McAllen, TX has received notoriety as one of the best places to bird watch in North America, drawing visitors from all over the world to catch a glimpse of the 540 bird species and 330 butterfly species in the region. Visitors enjoy the year-round pleasant weather that makes golfing and nightlife in McAllen enjoyable. Its proximity to the border makes it a major center for international trade.
Nearly all the adventures in McAllen involve a trip on one of the city’s roads, where negligent drivers can leave you injured.
If a car accident injured you, a McAllen car accident lawyer from Kenny Perez Law can explain the legal process of seeking compensation for your injuries and the type of services our legal team can offer to assist you with your claim. Our legal team is available 24/7, and consultations with us are always free. Contact Kenny Perez Law today.
About Car Accidents in McAllen, TX
According to the Texas Department of Transportation (TxDOT), a person dies in a car accident on the state’s roads every two hours and twenty-five minutes. Accidents injure people every two minutes and three seconds. A reportable crash takes place on Texas roads every minute of the day. In Hidalgo County, there are more than 12,000 car accidents a year, resulting in more than 40 deaths, nearly 300 suspected serious injuries, and more than 1,300 non-capacitating injuries.
Causes of McAllen Car Accidents
In Texas, around one-quarter of all car accidents involve an alcohol-impaired driver. Drunk driving is the cause of more than 900 fatal accidents in the state. Like many border cities, McAllen has a vibrant nightlife—centered around its 17th Street Entertainment District. Many revelers park their cars in the Downtown parking garage on 17th and Chicago and walk to their destinations. While this is convenient for patrons in most circumstances, it does increase the risk of collisions between motor vehicles and pedestrians.
Other common causes of car accidents in McAllen include:
- Distracted driving: More than 375 people die in distracted driving car accidents in Texas each year. Driving distractions include anything that causes the driver to look away from the roadway, take their hands from the wheel, or their thoughts from the task of driving safely. Texting is of particular concern to law enforcement authorities, as it features all three types of distraction. As noted by the National Highway Traffic Safety Administration, in the time it takes to read or respond to a text when traveling at highway speeds, a vehicle will travel the length of a football field without its driver looking at the road.
- Driver fatigue: Fatigue is mental or physical exhaustion that impairs performance. While any driver can experience occasional fatigue due to life circumstances, the condition is especially risky for long-haul truck drivers and night shift workers as it involves them operating a motor vehicle during the late-night hours when the body instinctively wants to sleep.
- Speeding: As noted by the National Safety Council, speeding is a factor in more than a quarter of all traffic accidents that occur on U.S. roadways each year. Speeding does not just refer to driving faster than the posted speed limit sign but driving too fast for traffic and weather conditions. Speeding creates several hazards, including less time for the driver to see and respond to obstacles, increased stopping distance, the difficulty for other drivers in judging a safe gap in traffic in which to pull into a lane of travel, and an increase in the severity of a crash.
- Tailgating: A driver following another vehicle too closely is the most common cause of rear-end accidents, as the driver does not have time to stop if the lead vehicle suddenly brakes.
- Failure to yield: More than 700 people are killed in Texas intersections each year. One of the most common collisions in an intersection is a broadside collision that occurs when the front of one vehicle collides with the side of another. The most common cause of a broadside collision is the failure of a driver to yield the right-of-way to another driver at red lights or stop signs.
Common Injuries in McAllen
Some of the most severe injuries a person can incur happen in McAllen car accidents, including injuries to the organs that make up the body’s central nervous system: the brain and the spinal cord. The central nervous system controls all the body’s functions and involuntary responses. Despite the importance of these organs, they don’t always heal after an injury. A brain injury can result in permanent deficits such as memory loss, the inability to communicate, the ability to move in a balanced and coordinated manner, and even a consciousness disorder that impacts the sufferer’s awareness of their surroundings.
A spinal cord injury can permanently paralyze the body below the injury. If the injury occurred high up on the cervical (neck) area of the cord, paralysis will usually extend from the neck down a condition known as quadriplegia, or tetraplegia. If the injury occurs lower on the spine, it can paralyze the lower extremities, referred to as paraplegia.
Other common injuries suffered in McAllen car accidents include:
- Whiplash, which is a soft tissue injury occurring in the neck as the result of a collision that causes the head to snap back and forth like the lashing of a whip.
- Damage to the spinal vertebrae and discs, which can result in loss of mobility, instability of the spine, chronic pain, and the need for surgical repair.
- Broken bones, which can result in chronic pain or even loss of use.
- Burns, as a result of contact with the chemicals used to make the vehicle run or a heat source. Fires often occur in motor vehicle accidents due to gasoline. Burns can result in dangerous infections or scarring that can impair the sufferer’s range of motion or cause significant scarring that can require skin graft surgery.
- Cuts and lacerations, which place the sufferer at increased risk of infections and scarring.
The Process of Seeking Compensation After a Car Accident Injured You
If a car accident injured you in McAllen caused by another driver’s negligence, you can seek compensation for your injuries through the personal injury claims process. This process generally involves your attorney first submitting a demand package to the at-fault party’s insurance provider. The demand package provides details about your claim, documentation of your expenses, and a request for payment of the claim’s value.
An individual known as an insurance adjuster or claims adjuster will evaluate the demand on behalf of the insurance company and respond to the claim in one of three ways:
- They can deny the claim and notify the claimant of the reason for the denial. If so, you and your attorney can file a personal injury lawsuit and let the court decide if you deserve compensation.
- They can approve the claim and process it for payment. At this point, your case resolves.
- They can also make a settlement offer, which is an offer of payment in exchange for a resolution to the claim. The payment offered is almost always less than the value of the claim, and your attorney can negotiate to get the adjuster to increase the insurance company’s offer.
Often, even though an insurance adjuster participates in negotiations with the claimant’s attorney, you might file a car accident lawsuit. This does not end settlement negotiations, however. You may settle after the trial begins.
To have a successful outcome to your McAllen car accident claim, you must be able to prove that someone else was liable for causing the accident.
To prove liability, you must show:
- The at-fault driver owed you a duty of care. The duty of care refers to the actions a reasonable person would take in a given set of circumstances to protect the health and property of others. In traffic, the duty of care that a driver owes to other roadway users is to drive their vehicle safely and legally.
- A breach in the duty of care occurred when the at-fault driver took actions that endangered others.
- This breach caused the accident that injured you, and you sustained economic and psychological costs as a result.
The Compensation You Can Receive
Texas allows personal injury claimants to use the court system during the personal injury claims process to seek compensation for the expenses and impacts of their injury.
Examples of the types of costs and impacts you can claim include:
- Medical expenses related to the treatment of your injury and associated complications. If your injury produces a high likelihood of permanent deficits that will require medical intervention in the future, you can seek coverage of the estimated future expenses.
- Wage loss if you are too injured to work, and loss of future earning capacity if you acquire disabilities that will prevent you from obtaining meaningful employment due to the accident.
- The cost of repairing or replacing your vehicle and other personal property that was damaged due to the accident.
- The physical pain and suffering you incur as a result of the injury, the treatment of it, and any physical complications arising from the injury that you endure.
- Emotional distress as a result of the severity of your injury, the acquisition of permanent disabilities, or the financial or emotional strain of being seriously injured.
How Much Does a Car Accident Attorney Cost?
Many people are afraid to enlist the assistance of an attorney because they do not think they can afford one. Unlike other lawyers, personal injury attorneys do not require a retainer or charge by the hour. Instead, we work on a contingent fee, which means we only get paid for the work we do on your claim if we recover damages for you. When you receive your settlement or award, we deduct a pre-determined percentage for our services as outlined in the contingent fee agreement that we enter into with you.
The benefits of the contingent fee billing method include:
- We can begin working on your claim without waiting for a retainer or for you to be current on your bills for hourly services.
- Peace of mind for both you and the legal team, as we settle payment terms upfront.
- You obtain quality legal counsel regardless of your financial status. This is one less expense you have to deal with while recovering from your injury.
In addition to the contingent fee, our free case evaluations are an opportunity for you to obtain more information about your legal options for seeking compensation without any obligation to obtain further services from us.
McAllen Car Accident? Kenny Perez Law Can Help
If a car accident injured you, let an experienced car accident lawyer from Kenny Perez Law help you seek compensation for your injuries. For a free case evaluation in McAllen, contact us online or call (956) 544-9292.