McAllen Car Accident Lawyer

After a serious car accident, those injured must often face the financial stress of covering medical bills, lost wages, property damage, and pain and suffering. Without an accident attorney’s help, recovering sufficient compensation can be nearly impossible. Don’t face an insurance company’s team of lawyers without representation. Call the McAllen car accident attorneys at the De La Garza Law Firm at (956) 533-1426 or contact us online.

Why Choose Our Texas Law Firm?

  • When you choose De La Garza Law Firm, your case will be handled by founding attorney Rafael De La Garza, not handed off to an associate or paralegal.
  • We will strive to meet your legal needs and to help you through the stressful claims process after an injury or accident has occurred.
  • You can trust that our firm has the legal skills, knowledge, and experience to get you the financial recovery you need to rebuild your life.

Why Do I Need a McAllen Car Accident Lawyer?

While you are focusing on your health, a McAllen car accident attorney will take care of investigating the crash and collecting evidence to build your case. That can include:

  • Collecting police reports on the accident
  • Obtaining medical records of your injuries and treatments
  • Interviewing eyewitnesses
  • Reconstructing the accident with the use of the latest technology
  • Speaking to the insurance company and negotiating a fair settlement

Hiring legal representation ensures that your best interests are being put first. Most car accident lawyers have years of experience dealing with insurers and know how to recover the maximum amount of compensation for your case. When a claim cannot be settled at a fair amount, your attorney can take your case to court to achieve the justice that you deserve.

What to Do After an Accident in Texas

The way you handle the situation immediately after an accident can have a significant impact on how you are ultimately compensated for your personal injury claim. It is important to establish the basic facts of the case and communicate them through the appropriate channels, including law enforcement and your McAllen personal injury attorney.

  1. Take any injury seriously and seek medical treatment. In many cases, people dismiss “small” injuries that turn out to be more serious than they thought, or they don’t get appropriate medical treatment because they’re in a rush or don’t want to get the other person in trouble. Personal injuries are part of the facts of the case, and without being examined by a medical professional, compensation can be denied or reduced.
  2. Gather all necessary information at the scene of the crash. This includes names and information of the other driver(s) involved, license plate and driver’s license numbers, eyewitnesses, and even photos of the crash site as well as images of your physical injuries. As soon as possible, write a personal account of the crash as your memory can fade quickly.
  3. Contact law enforcement and get a police report. By involving law enforcement immediately following the crash, you will have an official and objective third-party who will help to gather the facts, as well as help to determine who is at fault. The police officer’s judgment will factor heavily into any subsequent legal claims for compensation. Follow-up at the police station to acquire the official police report for your records.
  4. Keep track of all medical bills and expenses. From the moment you leave the crash, whether in an ambulance or on your own, you should carefully document how the crash has affected your life. This includes not only direct medical bills and property repairs but also lost wages, mental anguish, etc. Keep all receipts and pay stubs. The crash may be over but the results of a personal injury may be just beginning and can last for years or even affect you permanently.
  5. Contact De La Garza Law Firm as soon as possible. Your immediate focus after a vehicle accident should be caring for your health and well-being, but as soon as you can, contact an experienced and qualified attorney who can shoulder the burden of handling the legal processes of filing a claim. Please note: stay clear of ambulance chasers. These are law firms and lawyers who seek out personal injury victims only to accept the first settlement offer so that they can make a quick dollar.

Common Causes of Motor Vehicle Accidents

Often times, victims of a motor vehicle accident – whether they are a driver or pedestrian – suffer because of several common causes that include:

  • Bad weather conditions
  • Distracted or negligent drivers (i.e. texting, grooming, eating, focus on the radio, etc.)
  • Driver running red lights
  • Design defects in the vehicle
  • Tailgating (following the car in front of you too closely)
  • Wrong-way driving and improper turns
  • Tire blowouts
  • Sudden stops
  • Failure to yield right-of-way
  • Inexperienced driver
  • Animal crossings
  • Potholes
  • Driving under the influence of alcohol or drugs
  • Inexperienced or elderly drivers
  • Speeding

Texas Car Accident Insurance Laws

The state of Texas operates under a “fault” system, meaning that those who are liable for the accident may be responsible for the resultant damages. Insurers will determine fault in an accident before they provide coverage. Injured victims will then file a claim with the insurance company of the at-fault driver. A period of 15 business days is granted to either accept or reject a claim after receiving all relevant information and statements, under Texas Insurance Code 542.056. Additional time may be taken, but the insurer must contact you within 45 days. Once a claim is approved, §542.057 mandates that payment is made within five business days, in most situations.

This system differs in comparison to no-fault states, in which injured parties can access benefits from their own insurance company following an accident, regardless of fault.

Texas Car Accident Statistics

  • Texas is first in the nation for the number of traffic accident fatalities.
  • There were 249,241 people injured in vehicle accidents in 2018, with 14,908 people sustaining a serious injury.
  • Not a single day went by in 2018 without there being a car accident fatality in Texas.
  • One person was injured every 2 minutes 7 seconds, and one person killed every 2 hours and 25 minutes.
  • Of the total number of 2018 accident fatalities, 26% were caused by a driver under the influence of alcohol.

Types of Compensation You Can Receive

In the state of Texas, compensation for a personal injury suffered in a motor vehicle accident is determined by “modified comparative fault.” This basically means that the compensation you may be able to recover is adjusted according to the percentage of responsibility you have for the accident.

For instance, if you are responsible for 20 percent of the accident, then you would only be able to recover 80 percent of the compensation that is awarded to you. It’s also worth noting that if you are found to be 51 percent at fault, you CANNOT recover any compensation.

The types of compensation you can receive for personal injuries in Texas include but is not limited to:

  • Medical expenses (past, current, and future)
  • Loss of earnings (past, current, and future)
  • Disfigurement
  • Loss of quality of life
  • Emotional pain and suffering
  • Loss of consortium

If you sign any documentation or accept a settlement from any insurance company, you may be waiving your right to seek full compensation in the form of a personal injury lawsuit. Contact a McAllen car accident lawyer before signing anything.

We Are Here To Help

Contact our office today to schedule a free consultation. Let us listen to your problems and tell you how we can help. If you don’t want to move forward, you are under no obligation to do so. Call (956) 533-1426 or fill out our online form to get started.

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During the COVID-19 crisis, De La Garza Law is open for business and continues to be available to existing and new clients through virtual meetings and teleconferences. We can handle all of your legal needs without you leaving your house. Please, call (956) 533-1426 or contact us here to be connected to our attorneys who can get to work on your case.