McKinney Car Accident Lawyer

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Auto accidents are common in Texas, sometimes resulting in devastating consequences. These collisions can lead to serious injuries, long-term disabilities, and financial hardships. If you are injured in a car accident in McKinney, Texas, you could file a personal injury claim against the person who was responsible.

Trust the McKinney car accident lawyers at Carew Garcia Bohuslav Law, PLLC to defend your right to fair compensation. Our injury attorneys have a track record of success and will work tirelessly to secure the highest possible compensation in your car accident claim.

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How to Choose the Car Accident Lawyer for Your Accident Claim

Finding the right car accident injury attorney to represent your interests after an accident is critical. If you were hurt due to another driver’s negligent or reckless actions, you deserve the financial compensation you need so you can focus on your physical recovery and not how you’re going to pay your bills. When choosing an attorney to assist you with your claim consider the following:

  • Look for a McKinney car accident attorney with many years of experience and a history of successful litigation in accident claims
  • Ask for referrals either from acquaintances with successful claims in the past or by asking a prospective attorney to provide a list of past clients
  • Investigate the background of a law firm to make sure they’re reputable, have a track record of success, and a history of great client/attorney relationships
  • Take advantage of the free consultation offered by most law firms to determine if you have a good rapport with the attorney
  • Look for law firms that specialize in the specific area of legal representation you need
  • Check your State Bar Association to review the background of a firm before making a final decision

At Carew Garcia Bohuslav Law, PLLC, we feel confident that our strong history of success and positive attorney/client relationships make us the right choice for your McKinney car accident claim.

Why Choose a McKinney Car Accident Lawyer at Carew Garcia Bohuslav Law, PLLC

  • For over 20 years, our personal injury attorneys have successfully held negligent motorists accountable for their actions. We are dedicated to fighting for the rights of injured car accident victims.
  • We understand how painful a car accident can be. For your convenience, our lawyers will gladly meet with you at your home or in your hospital room.
  • Our bilingual team of attorneys are strong negotiators. We can speak on your behalf with insurance companies and will work to protect your best interests during each stage of your personal injury claim.

Texas Car Accident Statistics

According to 2021 data from the Texas Department of Transportation, one person was injured every 2 minutes and 12 seconds in motor vehicle accidents across the state. A total of 239,539 people were injured in traffic collisions in 2021 alone.

An additional 4,489 people died in Texas car accidents in 2021, an increase of 15.22% from the 2020 death toll. There were no days during that year when Texas did not see a fatal road accident.

Common Causes of Motor Vehicle Collisions

Many factors can contribute to a motor vehicle accident, including weather, lighting, and roadway defects. However, many of these collisions occur because of driver negligence.

Texas drivers have a responsibility to ensure that they follow all relevant traffic laws and drive their vehicles safely in road conditions. Unfortunately, some motorists do not uphold these obligations, and commit dangerous acts on the road, putting other drivers at risk of injury.

Below are a few examples of driver negligence that could lead to an accident:

  • Running a red light or stop sign
  • Making unsafe lane changes
  • Driving over the speed limit
  • Driving while distracted
  • Making unsafe turns
  • Driving under the influence of alcohol or drugs

What to Do After a Car Accident in McKinney

It’s especially important to take certain steps after a car accident in McKinney or elsewhere in Texas in order to protect yourself medically and financially. In the aftermath of a car accident, you may feel hurt, frightened, and confused, but by keeping these steps in mind, you can maximize your chance for full physical and financial recovery:

  • First, move to a safe area off the shoulder of the road if you are physically able
  • Call 911 to report the accident and wait in a safe place for help to arrive
  • If you’re physically well enough, render any necessary aid or comfort to others who have injuries
  • Use your phone to take photos of the accident scene, involved vehicles, and any other important points such as traffic signals and signs
  • Take contact information for other involved drivers and witnesses. It’s easiest to use your phone to record their information and eye-witness statements while they’re still fresh in their memories
  • Accept transport to a hospital or go to an ER as soon as possible and tell a doctor about all of your symptoms. Ask the doctor for detailed copies of their notes
  • Keep copies of all medical bills
  • Call a McKinney car accident lawyer at Carew Garcia Bohuslav Law, PLLC to discuss the details of your accident for an evaluation of your claim and the best possible representation by experienced, knowledgeable attorneys.

When you’ve been in a car accident through no fault of your own, it’s critical to protect yourself for the best possible outcome in your physical and financial recovery.

Common Car Accident Injuries

A car accident involves major impacts on the body. With the force of a sudden stop combined with flying debris and broken glass, injuries can range from mild to severe and even catastrophic or fatal. Whiplash is the most commonly reported injury. Whiplash can have long-lasting consequences, including mild TBI as well as headaches, neck pain, and stiffness. Other common injuries from car accidents in Texas include the following:

  • Neck and spinal injuries
  • Brain injuries
  • Broken bones
  • Internal bleeding
  • Lacerations and bruising
  • Soft-tissue injuries
  • Leg, foot, arm, wrist, and hand injuries
  • Facial disfigurement and scars
  • Paralysis
  • Loss of limbs
  • Burns
  • Pain, anguish, distress, and PTSD

When injuries sustained in a car accident caused by an at-fault driver cause you pain, suffering, and loss of income, you deserve the maximum in financial compensation and damages in order to focus your energy on your physical recovery.

Texas Is an At-Fault Car Insurance State

Texas is an at-fault car insurance state, which means that negligent drivers are financially responsible for any accidents that they cause. State law requires motorists to carry the following minimum amounts of liability insurance so that they can uphold this financial duty:

  • $30,000 for bodily injury liability per person
  • $60,000 for total bodily injury liability per accident
  • $25,000 for property damage per accident

If you are injured in a car accident in McKinney, you have the right to pursue an insurance claim or lawsuit against the driver who caused your collision. Most car accident claims begin in the insurance stage before escalating to a lawsuit if the outcome is unsuccessful or insufficient.

However, there are some situations where filing a lawsuit is the best course of action. Your McKinney personal injury attorney from Carew Garcia Bohuslav Law, PLLC can evaluate your case and identify your optimal pathway to maximum compensation. We will protect from insurance companies who may offer you an unfair settlement.

What Does Contributory Fault Mean in Texas Accident Claims?

In some accident cases, the fault is clear. For instance, when a driver runs through a red light or stop sign at an intersection and causes a collision it’s plainly their fault. When it’s a case of clear fault, a successful claim need only determine the monetary amount of damages owed to the injured victim. However, in some car accidents, both parties may be partially at fault. In cases of shared fault, a court needs to decide the percentage of fault held by each driver.

Texas follows the modified comparative fault system for determining fault in an accident. Unlike pure comparative fault states where accident victims may still claim 1% of damages even if they were 99% at fault in an accident, Texas limits an accident victim’s ability to recover damages only to those less than 50% at fault in an accident.

When each party in an accident is partly at fault, the court reduces the amount of a damage award by the percentage of fault the driver bears for the accident. For example, if a court awards a victim $100,000 in damages but the victim is found to have been 30% at fault in the accident, they’ll receive $70,000 in damages.

An experienced McKinney car accident lawyer can help to gather evidence and present it to the court to prove you were less than 50% at fault in an accident so you’re able to file a claim. By showing the other driver’s higher percentage of fault in an accident, a skilled lawyer can maximize the amount of compensation you’re entitled to in your claim.

What is the Statute of Limitations for Filing Accident Claims in Texas?

Texas allows accident victims up to two years after the date of their accident to file a claim. In most cases, a court will dismiss any case filed after the two-year statute of limitations has passed, so it’s essential to file your claim promptly.

The Texas statute of limitations is in place to protect people against the ongoing threat of lawsuits as well as to preserve the integrity of evidence in a case. Also, memories become less reliable with the passage of time.

Courts may grant exceptions to the statute of limitations for car accident claims under the following circumstances:

  • Accident victims who are minors when the accident occurs have up to two years after their 18th birthday to file a claim
  • If the accident victim is comatose, mentally incapacitated, or otherwise impaired in a way that prevents them from filing a claim they have up to two years after they are no longer incapacitated to file the claim
  • If the at-fault defendant flees the state or isn’t identified, the victim has two years from the date the defendant returns or is identified in which to file a claim

A claim is almost always more successful when filed within the two-year limit, so it’s important to speak to an attorney about filing your claim as soon as possible after your accident.

How Much Is the Average Car Accident Settlement?

By filing a car accident insurance claim or lawsuit, you can recover financial compensation to pay for medical care, property repairs, and much more. When you initiate one of these claims, it’s common to want to know how much compensation you can expect to receive.

Because car accident settlements depend on your losses, it can be difficult to estimate your potential award. You will need to speak with an attorney for a more accurate estimation. However, several factors can influence the value of your settlement:

  • The severity of your injuries
  • Your ability to work after an accident
  • Whether you have developed permanent disabilities
  • The length of your initial recovery period
  • Your need for long-term medical treatment and care
  • Whether you could be partially responsible for the accident
  • Whether the at-fault driver committed gross negligence or severe misconduct

Do You Need a McKinney Car Accident Lawyer?

After a car accident, it is common to feel like you can handle your claim on your own. Your collision may seem straightforward, and you may believe that you can settle the claim on your own. However, some car accidents are more complex than they may initially appear.

When you are pursuing an auto accident claim, you want to ensure that you are treated fairly and that you recover sufficient compensation for your damages. By hiring a McKinney car accident lawyer to represent your case, you gain access to an advocate who will fight for your best interests during each stage of litigation.

There are several valuable benefits to hiring a car accident injury attorney from Carew Garcia Bohuslav Law, PLLC:

  • Negotiating for Fair Compensation: Your attorney will fight for your best interests in negotiations with insurance companies. If the company fails to provide an adequate settlement, your lawyer will advocate aggressively for a higher award.
  • Investigating Your Accident: You need to gather several pieces of evidence to prove a car accident claim, and you may need additional help proving complex parts of your case. Your lawyer will leverage his or her skills and resources to fully investigate your accident and establish your right to recovery.
  • Avoiding Errors and Delays: Filing a car accident claim can be more complicated than we may believe, especially if it is your first time pursuing such a case. Your lawyer will have years of experience representing injured Texans in their car accident claims. He or she can guide you through each stage of the process and ensure that your paperwork is filed correctly.
  • Determining the Value of Your Award: It can be difficult to calculate how much compensation you are entitled to receive. Your lawyer will be able to identify all potential avenues to compensation and determine the true value of your settlement, helping you recover the highest possible award.

Will I Need to Go To Court if I File a Car Accident Claim?

While you’re recovering from your injuries and the shock of a car accident, the last thing you want to deal with is the legalities of a car accident claim. Many victims worry about having to appear in court. The good news is the vast majority of car accident claims settle out of court. Only about 5% of accident claims end up in court litigation. In most cases, a skilled and experienced car accident attorney will handle your case in a way that minimizes the chance of it going to court. The attorneys at Carew Garcia Bohuslave Law, PLLC will do the following to maximize your chance of a settlement without a courtroom:

  • Investigate your case and gather ample evidence to support your claim
  • Send a demand letter to the insurance company of the at-fault driver
  • Negotiate with the insurance company if they resist paying the amount in damages requested in the demand letter
  • Appeal the final settlement offer
  • Defend you aggressively if a settlement isn’t reached and the matter enters the court litigation process

Often just having an attorney with a history of success advocating at your side is enough to encourage an insurance company to settle out of court but if it does come to litigation in court, your attorney will argue for the best possible outcome in your case.

Contact Carew Garcia Bohuslav Law, PLLC Today

If you were injured in a car accident, you deserve justice. Don’t go through the process alone—the personal injury lawyers at Carew Garcia Bohuslav Law, PLLC can help you hold the at-fault driver accountable.

Call us or contact us online to schedule your free case consultation with a McKinney car accident attorney.