McAllen Car Accident Lawyer

In a car accident, you may face the financial stress of lost wages, medical expenses, property damage, and pain and suffering. You are also facing the physical toll of the injuries you sustained from the accident. It can seem like an impossible task to recover compensation for your losses. You can alleviate some of these challenges by hiring a McAllen car accident attorney. TK Injury Lawyers is here to help you during this process.

Why Choose TK Injury Lawyers for Your Car Accident in McAllen?

You have many options for personal injury firms in McAllen, but none are like TK Injury Lawyers. We fight for our clients tooth and nail. We know how the big insurance companies work, and we work harder. When you choose TK Injury Lawyers, you benefit from the following:

• Over 70 years of combined personal injury experience
• A law firm that has recovered $75 million for our clients
• Contingency fee, so you do not pay unless we win your case
• Jim and Terry are life members of the Million Dollar Advocates Forum thanks to our clients
• Working directly with your personal injury attorney and not simply being thrown to our support staff
• Super Lawyers 2021 top personal injury lawyers in Texas selection
• An on-staff board-certified attorney in Tom Gehring

How Can A Car Accident Lawyer Help?

When you hire a car accident lawyer from TK Injury Lawyers, we will take over the investigation and collect evidence for your case. We can play a pivotal role in protecting your rights and securing compensation. Some of the ways we can help are by:

• Request and review police reports
• Interview and depose eyewitnesses
• Getting medical records for your injuries and treatment
• Review any medical release documents from the insurance company
• Working with the latest technology and experts to reconstruct the accident scene
• Handling communication with the insurance company
• Negotiating a fair settlement with the adjuster or opposing counsel

McAllen car accident attorneys from TK Injury Lawyers have decades of experience handling personal injury matters. We know how to recover maximum compensation and thwart any efforts by the insurance company to delay your claim. Sometimes, we must prepare your case for trial because the insurance company refuses to offer a fair amount.

When Do I Need a Car Accident Lawyer?

It can be complicated to handle your car accident claim alone. While it is possible, it is challenging. Some situations when you need a car accident attorney in McAllen include:

• Suffering severe injuries from the crash
• Extensive property damage
• Multiple vehicles or parties are involved
• A semi-truck was involved
• Liability is complex or contentious
• There were roadway defects
• Road signage was a contributing factor in the collision

It is best to schedule a free case review regardless of the issues with your case. During a consultation, TK Injury Lawyers can weigh your case’s merits and complications. We will be honest about whether you need legal representation and what you can expect moving forward.

Benefits of Hiring a Car Accident Lawyer

The most significant benefit of hiring a McAllen car accident lawyer is increasing your chance of obtaining total financial compensation. Your main priority should be on getting better and focusing on rebuilding your life. An essential benefit is evidence collection. TK Injury Lawyers will collect:

• A personal statement from everyone in your vehicle
• Police reports
• Eyewitness statement
• Expert witness testimony
• Video footage from surveillance cameras and dashcams
• Pics and videos of the aftermath of the crash
• Physical evidence like bumpers, tires, etc.
• Insurance documents
• Vehicle documents, including registration and maintenance records
• Medical reports and records for you and others involved

The investigation process will be crucial, but there are other benefits of having a McAllen car accident attorney, such as:

• Dealing with the insurance company
• Alleviating your stress so you can focus on your recovery
• Ensuring you get the medical attention you need
• Handling negotiations and litigation

McAllen Car Accident Statistics & Common Causes

The Texas Department of Transportation has a database named Crash Records Information System. It gathers data about all car accidents in McAllen and the surrounding areas. The latest annual report states there are over two thousand collisions. It is equivalent to 6.5 collisions daily. Other statistics of note include:

• There were eight fatal crashes resulting in ten deaths.
• 409 collisions resulted in minor injuries
• 34 accidents lead to severe injuries
• There were 1,033 crashes with potential injuries. This category is tricky as these injuries could have been reported later, or there is some contention.
• In positive news, 4,163 individuals were uninjured in 842 crashes.

The cause of these accidents typically came down to driver error. For the same reporting year, the top contributing factors in McAllen collisions include:

• Drinking and driving: in McAllen, 5.3% of collisions involved intoxicated drivers. Alcohol was involved in one of twenty crashes. Intoxication led to 50% of all fatal accidents.
• Failing to control speed: Nearly 34.6% of collisions resulted from speeding drivers in McAllen. This is not too far from the national average.
• Ignoring stop signs or red lights accounts for 13.8% of car accidents.
• Failing to yield right of way: this can happen at two primary locations: private drivers or when turning left. There were 6.9% of accidents that occurred when a driver was entering or exiting a private driveway. Failing to yield when turning left accounted for 6.7% of collisions.
• Exiting the lane: when a driver uses multiple lanes or swerves out of their lane, it can be challenging for anyone around to react. These situations caused 5.2% of crashes.

While these are the prevalent causes of accidents in the area, there are many other ways that a collision can happen. Another concern you can encounter is thinking the cause of the accident is one thing, but it is a different cause altogether. A McAllen car accident lawyer can investigate and find the actual cause. TK Injury Lawyers has decades of experience helping victims in McAllen and the surrounding areas.

What Compensation Can I Receive for a Car Accident?

Compensation for car accidents will vary by case. Individuals in the same accident will also have different recovery options based on their injuries. Modified comparative negligence is another contributing factor in compensation recovery. It may not apply to every case, but if the court finds you partially contributed to the collision, you can still get payment for your losses. The caveat is that your fault percentage will lower your settlement.

You could be eligible for two monetary damages: economic or noneconomic. Accident losses should be accurately calculated so you can negotiate with the insurance company. Often, they will send low offers and get you to sign documents before you know the extent of your injuries. This is a tactic so they do not pay more than they want. Once you sign any paperwork, you can lose your right to pursue compensation.

Damages You Can Recover in Car Accident Claims in Texas

Depending on your injuries, you may accumulate substantial medical bills. You could also be losing wages and getting to the end of your savings. Some injuries require lifelong care. You may need to get training or education for a new job. You will want to negotiate for compensation that covers all of your losses, including:

• Disfigurement
• Loss of consortium
• Medical care for past, current, and future losses
• Loss of quality of life
• Property damages
• Emotional or physical pain and suffering
• Lost earnings or future earning potential
• Wrongful death damages when a loved one dies

Insurance companies are notorious for taking advantage of car accident victims when they are most vulnerable. They will use your desperation to convince you to accept their offer. Often, these offers do not cover all of your loss. They are trying to save money, and they know they have a better chance of doing so if they reach out to you early on. Our McAllen car accident attorney knows their tactics, and we will ensure they do take advantage of you.

Common Injuries Resulting From Car Accidents

Due to the commonality of car accidents, many people are under the impression that injuries are usually minor. The opposite is true. Thousands of people suffer serious injuries or die in collisions. These injuries can result in months or years of medical treatment. It is an uphill battle trying to get better. Common injuries from McAllen car accidents include:

• Soft tissue injuries: from the impact of your accident, your muscles, tendons, and ligaments can stretch and tear. That can happen to other soft tissues in your body. Whiplash is a prime example of a soft tissue injury.
• Head and brain damage: you can suffer a traumatic brain injury if something in the vehicle penetrates your skull or you hit objects. These injuries can lead to permanent complications like physical or cognitive impairments.
• Chest injuries: you may hit your chest on the steering wheel or other objects, which can lead to injury. You could suffer bruises, contusions, or broken ribs.
• Internal organ damage: some injuries happen internally. A broken rib can lead to a subsequent injury to your lungs. You could experience difficulty breathing. Internal injuries can be challenging to detect without the proper medical examination.
• Spinal cord damage: your spinal cord controls a lot of your body, and when it suffers an injury, your range of motion can be heavily impacted. The most sensitive areas of your spinal cord are your back and neck. You may suffer nerve damage, disc herniations, and loss of sensation. Permanent paralysis and loss of control over your body are also possible.

Most Dangerous Roadways for Car Wrecks in McAllen, TX

Some areas throughout McAllen are more likely to see accidents than others. You can use extra caution when driving in these areas. Remember, even if you avoid these areas or use caution, you may still be in an accident elsewhere. The most dangerous area in McAllen is Highway 83. Other treacherous locations include:

• 23rd street
• Ware street
• 10th street
• Nolana Avenue
• Business highway 83
• Nolana Avenue and McColl Road
• Jackson Avenue and Sam Houston Blvrd
• US 83 Frontage road and Ware road
• Ridge Road and Bicentennial Blvd

Car Accident Claim Process

The claims process can vary slightly depending on individual case facts. The most common steps in a McAllen car accident lawsuit include:

• Reporting the accident to the insurance company
• Sending a demand letter or package: A demand letter will outline the case facts, your damages, the circumstances of the collision, and your future medical needs. It will also ask for a settlement amount.
• Building a case: if the insurance company refuses your demand package or sends a lower counter, we will continue to build your case. TK Injury Lawyers will continue to gather medical bills and relevant documentation to craft a solid case outlining negligence and your damages.
• Filing a civil lawsuit: negotiations will continue throughout their litigation phase. If necessary, we will file an official lawsuit with the local courts. The defendant will be served.
• Discovery: This is where both sides will request documents for their relevant strategies. This may include depositions and the exchange of information.
• Negotiation will continue, and mediation and arbitration will be alternative forms of resolution.
• Trial: both sides will present their arguments, and the court will decide the outcome. This is expensive and is rare.

Types & Causes of Car Accidents

You will see various types of car accidents throughout McAllen. TK Injury Lawyers handles various types of collisions. Some of the most common include:

• Side impact: often referred to as T-bone or broadside crashes. They happen when the front of one vehicle hits the side of another. You will often see these collisions in parking lots and intersections. Usually, the occupant on the side where the impact occurred suffers the most severe injuries.
• Rear end: when the front of one vehicle strikes the back of another, it is a rear-impact crash. Many contributing factors can lead to these crashes, such as distractions, tailgating, reduced traction, and panic stops.
• Head-on: when the front of two vehicles collide, it is a head-on crash and is often devastating. These collisions usually involve fatalities. These accidents can happen when there are distractions or a driver veers from their lane into oncoming traffic.
• Rollovers: these collisions have many contributing factors, such as the environment, road, and driver actions. Even the vehicle type can factor into a rollover. These crashes often happen on highways where a vehicle is thrown off and rolls into a ditch or embankment.

You might be wondering what causes the aforementioned car accidents. Well, an accident can happen for many reasons. You could be in an accident because an animal is crossing the road and causes a distraction. Some common causes of crashes include:

• Speeding
• Running a red light
• Inclement Weather
• Tailgating
• Potholes and improper roadway maintenance
• Distractions in or outside the vehicle
• Vehicle defects
• Failing to yield the right of way
• Tire blowouts
• Improper turns
• Wrong way driving
• Inexperienced drivers
• Drug or alcohol intoxication

Texas Statute of Limitations for Car Accidents

While you have the right to pursue compensation and file a lawsuit, you do not have unlimited time. When the deadline passes, so does your right to sue. The court can automatically dismiss your case. In Texas, the lawsuit deadline is two years from the accident date. There are few exceptions to these rules, and they rarely apply to car accident claims. You should identify the deadlines relevant to your cases early to avoid surprises.

Settling Out of Court vs. Going to Trial

Many cases are resolved out of court, but there is always a possibility that your case will go to trial. The further your case goes, the longer you may wait for your settlement. Sometimes, an insurance company can settle a case out of court within 90 days after you complete medical treatment. In most cases, it is better to settle out of court. However, for complex and contentious cases, going to trial is the only way to get compensation.

Some considerations that can determine whether you can settle out of court or if you should go to trial include:

• Severity of injuries
• Number of insurance companies involved and their responsibility to your demand letter
• Length of your medical treatment
• If you will need future medical treatment
• The insurance company’s willingness to agree on liability
• Amount of evidence you have to prove your case
• If your injuries will impact your life in the future. Permanent injuries may lead to contentious negotiations, resulting in a trial.

TK Injury Lawyers will assess your case and determine how likely it is to settle in or out of court. We will work to get you the best result possible and are not scared to go the extra mile.

What to Do After a Car Accident in McAllen

This is shocking to hear, but the steps you take following a McAllen car accident will have a significant impact on your settlement and how the insurance company handles your case. You will want to establish the basics early on for a better shot at compensation. Some things you can do that are beneficial to your case include:

• Take your injuries seriously: many times, people will dismiss an injury as minor and then find out later that it is severe. Sometimes, parties are in a rush or do not want to deal with the medical evaluation process. An injury is an essential fact of your car accident case. You should not ignore any injuries you sustain.
• Gather information from the scene: this is important, but it can be challenging when you suffer severe injuries. Some victims are unconscious and, in those cases, cannot complete this step. Gather driver and license plate information. Photos of the crash site and eyewitness information can also be beneficial. When you get home, write down an account of the accident. Include your viewpoints and every detail you remember.
• Inform the authorities and get a police report: law enforcement can provide an unbiased third-party assessment of the situation. They will conduct a preliminary investigation to gather facts. They will then base their opinion of fault on what they recover. Their assessment will heavily impact your insurance claim. They will file their report, and you can pick it up within a few days at the local police station.
• Keep track of your expenses: you should create a folder to store any relevant documents for your case. This may include medical bills, property repair estimates, pay stubs to help with lost wages, etc. You should keep all bills and receipts in one place and provide your legal team with copies. A pain journal will also be beneficial since you will detail how the crash and your injuries affect your daily life.
• Schedule a consultation with a car accident lawyer in McAllen: you should focus on your health and not the legal process. While medical attention is the primary focus, you should speak to TK Injury Lawyers as soon as you can. Let us shoulder the legal burden of filing an injury claim.

Call a McAllen Car Accident Lawyer

Injured in a car accident? Talk to a McAllen car accident lawyer from TK Injury Lawyers today. Call our office to schedule a free consultation.