How to Determine Fault in a Car Accident in McAllen

Car insurance claims can be frustrating, but they’re pretty straightforward. You’re in an accident caused by another driver, so you file a claim with their insurer and recover your costs. But what happens if your expenses go beyond their insurance limit?

Fortunately, you have another option.

If someone’s negligence caused your accident and your resulting injuries, you might recover compensation under car accident law — even if you’re entitled to more than their insurance policy covers. The definition of negligence is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”

To meet the legal definition of negligence, you need to prove four elements about the at-fault person or party’s conduct:

1. The defendant (the party who caused your accident) owed the plaintiff (you, the claimant) a duty of care.
2. The defendant breached that duty of care.
3. The breach caused the plaintiff’s injuries.
4. The plaintiff’s injuries caused “damages” (such as medical expenses, lost wages, and pain and suffering) that can be compensated.

All drivers owe a duty of care to other motorists on the road. This means that if they violate traffic laws — such as driving beyond the speed limit — which causes your car accident, they are negligent according to the law, and you may be able to claim compensation.

Who Is Responsible For My McAllen Car Accident?

Many McAllen car accidents are caused by a driver’s reckless or negligent behavior. However, a car accident can also be caused by a third party, such as a driver’s employer or the vehicle manufacturer. If you believe that another party was responsible for the accident, you will need to prove that they acted negligently or intentionally and that the negligent action was the cause of your injuries.

The most common parties responsible for car accidents in McAllen are:

• A negligent driver. If another driver acted negligently, they are likely responsible for your injuries and any damage to your property. Negligence can be as simple as violating traffic rules and regulations, such as speeding, driving under the influence, or distracted driving.
• A negligent driver’s employer. If a negligent employee is acting in the course of their employment, their employer could be responsible for their actions. Employees involved in traffic accidents typically include delivery drivers and commercial truck drivers. It’s often worthwhile to pursue recovery from the employer as they have larger insurance policies and more liquidity than the driver themselves.
• Vehicle manufacturer. If a vehicle manufacturer fails to assemble or test a vehicle or part appropriately, they could be responsible for any injuries that occur due to that failure. Common examples of auto defects include brake failures, tire blowouts, and airbag failures. Establishing that a vehicle failure was the reason for the crash requires extensive testing and the potential involvement of experts.
• Local government. It’s the responsibility of the local government to maintain streets and traffic signals, including crosswalks, traffic lights, and stop signs. If the government fails in this responsibility and a road defect causes an accident, they could be liable for the resulting injuries. However, it can be difficult to secure recovery from a governmental entity. Our car accident lawyers in McAllen can work with you to determine if you can claim compensation.

The more evidence you have of the other party’s negligence, the stronger your car accident claim and the more leverage you have to secure a fair settlement.

What Damages Can You Recover after a McAllen Car Accident Claim?

Once you have established that another party may be responsible for your injuries, you will need to compile a financial-impact report of those injuries into a damages demand. Including all injuries in your damages demand is important, as this number will affect any potential jury award or settlement offer. An experienced McAllen accident lawyer can help compile this essential report. 

Common damages recovered after a car accident include:

• Medical expenses: You may be able to recover all medical expenses associated with your injuries. These include doctor’s bills, hospital stays, prescription medicine, ambulance rides, and long-term costs like physical therapy. Be sure to include anticipated future expenses, as you can also recover these. We can arrange expert medical testimony to support your claim for future expenses based on how your injury affects you over the long term.
• Lost wages and income: Injuries often put victims out of work, whether for a few weeks or months or the rest of their lives. Inevitably, this means you will lose income. You’re entitled to recover these losses, so make sure you keep evidence of your earnings in the form of payslips. In some cases, your injury may prevent you from doing certain activities required in your role. If your ability to perform your job duties or work full time moving forward is affected, you can also recover these future losses. An economic expert will evaluate your future earning potential and the impact of your injuries to determine how much compensation you deserve.
• Property damage: Few cars make it out of an accident unscathed. If your vehicle, or any other property, is damaged in your McAllen car accident, be sure to include the costs of repair or replacement in your damages demand.
• Emotional distress: A car accident can be a jarring experience. As a result, long-term emotional effects such as post-traumatic stress disorder (PTSD), anxiety, and depression are common. While often difficult to quantify, you may be entitled to recover for these damages.
• Loss of enjoyment: Injuries often limit a victim’s ability to participate in activities they previously enjoyed. An athlete might find themselves unable to participate in a sport, or a gardener might not be able to bend over to tend to their flowers. Our car accident lawyers can help you evaluate whether you could be entitled to additional compensation.
• Punitive damages: Referred to in Texas as exemplary damages, these may be awarded to a victim to punish the defendant for actions that constitute malice or gross negligence. Punitive damages are awarded by a jury, so you’ll only receive this type of compensation if you take your case to trial.

While many damages can be straightforward — like doctor’s bills — others can be difficult to put a dollar amount to. Work with an experienced McAllen accident lawyer to coordinate with experts, ensure all your injuries are included and get the maximum possible award for your injuries.

Should You Accept an Insurance Settlement Offer?

It’s common for car accident lawsuits to settle out of court. This happens when the liable party’s insurance company makes an offer to end the case and prevent it from going any further. It can be tempting to accept an early settlement offer because settlements provide a quick and certain resolution to the matter — with immediate compensation.

However, you should be wary of accepting a settlement early in the process, as it will likely be much lower than what you deserve. You should consider any settlement offer based on the strength of your case and all of the evidence. Always consult your McAllen accident lawyer before accepting a settlement. A fair and comprehensive settlement takes longer to negotiate, but your attorney will fight to get you the amount you deserve.

What If My Car Accident Settlement Offer Is Too Low?

If you’re entitled to significantly more money than the insurance company is willing to offer, you may want to take your case to court. If you win your case, the judge can compel the defendant to pay a much larger sum than anything offered during negotiations. 

However, only a small percentage of cases go before a jury because trial results are difficult for either party to predict. If the jury finds in favor of the defendant, you won’t receive any compensation for your injuries.

You should only ever consider a trial if you have a strong case. If you proceed, the process can take time, as both sides need to compile evidence, file relevant court documents, complete discovery, file and respond to motions, and prepare their argument.

When Should You File a Claim after a Car Accident in McAllen?

If you’ve been in a car accident in McAllen, time is of the essence, so you shouldn’t wait to file a claim. Even car accidents that seem simple at first often involve complicated legal issues. Texas, like all states, has a time limit for filing a lawsuit, called the statute of limitations. The statute of limitations for personal injury cases in Texas is two years from the date of the car accident. It’s vital to discuss your case with a dedicated and experienced car accident lawyer in McAllen as soon as possible after the accident.

At Patino Law Firm, we can protect your rights and guide you through the claims process. For a free, no-obligation consultation, call the Patino Law Firm at 855-LAW-NINJA or contact us online.