of our clients, and we can help you pursue compensation you deserve for the injuries you’ve suffered. Get in touch with us for a free case evaluation today.

Distracted Driving Accidents

For decades we’ve been aware of the dangers of driving while intoxicated, but in more recent years, especially since the advent of mobile devices, we’re becoming more aware of the dangers of drivers who are simply distracted. This sort of driving violation is becoming epidemic and the risks posed are every bit as serious as those from drunk drivers.

If you’ve been involved in an accident with another driver who was distracted behind the wheel, your best bet to get compensation is with the help of an attorney. At Ward Maedgen, we have helped many Dallas area victims protect their rights, and we can help you get the damages you deserve.

Distracted Driving Statistics

According to the Department of Transportation, there are well over 3,000 fatalities from distracted driving incidents every year, with half a million injuries occurring from mobile device-related distractions alone. Teen drivers are more prone to this sort of accident, but anyone can be involved in this sort of incident.

Primary and Secondary Laws

There are two different types of traffic laws—primary and secondary. Primary laws are those for which a driver can be pulled over and cited. Speeding and reckless driving are primary laws in every state. Secondary laws are those for which you can’t be pulled over, but for which you can be cited if pulled over for another violation.

In Texas, distracted driving, specific to mobile device usage, is a primary offense for bus drivers and for novice drivers. While it isn’t expressly a secondary offense for other drivers, it can form a part of reckless driving, and it can certainly be used to demonstrate fault in a personal injury claim.

Personal Injury Claims

When you’re involved in a car accident, collecting damages for your lawsuit requires proving that the other party was at fault for the incident. In Texas, the degree of each driver’s fault will play into how much in damages you can collect. This is called modified comparative fault. The total amount of the accident value will be reduced by the percentage of fault you are deemed to hold, and you can’t collect damages if you’re more than 50% responsible.

In general, when you’re involved in an accident with a distracted driver, there are a number of factors that come into play to prove fault. You’ll need to demonstrate that the other driver was doing something other than paying attention to the road: using a mobile device, having a conversation with a passenger, eating and drinking, reading a book, or anything else that took their eyes away from the environment around them.

Distracted driving doesn’t have to be illegal to be a factor in a civil suit. This is essential to remember.

Hiring an Injury Attorney

Your best bet to pursue damages from an accident caused by a distracted driver is to talk to a personal injury and car accident attorney. Not only will an attorney know how to move your case forward, they can collect records and evidence vital to your case—gaining a subpoena for phone records, for example.

At Ward Maedgen Law, we’ve defended victims of injustice in Texas for many years, and we look forward to helping you get justice for the injuries you’ve suffered. Get in touch for a free discussion of your case details today.

Drunk Driving Accidents

Drunk driving is nothing short of an epidemic in our country. With all that we know about the dangers of this activity in this day and age, one would think that incidents would be well on the decline. Unfortunately, there are still record numbers of these accidents taking place all over the country. The sheer irresponsibility of such an incident boggles the mind, and when you’re injured by a drunk driver, you deserve to be compensated for the harm you’ve suffered.

Obtaining compensation for a drunk driving accident requires help from an experienced and qualified Dallas personal injury lawyer like those at Ward Maedgen. Learn more about how a drunk driving injury suit progresses, and how a qualified car accident attorney can seek compensation for your injuries.

Record Numbers of DUI Accidents

According to the NHTSA, traffic deaths across the United States were up by 7.2% in the year 2015, with over 35,000 deaths that year, the largest increase in almost 50 years. Texas had the highest number of drunk driving deaths that year, with 1,323, and tied for third in the percentage of DUI-related fatalities at 38%. These numbers are mind-boggling, and any driver who is injured in an accident where the other driver was operating a vehicle under the influence has a right to be enraged, and to collect damages for their injuries.

Who is Responsible?

The first step is knowing against whom you can file a lawsuit. Of course, the person behind the wheel is absolutely responsible for their own actions, but in Texas we have what are known as dram shop laws.

The state’s Alcoholic Beverage Code allows a victim of a drunk driver to sue the establishment who sold them the alcohol if their patron who caused the accident was under 18, or was obviously intoxicated to the point where they present a danger to themselves or others. Similar laws apply to those hosting parties and gatherings who serve alcohol.

Liability in a Drunk Driving Injury Suit

Proving liability in a drunk driving accident requires three factors. The first is establishing that the driver had a duty of care to act responsibly and protect others from harm. This is probably the easiest factor to deal with, since it applies to all drivers on the road.

The second factor is proving that they were acting irresponsibly, in a way counter to that of a reasonable person. If they were demonstrably intoxicated, this meets that qualification, as everyone is aware that drunk driving is irresponsible and dangerous.

The final factor is that their irresponsibility directly resulted in the accident that caused you harm. If all three of these factors can be demonstrated, you have a case to collect compensation for your injuries.

Collecting Damages

There are a range of damages you can collect with the right help. This can include all of your medical bills, damages for pain and suffering, lost wages and future earnings, emotional trauma, loss of consortium, comfort and relationships and even punitive damages. However, proving this and fighting an insurance company who will do all they can to avoid paying out requires experienced legal counsel.

For many years the Law Office of B. Ward Maedgen, P.C. have helped to protect people’s rights when they need it. We can battle the insurance companies, and we can get justice for the harm you’ve suffered. Call us todayfor a free case discussion of your Dallas drunk driving injury suit.

Texting While Driving Accidents

Texting while driving falls under the overall umbrella of distracted driving. When a person is behind the wheel of a car they’re supposed to be paying attention to what’s around them. They aren’t supposed to be looking at Facebook or Instagram, texting a friend or doing anything that divides their attention from the road.

Unfortunately, too many people are dismissive of the safety issues involved with mobile devices behind the wheel and hundreds of thousands of people get hurt or die every year as a result. At Ward Maedgen Law, we take incidents of texting while driving lawsuits very seriously and we can help you get compensated for your injuries.

Texting and Driving Statistics

Every year, there are around 3,300 deaths that occur from fatalities involving distracted driving, according to figures from the Department of Transportation. The DoT also indicates that around 500,000 people are injured because of texting and driving, with almost 70% of drivers under the age of 64 admitting to using their phone while behind the wheel, in the 30 days prior to being asked. Using a phone behind the wheel of a car increases the possibility of an accident by 23 times, and has been shown to impair driving just as much as being drunk.

Because of this, more states every year ban the use of cell phones while driving. In Texas, it’s illegal for bus drivers, drivers under 18 or those who have been driving for less than 12 months to do so. However, the legality of the act does not preclude filing a personal injury case if you’re hurt by a texting driver.

Texting While Driving Lawsuits

Texting while driving lawsuits are personal injury cases, and these follow different regulations than criminal law. In a personal injury case you don’t have to prove that what the other driver was doing was illegal; you need to prove that it was irresponsible and negligent.

This means that the other driver, by behaving irresponsibly, violated a basic duty of care towards other drivers on the road, and this negligence caused the accident in which you were injured. If you can demonstrate that they were texting while driving, you have a good chance of collecting compensation.

What Damages Can I Collect?

Distracted driving is such a danger and so irresponsible that there are chances to collect serious damages. In just about any personal injury case, you can get compensation for medical bills past, present and future, you can recover lost wages and potential lost future income, and you can recover damages for things like pain and suffering, emotional trauma, psychological damage, loss of comfort, consortium and relationships and the like.

In these cases, especially if the behavior was particularly egregious, you may also be eligible to collect significant punitive damages against the driver as well. Getting this compensation, however, requires seeking the right legal help.

Dallas Car Accident Attorney

Your best bet to collect compensation for the damages you’ve suffered is to hire a qualified Dallas car accident attorney. Our Firm can help you pursue your texting while driving lawsuits, stand up to insurance companies who go to lengths to avoid payouts, and help to ensure you get the maximum value for your case.

At Ward Maedgen Law, we’ve helped Dallas area clients for years to get justice for the ways they’ve been wronged by the system, and we can help you as well. Give us a call to discuss your testing and driving case at no cost today.

What to Do after an Accident

When you’re in a car accident, your entire life changes in an instant. Even if you don’t feel injured right away, you’re confused, scared, angry and you may even feel desperate. Many people don’t know what to do in those first moments, and that can lead to critical errors that can cost you in the long run.

Even if you don’t feel hurt, if you’ve been in an accident that’s not your fault, you need to take the right steps to protect yourself. You deserve compensation for the damages you’ve suffered, and doing the right things at the scene is your first step. After you get home, the Law Office of B. Ward Maedgen, P.C. can help you get the compensation you deserve.

AT THE ACCIDENT SCENE

The first thing you need to do in a car accident is to ensure that everyone is okay. Immediately call for first responders to the scene, and check on everyone’s status. Make sure that anyone (including yourself) who may need medical attention is seen.

Talk to the other driver. Exchange contact and insurance information. Speak to any witnesses at the scene and get their information as well. If police arrive on scene, make sure that a report is filed and you get the information from the officer. However, never apologize or admit to anything. At this stage anything you say can be crucial to pursuing your claim later.

Take photographs if you can. The more photos you can get, from a wide variety of different angles, the better able you’ll be to back up your claim. You’re gathering evidence that will support your case later on.

WHEN YOU GET HOME

The next thing you need to do after you get home, is to report the incident to your insurance company. Even if you think the accident was minor, it’s important to let your insurer know. You never know when you’ll need to file a claim, or if the other driver will and it’s better to get in front of it. Call as soon as possible and be honest and transparent about what happened. Be brief and stick to the clear facts. Don’t leave things out and don’t try to spin them to your advantage.

CALLING AN INJURY ATTORNEY

The next, and arguably most important step you should take after a car accident, is to call upon a qualified and experienced car accident personal injury attorney. An accident lawyer will fulfill many important roles in your case. They’ll be able to deal with aggressive insurance companies who will go to great lengths to avoid paying out on your claim, from strong arm tactics to get you to sign away your rights to attempting to blame you for the accident.

A solid lawyer will be able to examine the details of your case and advise you on the best way to proceed. While no case is ever guaranteed, a qualified and experienced injury lawyer can be your best chance to get compensated for the injuries you’ve suffered at the hands of an irresponsible driver.

FACTORS THAT INFLUENCE COMPENSATION

When you’re in a car accident and it was the fault of another irresponsible driver, you know that you deserve to be compensated for your injuries. The range of damages for which you can gain compensation is broad, from measurable financial losses to more subjective emotional damages and even punitive damages in very bad cases.

However, there are a number of factors that influence car accident settlements and the compensation you can receive. Our Firm are pleased to offer this primer on these factors, and what you can do to have the best chance at compensation.

FACTORS THAT INFLUENCE CAR ACCIDENT SETTLEMENTS

There are numerous factors that influence car accident settlements and the compensation that you can receive from yours. However, the five most important include:

• Consistency of your story
• Preponderance of evidence
• Expert medical opinions
• Post-accident lifestyle consistency
• Having a good attorney

These factors and others all combine to play into the compensation you can receive.

STORY CONSISTENCY

The first, and arguably most important, factor in the value of your accident case is how consistent you are with your story. You’re going to be asked about what happened multiple times over the course of the intervening days and weeks. The more consistent you are about what happened, the better off you’ll be when it comes time to collect. This means you should be clear, concise and straightforward about what happened. Don’t try to embellish the story or spin it in any way.

PREPONDERANCE OF EVIDENCE

This is a technical, legal-sounding term, but what it means is that the more evidence you have to backup your story, the better off you’ll be. When you’re in an accident, you should take all the photos you can, gather up as many witnesses as you can, get a police report if possible. The more evidence you can build up, the better off you’ll be when it comes time to prove fault.

EXPERT MEDICAL OPINIONS

Often, car accident injury cases come down to battles between insurance companies. Insurance adjusters will look at every angle of an accident and explore every detail. This means they’ll also talk to your doctor and any other medical professionals who have treated you during the course of your recovery. The opinions of these people will weigh heavily in the decision regarding the value of your case.

YOUR POST-ACCIDENT LIFESTYLE

The insurance company will look at how you live after the accident. If you’re claiming a back injury, for example, but you’re seen carrying heavy loads around town, this could cast doubt on your claim. Make sure that your claims are accurate and honest, and supported by the verifiable life difficulties you suffer.

HAVING A GOOD ATTORNEY

Among the most important factors that influence car accident settlements is having a good Dallas car accident attorney in your corner, like those at Ward Maedgen. For many years we’ve protected the rights of our clients, and we have the experience and knowledge to help you. If you’ve been hurt in the Dallas area, call us for help today. There’s no cost for the initial consultation and no fee unless we win your case.

Negotiating a Car Accident Settlement