McKinney Car Accident Lawyer

Types of Car Wreck Cases We Handle

Understanding what type of collision you were in helps you clearly explain the crash to police officers, doctors, and your McKinney car wreck attorney. Common car collision cases include:

Rear-End Collisions

When drivers follow too closely behind another vehicle, the chances of a rear-end collision increase. Under Texas law, all drivers must maintain a safe following distance. If the trailing driver was too close, you may be able to prove their liability for the crash. Our rear-end accident attorneys may help you pursue compensation for your injuries.

Side-Impact Collisions

Also known as a T-bone crash, a side-impact collision occurs when the front of one vehicle strikes the side of another. These crashes often happen at intersections and may result in serious injuries to the driver or passengers on the impacted side.

Head-On Crashes

Head-on crashes are among the most dangerous types of collisions. They occur when two vehicles traveling in opposite directions strike each other head-on, typically on two-way streets or multi-lane roads without a divider separating traffic.

How a Car Wreck Attorney May Help

Partnering with a McKinney car wreck attorney may significantly benefit you as you navigate the aftermath of a serious collision. Several ways our team may provide assistance include:

Legal Knowledge Car wreck attorneys are well-versed in the nuances of personal injury law, including the specific regulations and statutes relevant to your case. This allows us to navigate legal complexities and help protect your rights throughout the process.

Thorough Investigation We conduct thorough investigations into the circumstances surrounding the collision. Our team gathers evidence, interviews witnesses, analyzes police reports, and collaborates with reconstruction professionals when necessary to build a strong case on your behalf.

Determining Liability Establishing liability is fundamental in car wreck cases. We work to determine who was at fault for the collision, considering factors such as negligence, distracted driving, or reckless behavior.

Dealing With Insurance Companies Insurance companies often employ tactics to minimize payouts. Our McKinney attorneys handle all communication with insurance adjusters, negotiating on your behalf to pursue 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. We consider long-term medical costs, rehabilitation expenses, lost earning capacity, and the emotional toll of the collision. This comprehensive valuation helps ensure you receive fair compensation for all aspects of your injury.

Representation in Court If a fair settlement cannot be reached through negotiation, we are prepared to take your case to court. With over 165 first-chair jury trials and courtroom experience across more than 54 Texas counties, Attorney Dale R. Rose knows how to present a compelling case before a judge and jury.

Reduced Stress Dealing with the aftermath of a serious collision and pursuing legal action is emotionally taxing. Having a knowledgeable attorney by your side allows you to focus on your recovery while your legal representation handles every detail of your claim.

What Compensation May I Receive for My Injuries?

Texas follows a comparative negligence framework, meaning you must prove the other party’s negligent actions were a direct cause of the collision and your resulting injuries. Proving negligence without legal representation may be challenging, which is why contacting an attorney early is important.

A successful claim may result in compensation for:

• Medical bills
• Lost wages
• Vehicle repairs
• Pain and suffering
• Rehabilitation costs for ongoing physical therapy or treatment
• Emotional distress, including anxiety, depression, or PTSD
• Loss of consortium for the impact on your relationship with your spouse
• Future medical expenses for long-term care required as a result of the collision

Car wreck victims in Texas have two years from the crash date to file a lawsuit. During that time, insurance companies may try to persuade you to settle without the help of an attorney. They do this because they know an attorney will understand how to properly value your claim and account for future costs. You have one opportunity to receive full and fair compensation, so make sure you are guided by an attorney focused on your best interests.

Common Causes of Car Collisions in McKinney, TX

Texas is one of the most heavily traveled states in the country. With so many drivers on North Texas roads, collisions are more likely to occur. According to the Texas Department of Transportation, Texas saw 12,107 serious injury crashes in 2020 alone, and approximately 90% of all vehicle crashes result from driver error.

Common examples of driver error include:

• Distracted driving: Anytime a driver takes their eyes off the road or hands off the wheel, it creates a hazardous condition for everyone nearby. Distracted drivers may drift into adjacent traffic or collide with a stopped vehicle.
• Speeding: Drivers traveling over the speed limit have less time to react to other vehicles, road hazards, and weather conditions. Speeding also increases the distance required to stop safely.
• Tailgating: Under Texas law, all drivers must keep a safe distance from the vehicle ahead. Tailgating reduces reaction time and significantly increases the chances of causing a collision.
• Drunk driving: Driving under the influence of alcohol or drugs impairs judgment, coordination, and reaction time. Our McKinney drunk driving accident attorneys have experience handling these cases.
• Reckless driving: Aggressive tailgating, weaving through traffic, and disregarding traffic signals may lead to serious collisions.
• Fatigued driving: Drowsy drivers are more likely to make critical mistakes, exhibit poor decision-making, and fall asleep at the wheel.
• Poor road conditions: Roads in disrepair, inadequate signage, or poor lighting contribute to collisions, especially when hazards are not properly marked.
• Running red lights and stop signs: Disregarding traffic signals at intersections is a leading cause of T-bone and side-impact collisions.

What to Do After a Motor Vehicle Wreck

In the immediate aftermath of a wreck, it is natural to feel overwhelmed. Taking the following steps may help protect your rights and strengthen your claim:

Check for injuries and call 911 if anyone has been hurt. If it is safe to do so, move your vehicle out of traffic to prevent further collisions. Exchange contact and insurance information with all involved parties, and document the scene with photos and videos of the vehicles, road conditions, and any visible injuries. Gather contact information from witnesses and notify your insurance company about the wreck. Even if you feel fine, see a doctor as soon as possible to check for injuries that may not be immediately apparent.

Additional steps that may strengthen your case:

• Take notes and keep a diary documenting your injuries, pain levels, and the impact on your daily life.
• Do not sign releases or settlement documents from insurance companies without first speaking to a personal injury attorney.
• Preserve all evidence related to the collision, including medical records, repair bills, and communication with insurers.

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

Yes. You should always consult a medical professional following a car wreck in McKinney.

Not all injuries manifest immediately after a collision. As the adrenaline wears off, you may find that you were more injured than you initially realized. Seeing a doctor right away benefits both your health and your claim. Insurance companies may interpret a delayed medical visit as evidence that you were not seriously injured, or may argue that your injuries resulted from a separate incident.

Additionally, your McKinney car wreck attorney may need to call your doctor to testify during trial. While most cases settle outside of court, having a doctor testify to the nature and extent of your injuries may benefit your case significantly.

Can You Pursue Compensation if You Were Partially at Fault?

Texas follows a modified comparative negligence rule, specifically the 51% bar rule. This means you may seek compensation for your injuries even if you were partially at fault, as long as you are not found to be more than 50% responsible for the collision. 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. Gathering evidence and building a strong case helps demonstrate the other party’s contribution to the collision.

Holding Drivers Accountable for Distracted Driving

Distracted driving is one of the leading causes of collisions on North Texas roads. Distractions encompass any activity that takes a driver’s attention away from operating their vehicle, including texting, talking on the phone, eating, or adjusting the radio. Under Texas law, texting while driving is prohibited, and our texting and driving accident attorneys are prepared to hold negligent drivers accountable for the harm they cause.

When a driver engages in distracted behavior and causes a collision that results in injuries, they may be held legally responsible for the resulting damages. Attorney Dale R. Rose has a track record of pursuing justice for those injured by distracted drivers throughout Collin County and beyond.

Elements of Negligence in a Car Wreck Claim

Texas uses an at-fault insurance system, meaning those injured in a car wreck may have legal grounds to file a claim against the responsible driver. Compensation does not occur automatically; the claim must meet certain standards of proof. A successful Texas car wreck claim typically requires establishing:

• The defendant owed you a legal duty of care
• The defendant breached that duty by violating traffic laws or driving negligently
• The breach directly caused your collision
• The collision caused you to sustain injuries and other damages

Every person in Texas owes other drivers and pedestrians a duty of care to drive responsibly. If the other driver breached this duty, causing your collision, you may be eligible to recover compensation for your losses. At Rose Knows Law, P.L.L.C., our McKinney attorneys investigate every case thoroughly to determine cause and fault, and we tailor our approach to the specific facts of each client’s situation.

Frequently Asked Questions About Car Wrecks in McKinney

How long do I have to file a car wreck claim in Texas?

Under Texas law, car wreck victims generally have two years from the date of the collision to file a personal injury lawsuit. Waiting too long may result in losing your right to pursue compensation entirely, so it is important to consult an attorney as soon as possible.

What if the other driver does not have insurance?

Texas law requires drivers to carry minimum liability insurance, but not all drivers comply. If you are hit by an uninsured driver, you may still have options depending on your own coverage. Our uninsured and underinsured motorist attorneys may help you explore all available avenues for recovery.

How is fault determined in a McKinney car wreck?

Fault is established through evidence such as police reports, witness statements, photos of the scene, traffic camera footage, and, in some cases, reconstruction analysis. The insurance company will conduct its own investigation, but their conclusions do not always reflect the full picture. An attorney may help gather and present evidence that more accurately reflects what happened.

Will my car wreck case go to trial?

Most car wreck cases settle before reaching trial. However, if the insurance company refuses to offer fair compensation, your attorney should be prepared to take the case to court. Attorney Dale R. Rose has tried over 165 first-chair jury trials in courtrooms across Texas, so our clients are never without that option.

What does it cost to hire a car wreck attorney?

Rose Knows Law, P.L.L.C. handles car wreck cases on a contingency fee basis, meaning you pay no fees unless we recover compensation for you. Your initial consultation is also free.

Protecting Your Rights After a Car Wreck in McKinney

Because car wrecks occur without warning, protecting your rights in the aftermath may feel overwhelming. Beyond seeking immediate medical care, there are steps you may take to safeguard your claim.

Gather and preserve evidence early. Photos, witness statements, and police reports all strengthen your case. If you were unable to collect evidence at the scene, return as soon as possible or ask your attorney to assist. If the collision occurred near a business, the owner may be able to provide security footage of what happened.

Be careful when speaking with the insurance company. While you are required to notify your own insurer, it is important to speak carefully. Insurance adjusters often work to minimize payouts, and statements you make early in the process may be used against you later. Our McKinney attorneys negotiate directly with insurers on your behalf.

Avoid posting on social media until your case is resolved. Information shared online may give the opposing party’s legal team material to dispute your injuries or undermine your claim.

When you are ready to take action, Rose Knows Law, P.L.L.C. is ready to help. Attorney Dale R. Rose has nearly 33 years of legal experience, has tried over 165 first-chair jury trials, and has recovered over $18 million for clients since 2010. Our firm has earned recognition as the Expertise.com Best Personal Injury Attorney in McKinney, and we are committed to fighting for every dollar you deserve. Contact us today to schedule your free consultation through our online contact form.