The steps you take after getting into a car accident in McKinney, Texas can determine your financial future. Rather than having to pay for your damages and expenses out of pocket, you may be able to hold someone else financially responsible. You will have to prove the party’s liability for your accident, however, to receive compensation.
Contact an attorney
from the Law Firm of Aaron A. Herbert, P.C. if you need assistance bringing or proving a car accident claim in Collin County, Texas. We take clients on a contingency fee basis, with no legal fees if we do not win the case.
Why Hire Us?
- Our car accident attorneys have the ability to go up against a driver, insurance company or another entity in court if your case cannot reach a resolution during settlement negotiations.
- Our lawyers develop long-lasting relationships with their car accident clients, providing total support for their financial, emotional and physical wellbeing during the claims process.
- Our law firm takes on 100% of the risks involved in pursuing a car accident claim. We front all the expenses related to bringing a case and only charge legal fees if we win. You will pay us out of an award won, not out of pocket, win or lose.
Why Car Accident Victims Need Attorneys
Whether this is your first experience with a car accident, or you have been in one before, a car accident lawyer can help you with the claims process. A lawyer will be on your side for the duration of your case rather than working for an insurance company or investors. You can trust your car accident attorney to do only what serves your best interests. While you go to the hospital, spend time with loved ones and try to move forward, your attorney will handle the complicated aspects of your auto accident or wrongful death claim, such as:
- Help you understand your rights and legal options as a crash victim.
- Investigate the crash and hire accident reconstruction experts.
- Collect evidence of the other driver’s negligence or fault.
- Help you build a personal injury claim and seek fair financial compensation.
- Take care of communications with a car insurance claims adjuster.
- Negotiate for a fair settlement or take your car accident case to trial, if necessary.
A lawyer will save you from accepting less than your injuries demand from an insurance claims adjuster.
The adjuster has been trained to settle each case for as little money for the claimant as possible. Rather than falling for the tactics used by an adjuster, your lawyer will demand maximum compensation and support your claim with compelling evidence. While no amount of money can take back your injuries, fair compensation with help from a lawyer can help you pay for your necessary medical care and move on.
What to Do After a Car Accident
If you get involved in a car accident in Texas, try to remain calm and remember the correct steps to take. You must protect your health and safety first, then assess the situation as much as you can to understand your legal rights. While these steps may vary slightly in a unique situation, such as a hit-and-run accident or pedestrian accident
, the basic actions to take after a car accident are as follows:
- Pull your vehicle over immediately and check yourself for injuries.
- Exit the car when it’s safe to do so and check your passengers and others involved in the crash for injuries.
- Report the wreck to the police by calling 911 if there are injuries or deaths.
- Gather the other driver’s information and speak to eyewitnesses.
- Do not admit fault for the accident or apologize to the other driver.
- Speak to the police to tell them your side of the story. Get your police report number before you leave.
- Take photos and videos at the crash scene, if possible.
- Go to a hospital in McKinney for your injuries without delay. Prompt medical treatment can protect your health and strengthen your insurance claim.
- Call your auto insurance company to report the crash.
- Consult with a car accident attorney before signing anything sent to you by an insurer.
Remember, a car insurance company does not want what is best for you. It will try to pay you as little as possible to protect its own profits, even if you’ve been badly injured and the crash wasn’t your fault. This is why it is important to speak to an attorney before accepting an insurance settlement. An attorney can guide you through all of the steps to take after a car accident in McKinney, as well as protect you from insurance bad faith.
Common Causes of McKinney Car Accidents
Automobile accidents send more people to hospitals in Texas than most other causes of unintentional injuries. In 2020, the Texas Department of Transportation
reported 12,107 serious injury and 3,896 fatal car accidents in the state. In McKinney, there were 1,373 total car collisions. Most, if not all, car accidents in Texas are preventable. Collisions occur most often when one or more parties breach their duties of care. Any act of negligence behind the wheel, no matter how small, could result in a serious car accident. Common examples include:
Sometimes, it is not the other driver that causes a car accident, but factors outside the cab of the vehicle. A faulty roadway, for example, could cause a car accident through a defect such as loose rubble or a pothole. Another possibility is a defective or dangerously designed vehicle or car part. Consult with our lawyers in McKinney to find out who or what might have caused your recent car accident. Many cases involve multiple defendants.
Types of Car Accident Injuries
A crash involving a car, motorcycle or truck can have serious consequences for victims. Crash survivors can suffer significant physical and emotional injuries that stay with them for life. The most vulnerable road users – bicyclists and pedestrians – are especially susceptible to serious injuries in accidents. At The Law Offices of Aaron A. Herbert, P.C., we can help you seek justice for any type of car accident injury, including:
- Broken bones
- Muscle and soft-tissue injuries
- Neck injuries and whiplash
- Organ damage and internal bleeding
- Scarring and disfigurement
- Burn injuries
- Road rash or lacerations
- Spinal cord injuries and paralysis
- Traumatic brain injuries
- Permanent disability
- Wrongful death
Regardless of the nature of your injuries, you may be eligible for financial compensation from one or more insurance companies. Our attorneys have the experience and knowledge to help you with any kind of crash-related injuries, including a loved one’s catastrophic injuries. We can use aggressive legal strategies to demand the financial compensation that your family needs to pay for related bills and move forward.
Who Pays for a Car Accident in Texas?
The person who is responsible for paying for a car accident depends on several factors, but one of the most important is how the state handles car insurance claims. There are fault and no-fault states. Texas is a fault state, meaning the insurance carrier of the at-fault party is responsible for paying for the damage. All drivers in Texas must carry minimum amounts of liability insurance to pay for the medical expenses and property damage of others. After a car accident, you will file a claim with the at-fault driver’s car insurance company to access this coverage.
Other drivers are most commonly responsible for car accidents in McKinney. If someone other than a driver caused your wreck, however, you can file a claim against that person or party. If the driver was driving for work, for example, you may have grounds to file a claim against the driver’s employer. The fault law requires you to establish the grounds of your case based on clear and convincing evidence, however. An attorney can help you find proof of fault to support your insurance claim or lawsuit.
What if the Other Driver Doesn’t Have Insurance?
Car insurance or an acceptable proof of financial responsibility is a legal requirement for all drivers in Texas. If you find out that the at-fault driver involved in your car accident does not have insurance
or the means to pay for your losses, report it to the police immediately. Then, call your own car insurance company to file a claim. Ask the insurance agent if your policy contains the correct type of coverage – first-party insurance to pay for your own losses. This includes uninsured or underinsured motorist insurance.
If you don’t have first-party insurance, contact an attorney to examine third-party liability for compensation for serious injuries. This may be a possibility if someone outside of the crash caused or contributed to your injuries, such as the manufacturer of a defective seat belt. Our attorneys can carefully investigate your crash to identify all potential sources of insurance coverage on your behalf. Take the same steps if you get injured in a hit-and-run accident.
Compensation Available in a McKinney Car Accident Case
If another party caused your McKinney auto accident, that party may owe you compensation for your damages. The compensation that you receive through a successful insurance claim or car accident lawsuit can help you and your family pay for many different losses – both economic and noneconomic. The value of your case will depend on the circumstances. You could receive payments for:
- Medical expenses. The cost of all required medical care, including a hospital, doctor’s appointments, surgeries, medications, medical devices and specialists.
- Vehicle repairs. The full price to cover a mechanic’s bill to repair your vehicle and restore it to the road, or the pre-crash value of a totaled car.
- Lost income. The earnings that you lost from having to take time off of work to recover from a crash, as well as any lost future capacity to earn due to permanent injuries.
- Disability costs. The various costs associated with a long-term injury, including physical therapy and rehabilitation, home or vehicle modifications, and medical devices.
- Legal fees. Reimbursement for the money that you had to spend on bringing the lawsuit and hiring representation.
- Pain and suffering. A damage award for the personal and intangible losses you suffered because of the crash, such as physical pain, emotional distress and post-traumatic stress disorder.
A compensatory award could enable you and your family members to move on from a serious auto accident with financial stability. Before accepting a quick settlement from an auto insurance company, learn the value of your case from an attorney. An attorney will analyze your injuries, the insurance available and other factors to determine what a fair settlement looks like for you.
How Long Do You Have to File a Car Accident Claim in Texas?
There is a law known as the statute of limitations that you must obey if you wish to have a valid injury, property damage or wrongful death claim in Texas. Each state has its own civil statutes of limitations. In Texas, the deadline is two years from the date of the car accident. If you don’t notice your injuries on the date of the crash, you will have two years from the date that you discovered or that a reasonable person would have discovered them to file.
The statute of limitations is shorter if the party you are holding responsible is a government agency. Filing a lawsuit against the government follows the rules of the Texas Tort Claims Act. Section 101.101 of this law states that a victim must file a notice of the claim with the correct government agency within six months of the date of the crash. Different municipalities have the right to decide their own time limits, however. For example, in Houston, there is a 90-day limit and in Austin, the time limit is only 45 days.
It is critical to speak to a car accident attorney as soon as you can after a collision to discuss your right to bring a lawsuit. If you have grounds to hold someone responsible for your crash, you must bring your cause of action within the required window. Otherwise, the courts will either refuse to hear your case or the defense attorney will use the fact that the statute of limitations expired as a defense against liability.
Speak to a Lawyer About Seeking Compensation
At the Law Firm of Aaron A. Herbert, P.C, we take car accident cases involving passenger vehicles, commercial trucks, rideshare cars, motorcycles, buses, bicycles, and pedestrians. Ask how we may be able to help you after a car crash in McKinney. Request a free consultation
at our local office today. Act quickly – you only have two years before the statute of limitations expires. Call (214) 200-4878.