McKinney Car Accident Lawyer

Types of Car Accident Cases We Handle

Understanding what type of car accident you were in is essential so that you can adequately explain the crash to police officers, doctors, and your McKinney car accident lawyer. Examples of common car accident cases include:

Rear-End Collisions 

When drivers follow too closely behind another vehicle, the chances of a rear-end collision increase. Since all drivers must maintain a safe following distance per Texas law, you may be able to prove that the following driver is liable because he was driving too closely behind you. 

Side-Impact Accidents 

Also known as a T-bone crash because the vehicles at the point of impact resemble a T shape, a side-impact accident occurs when the front of one vehicle crashes into the side of another. 

Head-On Crashes

The most dangerous type of car accident is a head-on crash. These accidents occur when two vehicles going in opposite directions hit each other head-on. Additionally, head-on crashes mainly occur on two-way streets or multi-lane roads with no divider separating traffic lanes.

How a Car Accident Injury Attorney May Help

Partnering with an experienced car accident injury attorney may significantly benefit individuals navigating the aftermath of such incidents. Several ways a car accident injury attorney may provide invaluable assistance include:

Legal Knowledge

Car accident injury attorneys are well-versed in the nuances of personal injury law, including the specific regulations and statutes relevant to your case. Their knowledge allows them to navigate the legal complexities, confirming your rights are protected and you receive the compensation you deserve.

Thorough Investigation

Attorneys conduct thorough investigations into the circumstances surrounding the accident. They gather evidence, interview witnesses, analyze police reports, and collaborate with accident reconstruction specialists if necessary. This comprehensive approach helps build a strong case to support your claim.

Determining Liability

Establishing liability is fundamental in car accident injury cases. Attorneys work to determine who was at fault for the accident, considering factors such as negligence, distracted driving, or reckless behavior. This determination is essential for pursuing compensation from the responsible party for your damages.

Dealing With Insurance Companies

Insurance companies often employ tactics to minimize payouts. An experienced attorney will handle communication with insurance adjusters, making sure your rights remain protected throughout the process. They will negotiate on your behalf to achieve a fair settlement that adequately covers your medical expenses, lost wages, and other damages.

Valuating Damages

Calculating the full extent of your damages goes beyond immediate medical bills. Attorneys consider long-term medical costs, rehabilitation expenses, lost earning capacity, and the emotional toll of the accident. This comprehensive valuation helps ensure you receive a fair resolution for all aspects of your injury.

Filing Legal Documents and Meeting Deadlines

Navigating the legal system involves filing various documents and meeting specific deadlines. An attorney will handle these administrative tasks, confirming all required paperwork is submitted correctly and on time.

Representation in Court

If a fair settlement cannot be reached through negotiation, an attorney is prepared to take your case to court. They will advocate for your rights before a judge and jury, presenting a compelling case to secure the compensation you deserve.

Reduced Stress

Dealing with the aftermath of a car accident and pursuing legal action is emotionally taxing. Having a knowledgeable attorney by your side provides peace of mind, allowing you to focus on your recovery while your legal representation handles the complexities of your case.

What Compensation May I Receive for My Injuries? 

Texas is a comparative negligence state, meaning that you must prove the other party’s negligent actions were a direct cause of the accident and their injuries. Proving negligence without an attorney can be challenging, so we always recommend contacting one. 

A successful claim may garner you compensation for: 

• Medical bills 
• Lost wages
• Vehicle repairs
• Pain and suffering 

However, please do not delay. Car accident victims only have two years from the crash date to file a lawsuit in Texas. During this time, the insurance company might try to persuade you that you should settle your car wreck claim without the help of an experienced McKinney car accident lawyer. This is because insurance companies know that an experienced legal professional will understand how to properly value a claim and understand the expenses you could face in the future. You have only one chance to receive total and fair compensation, so make sure you are guided by an experienced car accident attorney looking out for your interests, not someone else’s.

Additionally, it’s important to note that compensation can also cover other expenses such as:

• Rehabilitation costs: Ongoing medical treatments, physical therapy, and any necessary rehabilitation services.
• Emotional distress: The psychological impact of the accident, including anxiety, depression, and PTSD.
• Loss of consortium: Compensation for the impact of the injuries on your relationship with your spouse.
• Future medical expenses: Anticipated costs for long-term medical care or surgeries required as a result of the accident.

By working with a skilled attorney, all potential damages are considered and appropriately valued, helping you achieve the best possible outcome for your case.

Common Causes of Car Accidents in McKinney, TX

Texas is one of the most well-traveled states, which means the roadways are often full of vehicles. With so many drivers on the road, accidents are more likely to occur. Texas saw 12,107 serious injury crashes in 2020.

Unfortunately, 90% of all vehicle crashes result from driver error. Examples of driver error might include: 

• Distracted driving: Anytime a driver takes their eyes off the road or hands off the wheel, it creates a hazardous condition for everyone on the road. Distracted drivers may drift into adjacent traffic or crash into the back of a stopped vehicle. 
• Speeding: When drivers travel over the speed limit, they have less time to react to other vehicles, road hazards, and weather conditions. Additionally, speeding increases the time it takes for a vehicle to stop safely.
• Tailgating: Texas Transportation Code Section 545.062 states that all drivers should keep and maintain a safe distance from the vehicle in front of them. When a driver tailgates, it reduces their reaction time to what is in front of them and increases the chances of causing a crash.
• Drunk driving: Driving under the influence of alcohol or drugs impairs judgment, coordination, and reaction time, significantly increasing the risk of accidents. Intoxicated drivers may have difficulty maintaining control of their vehicles.
• Reckless driving: Reckless driving behaviors, such as aggressive tailgating, weaving in and out of traffic, or disregarding traffic signals, may lead to accidents. These behaviors often result from a lack of consideration for other road users.
• Fatigue: Fatigued driving impairs a driver’s alertness and reaction time. Drowsy drivers are more likely to make mistakes, exhibit poor decision-making, and fall asleep at the wheel, increasing the risk of accidents.
• Poor road conditions: Roads in disrepair, lack of proper signage, or inadequate lighting contribute to accidents. Potholes, uneven surfaces, and construction zones pose hazards to drivers, especially if not properly marked or addressed.
• Running red lights and stop signs: Disregarding traffic signals and stop signs leads to dangerous collisions at intersections. Failing to yield the right of way or running a red light is a common cause of T-bone and side-impact accidents.

Ultimately, it is important to be fully alert at all times when operating a motor vehicle. You should always drive defensively and remain prepared to react to another driver’s errors while on the road. 

What to Do After a Motor Vehicle Wreck

In the immediate aftermath of a car accident, it’s natural to feel overwhelmed and uncertain about what steps to take. Here are some crucial steps to help you protect your rights and strengthen your case:

• Check for Injuries and Call 911: Ensure everyone’s safety and call emergency services if there are injuries.
• Move to Safety: If it’s safe, move your vehicle out of traffic to prevent further accidents.
• Exchange Information: Collect contact and insurance details from all involved parties.
• Document the Scene: Take photos and videos of the accident scene, vehicle damages, and any visible injuries.
• Gather Witness Information: Obtain contact information from any witnesses.
  Report the Accident: Notify your insurance company about the accident.
• Seek Medical Attention: Even if you feel fine, see a doctor to check for any hidden injuries.
• Contact a Lawyer: Consult with a car accident lawyer to understand your rights and legal options.

Taking specific actions following a car accident can significantly impact the outcome of your claim. Here are steps you can take to strengthen your case:

• Seek Medical Attention: Prioritize your health by getting a thorough medical examination.
• Report Your Car Accident to Your Insurance Provider: Inform your insurance company about the accident as soon as possible.
• Take Notes and Keep a Diary: Document your injuries, pain levels, and the impact on your daily life.
  Don’t Sign Releases Without Talking to a Personal Injury
• Attorney: Avoid signing any documents from insurance companies without legal advice to protect your interests.
• Preserve Evidence: Keep all evidence related to the accident, including medical records, repair bills, and communication with insurers.

Should I See a Doctor After a Car Accident in Texas? 

You should always consult with a medical professional after a car accident in McKinney. 

Remember, not all injuries will immediately manifest in the moments following a car accident. As the adrenaline wears off, you may find that you were more injured than you initially realized in the moments after the collision. Seeing a doctor right after an accident is beneficial to your health and your claim. Insurance companies may interpret not seeing a doctor as not having suffered any injuries. Similarly, an insurer may argue that your injuries resulted from a different accident if you wait until symptoms appear to see a medical professional. 

Additionally, your McKinney car accident lawyer may need to call your doctor to testify during the trial. While most cases settle outside of court, there are various reasons why your case may end up in front of a judge. Thus, having a doctor testify to your injuries and their extent may benefit you. 

Can You Pursue Compensation for a Car Accident Even if You Were Partially at Fault?

In Texas, the legal system follows a modified comparative negligence rule, specifically the 51% bar rule. This means you have a right to pursue compensation for your injuries even if you were partially at fault for the car accident. However, there is a crucial condition to this rule.

According to the 51% bar rule, you may seek compensation as long as you are not found to be more than 50% responsible for the accident. If you are determined to be 51% or more at fault, you may be barred from recovering any damages. If your degree of fault is assessed at 50% or less, your compensation will be reduced proportionally to your level of responsibility.

This legal framework underscores the importance of a thorough investigation to establish the extent of each party’s negligence. It is essential to gather evidence and build a strong case to demonstrate the other party’s significant contribution to the accident.

Working with an experienced personal injury attorney is crucial in these situations. Attorney Dale R. Rose will help you navigate the legal complexities, negotiate with insurance companies, and present a compelling case to ensure you receive fair compensation, even if you share some degree of fault for the accident.

Holding Drivers Accountable for Distracted Driving

As a personal injury attorney dedicated to upholding justice, Attorney Dale R. Rose recognizes the devastating impact that distracted driving has on the lives of innocent victims. At our firm, we are committed to holding negligent drivers accountable for their actions and seeking justice for those who have suffered due to distracted driving accidents.

Distracted driving encompasses various activities that divert a driver’s attention away from the primary task of operating a vehicle. In Texas, like many other states, texting while driving is prohibited by law. However, the broader spectrum of distracted driving includes activities such as talking on the phone, eating, adjusting the radio, or engaging in any behavior that takes a driver’s focus away from the road.

When a driver engages in distracted driving and causes an accident resulting in injuries, they may be held legally responsible for the damages they have caused. Dale is well-versed in Texas traffic laws and has a proven track record of holding distracted drivers accountable for their negligence.

Elements of Negligence in a Car Accident Claim

Like many other states, Texas abides by an at-fault insurance system. In other words, those injured in a car accident generally have legal grounds to file a claim for compensation against the responsible driver. However, it is crucial to note that compensation does not occur automatically. The victim’s claim must meet certain standards of proof to establish the other driver’s fault. A trusted car accident attorney helps by gathering evidence and crafting a strong case on your behalf. Successful Texas car accident claims include the following elements:

• The defendant owed you a legal duty of care
• The defendant breached the duty of care by violating traffic laws or driving negligently
• The other driver’s breach of duty caused your collision
• Your accident caused you to sustain injuries and other tangible and intangible damages

Every person in Texas owes other drivers and pedestrians on the road a duty of care to drive responsibly and abide by traffic laws to avoid causing harm to themselves and others. If the other driver breached this duty of care, causing your accident, you may be eligible to recover compensation for your accident-related losses. At Dale R. Rose, PLLC, our team meticulously investigates every case to determine the cause of the accident and who may be at fault for your losses. We understand that no two car accident cases are exactly alike and tailor our approach to each case to ensure our clients are compensated fairly for their losses. 

Protecting Your Rights and Safety After a Car Accident

Because car accidents occur without warning, it may be challenging to prepare for the aftermath. While seeing a medical professional should be the first action you take, there are other measures you may take to safeguard your rights. Considering the following steps may help you protect yourself in the wake of a car accident:

Obtain and Preserve Evidence

Evidence like photos, witness statements, and police reports all support and add credence to your case. If you are unable to collect evidence right after the accident, be sure to return to the scene as soon as possible to take photos of the accident site. It is also essential to determine if anyone witnessed your accident. If your collision occurs near a business, the owner may be able to provide you or your attorney with security footage of the collision. 

Be Careful When Speaking to the Insurance Company

While you must contact your insurance company after an accident, it is just as vital to speak carefully when talking to your adjuster. Although many car accident victims assume the insurance company is there to help, this is not always the case. Typically, insurance companies try to offer victims the lowest amount possible for their injuries and other damages. A seasoned attorney will negotiate with the insurance company on your behalf to protect the total value of your claim.

Avoid Posting on Social Media Accounts

Your social media pages may give the insurance company and the opposing legal team critical insight and evidence about your accident, injuries, and habits. Unfortunately, this information may be used against you during your case to dispute the validity of your claim. To avoid these consequences, avoid posting to social media until your case has been settled. 

Contact a Skilled Attorney

Even if you follow the steps above to protect your rights, Texas’ complex legal process may feel daunting to navigate on your own. A knowledgeable attorney will investigate your case and use their extensive legal experience to negotiate the best possible settlement and even take your case to trial to fight for you. With a skilled attorney on your side, you can focus on healing from your injuries while your attorney handles every detail of your claim.