McAllen Car Accident Lawyer

Were You Injured In A Car Accident?

Getting in a car accident can be scary and traumatic. In a split second, your life may be completely upended through no fault of your own. While you’re dealing with shock, injuries, possible PTSD, or even the death of a loved one, your medical bills continue to increase. Working with an experienced car accident lawyer can help get you the compensation you need and deserve.

Consult an Attorney With Experience

Navigating the aftermath of a car accident can be daunting. Once you’ve sought medical attention, the crucial next step is seeking guidance from a seasoned attorney experienced in handling car accidents. Our law firm is well-equipped to provide the expertise you require.

You’re invited to request a complimentary consultation where we can assist you in navigating your legal case, offering step-by-step guidance. Our focus is on managing the legal complexities, allowing you to concentrate on your health and well-being. We empathize with the challenges posed by medical bills and lost wages resulting from an avoidable accident and are committed to helping you advocate for your entitlement to complete and equitable compensation.

What is Texas’ Statute of Limitations on Car Accident Claims?

In Texas, the window for taking legal action following an accident is limited to two years from the incident date. This timeframe underscores the importance of engaging with an attorney quickly. Time is of the essence in preserving evidence, interviewing witnesses, and to take essential steps while constructing a robust case. If you wait until right before the deadline, you may jeopardize your ability to pursue the case altogether. To ensure the strongest possible case, it is vital to reach out to our McAllen car accident attorney at your earliest convenience.

How Does Texas’ Compensation Law Work?

Under Texas law, you have an opportunity to seek compensation if you bear partial responsibility for the accident. However, any judgment or settlement you receive will be diminished proportionally based on your degree of fault. For instance, if you are deemed 20 percent at fault for an accident with total damages amounting to $100,000, your judgment is capped at $80,000. Compensation denial only occurs if you are found to be more than 50 percent at fault. Our responsibility is to maximize your compensation by preventing the other party from placing blame on you for the accident.

What are the most common causes of car crashes?

Driving under the influence

Automobile accidents happen for various reasons, but one of the most common causes is driving while intoxicated. More than 9,000 people are killed in alcohol-related accidents each year, accounting for one-third of all traffic-related deaths.

When a driver is impaired due to alcohol, their reflexes and judgment are affected. This makes it more difficult for them to control the vehicle, including staying in their own lane or stopping when needed. A driver is considered legally drunk when they get behind the wheel with a blood alcohol level of .08 or higher.

Car and tire defects

Because Americans drive three trillion miles each year, making sure you have quality tires and no defective car parts can actually save your life. Driving around on tires or with car parts that are defective or in poor condition can lead to an accident, causing serious injuries or even death. It can be in your best interest to regularly check to see if there have been any auto part recalls on your car.

Distracted driving

Using mobile phones, texting, eating, or engaging in other distracting activities while driving can take attention away from the road and lead to accidents.

Reckless driving

Aggressive driving behaviors such as tailgating, frequent lane changes, and weaving in and out of traffic can lead to accidents. Additionally, failing to yield at intersections or when merging onto highways can cause collisions, as can disregarding traffic signs and signals. Driving at speeds higher than the posted speed limits or too fast for road conditions reduces reaction time and increases the severity of accidents.

Fatigue

Drowsy driving can impair a driver’s ability to focus and react quickly. Often, driving on too little sleep can be just as dangerous as driving while intoxicated.

Other Types of Car Accidents:

Company Car Accidents

If you have been involved in a company vehicle accident, you likely have a lot of questions, and it is important that you are able to have all of these answered to your satisfaction. First, the mere fact that you are in a company vehicle does not mean your right to seek compensation from the other driver is limited, or that the damages you are entitled to seek (such as past medical costs, lost wages or physical pain and impairment) are any different. You are entitled to make a claim under the other driver’s auto policy and seek the same compensation as if you were in your private vehicle.

One possible difference however is that if you were driving a company vehicle, and you were in the course and scope of your employment at the time of the company vehicle accident, you may also have a workers compensation claim. If you do make a workers compensation claim for the car accident, and the workers comp carrier pays for your medical treatment or lost wages due to the accident, then the workers comp carrier has a lien against any settlement you get from the other driver’s automobile insurance. In other words, workers comp gets paid back out of your settlement whatever they have paid out. Even if that applies to you, you are still entitled to seek your damages from the other driver’s auto insurance. You may also be surprised to learn that you can probably make a claim with your own private automobile insurance carrier, even though you were in a company vehicle.

If your employer has told you that they will “take care of everything” related to the accident, exercise caution. In no documented instances has an employer made a claim against a third party’s automobile insurance on behalf of their employee. In fact arguably they couldn’t, because that verges on the unauthorized practice of law. If you were injured in a motor vehicle accident while driving or riding in a company vehicle and want to make sure you know your legal rights, please contact one of our McAllen car accident attorneys today to discuss your case.

Fatal Car Accidents & Injuries

Fatal accidents can be the most difficult of accidents to deal with because at least one of the motorists have endured fatal injuries from the car accident and have lost their life. Often, fatal accidents occur as a result of speeding or not following the different traffic laws that are in place. When a car accident of this nature occurs, there may be an array of criminal charges filed – involuntary manslaughter, vehicular manslaughter, or even murder

Most of the time, fatal accidents are due to an unintentional mishap as a result of not following the rules which led involuntarily to taking someone’s life. If a vehicle was used to cause an intentional death, then the case is tried in a very different way. You cannot deal with the consequences of a fatal car accident on your own. By choosing an experienced and professional legal team, it is possible to expedite the litigation and make the various evaluations that need to take place surrounding your case. The advice of a good lawyer can help you determine your best possible options when recovering from fatal accidents and making sure your rights and best interests are protected.

Ride Sharing Accidents

Among the most car accident claims to pursue are ride sharing accidents.  Companies such as Uber and Lyft consider their drivers to be ‘contract’ employees, they are under no obligation to cover them for insurance.  There is no way of knowing if the driver has insurance or how much.  Essentially, it is the same as getting into any other type of car accident.  For these types of cases in particular, it is essential to have experienced legal representation.

How can I ensure a successful car accident claim?

To prevail on a legal claim after a car accident, you need to make yourself the priority. Your health is the most important factor. Right after an accident, you should seek medical attention as soon as you can. If you wait to see a doctor, you may risk making your injuries worse, possibly with catastrophic results. What’s more, obtaining medical attention right away will prevent the insurance company from using lack of medical attention to reduce the amount of compensation you’re seeking. Otherwise, the insurance company may try to claim your injuries were pre-existing or came from another source. It’s also important to collect evidence from the scene. The best way to do this is by taking photos of the scene exactly as it is when the accident happens. You should take photos of the cars involved from many angles, tire marks on the road, a picture of the whole scene, and your noticeable physical injuries. You should also talk to any witnesses and get their contact information. Lastly, you need to get the insurance contact information from the other driver(s) involved in the accident.

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