Car Accident Attorney McAllen Texas
A personal injury is an injury to the mind, body, or emotions as a direct result of another person’s actions. In terms of a car accident, it usually involves some sort of negligence or wrongdoing on the offending driver’s part. When you are injured in a car accident that was not your fault, you may have to file a claim against the negligent driver and their insurance company to recover your losses.
Car Accidents by the Numbers
According to the National Center for Health Statistics, there are over three million personal injuries and 41,000 deaths each year because of automobile accidents. That means the average person has around a 1 in 100 chance of being injured in a car crash in any given year. That is a staggering figure. Many of these accidents will end up being litigated through auto accident lawsuits. Because the average person is not familiar with the insurance industry or the legal system, it is always best to hire a personal injury attorney who handles car accident claims to represent you if you are injured.
What to Do if You are the Victim of an Automobile Accident
If you are involved in a car accident, it is understandable that you will probably not be thinking clearly. It helps to have an idea in your head of what you should do in this situation. We recommend the following steps if possible:
- If you are conscious and able to move around at the accident site safely, try to get contact information from any witnesses.
- When you are calm and thinking clearly, take the time to write down everything you remember about the accident. When you have been injured and traumatized, your memory may be unreliable. Taking notes right after the accident will help keep the events clear in your mind.
- Present any evidence that may support a future claim to the police or try to preserve it for the future.
- After the accident, talk about what happened as little as possible. You may have to give the police a statement, and you certainly want to answer any questions that medical personnel have if they are treating you for an injury.
- You may want to contact your attorney for advice as soon as possible or give serious thought to hiring an experienced auto accident lawyer.
- If you are contacted by a representative of the person you feel was at fault in the accident or their insurance company, do not discuss anything with them. Immediately refer all questions to your attorney.
What Kind of Damages Can I Recover in Texas?
Depending on the type of accident and the extent of your injuries, you may be entitled to damages for the following:
- Medical expenses: This can be anything from minor or major injuries as a result of an accident. Often it includes such things as ambulance fees, surgeries, physical therapy, prosthetics, examinations, prescriptions, and both in-patient and out-patient services.
- Permanent disability or death: This is compensation for critical injuries, such as losing a limb, having a traumatic brain injury, or becoming paralyzed, which are permanently life-altering. In the case of car accident fatalities, surviving family members have the right to sue on behalf of the deceased.
- Pain and suffering: This is when you are the victim of an accident that has affected the overall quality of your life. Examples of this are repeatedly painful migraine headaches as a result of a head injury or emotional damage that is directly associated with the accident.
- Lost wages: These can be wages lost while receiving treatment as a result of being a victim of an automobile accident or if your potential for future earnings has been reduced as a result of auto accident injuries.
- Loss of affection or companionship: This is one of the more difficult aspects of a claim to prove. It can be a result of such things as the emotional loss of a companion who is the victim of an accident. It can also include the loss of your ability to give and receive affection in your personal relationships because of injuries you sustained in an accident.
Can I Still Recover Compensation if I Was Partially at Fault?
Each state has its own laws when it comes to liability and compensation. The state of Texas uses the modified comparative negligence method. Under this law, also known as proportionate responsibility, a person cannot recover damages if they are more than 50% at fault for an accident. What this means is that a person who is mostly at fault for an accident—51% or more—cannot pursue a legal action to obtain compensation for damages.
If you are 50% or less at fault for an accident, then your compensation decreases by your degree of liability. For example, if you have $100,000 in damages and are 20% at fault, then your compensation will decrease by 20% and you will receive $80,000 instead.
However, if you have no-fault insurance coverage, such as health insurance or Med-Pay coverage, then you may be able to receive compensation through those options.
What are the Most Common Causes of Car Accidents?
Sadly, there are many acts of negligence that can cause a car accident. The most common of these include:
- Distracted driving: Texting while driving is illegal throughout Texas, but phones are not the only distractions drivers face when on the roads. Any time a driver takes their eyes off the road, a crash can easily occur.
- Driving under the influence: When drivers are impaired by alcohol or drugs, they have slower reactions, exercise poor judgment, and experience perception issues. Any one of these could cause an accident, but when combined, a collision is much more likely.
- Drowsy driving: Drowsy driving is such dangerous behavior, it has been compared to drunk driving. Drivers experiencing extreme fatigue may not focus on the road as well as they should, and cause an accident as a result.
- Speeding: Speeding is a common cause of motor vehicle accidents, but it also increases the severity of any crash, as well.
- Reckless driving: Following other vehicles too closely, driving at excessive speeds, road rage, and weaving in and out of lanes are just a few forms of reckless driving. These actions are extremely dangerous and will likely result in an accident.
- Failing to follow traffic signs and laws: Running red lights and stop signs, and failing to yield when necessary are just three ways in which drivers disregard traffic laws and signage. Traffic laws are in place for a reason and when they are disregarded, accidents will ensue.
- Road conditions: It is not always other drivers that cause accidents. Poor road design, improper signage, large potholes, and more can also cause a crash.
If you have been hurt in a car crash, our McAllen car accident attorney can help you claim the full damages you deserve.
What are the Most Common Injuries Sustained in Car Accidents?
A car accident can cause a person to suffer injuries to any part of their body. It depends on the severity and impact. Some of the most common injuries include:
- Whiplash. When people think of car accident injuries, whiplash often comes to mind. Whiplash refers to neck pain caused by damage to soft tissues such as tendons, ligaments, and muscles. Whiplash can happen in low-speed crashes.
- Traumatic brain injuries. A blow or piercing injury to the head can cause a traumatic brain injury. These injuries can range from mild to severe and cause damage to the entire body. More than 50,000 people die from traumatic brain injuries every year.
- Spinal cord injuries. The impact of a crash can result in spinal cord injuries. Severe injuries can result in paralysis to the upper body, lower body, or both.
- Internal injuries. Most injuries from a car accident are external and can be easily noticed. However, some are internal and do not appear for days or even weeks. These injuries may occur when the body is pushed into a part of the vehicle. Internal injuries can be deadly, so they need to be caught quickly.
- Facial injuries. A serious crash can cause a person to hit a steering wheel, windshield, dash, or airbag. The impact can result in injuries to the face. These injuries may include lacerations, which can result in scarring and other disfigurement, which can lead to embarrassment and social anxiety.
- Broken bones. The impact of an accident can cause bones to break in virtually every part of the body. Broken wrists, ankles, arms, legs, and ribs are common, as are broken pelvises. They may be simple breaks or they may be severe ones that require surgery.
- Post traumatic stress disorder. Some injuries from a car accident are emotional in nature. Being in a car accident can be so stressful that you avoid driving or being in a car altogether afterward. Post traumatic stress disorder (PTSD) often requires mental help to treat and you can get compensated for this.
How Can a McAllen, TX Car Accident Lawyer Help With Your Claim?
You are not required to work with a car accident lawyer in McAllen, Texas, after being injured in a crash. However, to ensure you obtain the full financial compensation you are entitled to, it is important that you do. The time after a crash is one of recovery and your main priority should be on simply getting better from your injuries. As you receive treatment and recover, a lawyer will handle every aspect of your claim. One of the most important is collecting evidence that will prove your case. Initially, a lawyer will collect the following evidence:
- Your own description of what happened
- Statements from eyewitnesses
- Testimony from expert witnesses
- Police reports
- Video footage from dash cams and surveillance cameras nearby
- Videos and photos of the aftermath of the crash
- Documentation pertaining to the vehicles and drivers involved, or the incident itself
- Physical objects, such as a bumper that came off a vehicle to rest in the road
- Your own medical reports and records
How much is my car accident case worth?
This will depend on your crash, as each car accident case is different. In Texas, car accident victims receive compensation based on the worth of their losses. This means that there is no average, or standard amount, and each case must be examined individually. Reach out to our McAllen Car Accident Attorney today to see how much your case is worth.
Where are your offices located?
We have offices in McAllen, Edinburg, and Brownsville, we serve all residents of South Texas. it is important to speak with an experienced car accident attorney like us at the Law Office of Raúl A. Guajardo, P.L.L.C., who can evaluate the facts of your case and advise you accordingly.
What should I do after a car accident in McAllen TX?
If you are involved in a car accident in Texas, first call the police and report the accident. You should then gather information from the accident, take photos, seek medical care, then call Attorney Raul Guajardo.
How much does it cost to hire a car accident lawyer?
Fees vary among each law firm. Attorney Guajardo will go to bat for you and seek the compensation you deserve. it is important to hire a car accident lawyer, and speak with attorney Raúl A. Guajardo, who can evaluate the facts of your case and advise you accordingly.
How long do I have to file a car accident claim in Texas?
In Texas you have 2 years (from the date of the car accident) to file a claim. If you fail to file your claim within the time allowed, you may end up losing your right to seek a financial recovery. It is important to speak with an experienced personal injury lawyer like us at the Law Office of Raúl A. Guajardo, P.L.L.C., who can evaluate the facts of your case and advise you accordingly.
Which roads and intersections in McAllen, Texas, are the most dangerous?
A: According to the McAllen Police Department, the intersection of 10th Street and Pecan Boulevard is considered one of the most dangerous in McAllen, Texas. Other areas that have seen an increase in traffic accidents include Nolana Avenue and 23rd Street as well as 10th Street and Ware Road. Additionally, an analysis conducted by The Monitor reported that Bicentennial Boulevard between Nolana Avenue and 2nd Street is also a high-traffic area with a higher rate of accidents. Lastly, 23rd Street from Nolana Avenue to Pecan Boulevard has been identified as a particularly hazardous road to drive on due to its high volume of vehicles.
Why should I hire a McAllen Car Accident Attorney at the Law Office of Raúl A. Guajardo, P.L.L.C. after an auto accident in Texas?
Hiring a Texas Car Accident Attorney from the Law Office of Raúl A. Guajardo, P.L.L.C. is recommended after a car accident in Texas for several reasons. First, an attorney can help you understand your legal rights and determine if you are eligible to receive compensation for your damages and losses due to the accident. Second, they can evaluate your case and accurately calculate the amount of compensation that should be sought from the responsible party or their insurance company. Lastly, they can handle all negotiations with insurance companies on your behalf while providing you with legal advice throughout the process to ensure that you receive a fair settlement offer.
What causes car accidents in Texas?
A: Car accidents in Texas can be caused by a variety of factors, including driver distraction, drunk or impaired driving, excessive speed, following too closely, impaired driving, running red lights or stop signs, and failing to yield the right of way. Additionally, bad weather conditions such as rain or snow can contribute to increased car accidents. Poor road infrastructure and vehicle malfunctions can also contribute to the likelihood of an accident occurring.
Who Is Responsible For My Car Accident And Injuries?
A: Depending on the circumstances of your car accident, the responsible party could be another driver, a government agency, or even a mechanic. The fault is determined by looking at who was negligent in operating their vehicle or equipment. If it can be established that another driver was negligent in their driving and caused your accident, then they would likely be held responsible for any resulting injuries. Additionally, if any defective parts were involved in causing or contributing to your accident, then the manufacturer and/or installer may also be held liable for related damages. At the Law Office of Raúl A. Guajardo, P.L.L.C., we’ll help you identify all liable parties if you’ve been in a car accident in Texas.
Can I recover compensation if I share some of the blame for a car accident in Texas?
A: Yes, you may be able to recover compensation if you share some of the blame for a car accident in Texas. The amount of compensation you can recover depends on your degree of fault or negligence in causing the accident. If your responsibility is greater than 50%, then you will not be able to recover any damages from the other party. However, if your responsibility is less than 50%, then a court might award you a reduced number of damages based on your percentage of fault.
What happens if the other driver in a car accident was uninsured?
A: If the other driver in a car accident in Texas was uninsured, the injured person can still receive compensation for their losses. Depending on the circumstances of the accident, this may come through an uninsured motorist policy or personal injury protection insurance. If neither of these is available, a lawsuit against the other driver may be necessary to recover damages. Finally, it is important to note that in Texas, additional penalties exist for drivers who do not maintain valid liability insurance.
What damages are available if I’m injured in a car crash in Texas?
A: Depending on the circumstances of the car crash, you may be eligible for economic damages, such as medical bills, lost wages, and other expenses related to your injuries. Additionally, you may also be able to receive non-economic damages for pain and suffering or loss of quality of life. Punitive damages can also be awarded in cases of gross negligence or intentional misconduct. To determine which types of damages you are eligible for, it is important to speak with an experienced personal injury lawyer like us at the Law Office of Raúl A. Guajardo, P.L.L.C., who can evaluate the facts of your case and advise you accordingly.
After collecting evidence, a lawyer will then build a solid case, while handling the administrative aspects of your claim as well, such as making sure it is filed in time. Once a lawsuit is filed, a lawyer will then utilize the discovery process to collect even more evidence for your case that will make it even stronger.
The Law Office of Raúl A. Guajardo offers caring, dependable representation from an honest attorney. Our McAllen auto accident lawyer believes in working hard for our clients to ease the stress and burden a car accident brings. Contact us today to schedule a FREE, confidential consultation. In this consultation we guarantee you will leave with three things:
- A detailed explanation of your situation
- Information on how to proceed and what your options are
- Peace of mind knowing you have someone to help guide you and who is on your side.
Get the auto injury help you deserve.