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This guide gives an overview of the legal issues people commonly face after a car accident in McAllen, Texas, United States. Car-accident law covers insurance claims, fault and liability, personal-injury compensation, property-damage recovery, and sometimes criminal matters. Most motor-vehicle collisions in Texas are handled through insurance claims and civil lawsuits when claims cannot be fairly resolved. The state follows a fault-based system, which means the person responsible for causing a crash can be required to pay for injuries and property damage.
Not every crash requires an attorney, but legal help is often important when the facts, injuries, or insurance issues are complicated. Common situations where people need a car-accident lawyer in McAllen include:
- Serious or catastrophic injuries, long-term or permanent disability, or death.
- Disputed liability or complex accident reconstruction issues.
- Uninsured or underinsured motorists whose coverage is insufficient to pay for losses.
- Multiple parties or vehicle owners are involved, including commercial vehicles or rideshare drivers.
- Claims against a government entity or public employee, which require special notice procedures and may have damage caps.
- When an insurer offers a quick, low settlement and you suspect the full value of your claim is higher.
- Potential punitive damages, bad faith insurance conduct, or criminal charges related to the crash.
- Complex medical damages, lost future earnings, or long-term care planning where valuation needs expert input.
Key Texas and local legal points relevant to car accidents in McAllen:
- Fault system and comparative fault - Texas uses a modified comparative-fault rule called proportionate responsibility. If you are 51 percent or more at fault for the crash, you generally cannot recover damages. If you are less than 51 percent at fault, your recovery is reduced by your percentage of fault.
- Minimum liability insurance - Texas requires drivers to carry minimum liability coverage commonly expressed as 30/60/25. That is $30,000 per injured person, $60,000 total per accident for bodily injury, and $25,000 for property damage. These minimums may not cover serious losses.
- Uninsured and underinsured motorist coverage - Insurers must offer uninsured/underinsured motorist (UM/UIM) coverage, but drivers can reject it in writing. UM/UIM can be crucial if the at-fault driver has little or no insurance.
- Duty to stop and report - Drivers must stop, provide identification and insurance information, and render aid when needed. You must report an accident to law enforcement if there is an injury, death, or apparent property damage above a statutory threshold. Local police or the Texas Department of Public Safety often investigate crashes in McAllen.
- Statute of limitations - For most personal-injury and property-damage lawsuits in Texas, the deadline to file suit is two years from the date of the crash. Wrongful-death actions also generally must be filed within two years. Missing the deadline can forfeit your right to sue.
- Claims against government entities - If a government vehicle or employee is involved, special notice requirements apply under the Texas Tort Claims Act. You often must give written notice of the claim to the governmental entity within a short period, commonly six months, and damages against the government may be capped or limited.
- Evidence and expert testimony - Many serious claims rely on medical records, wage documentation, accident reconstruction, and expert testimony to prove damages and liability.
First, check for injuries and call 911 if anyone is hurt. Move to a safe location if possible. Exchange names, contact information, driver's license numbers, license-plate numbers, and insurance details with other drivers. Take photos of the scene, vehicle damage, road conditions, and injuries. Get contact information for witnesses. Do not admit fault or make detailed statements accepting blame. Seek medical attention even if you feel okay. Notify your insurer, but be cautious about accepting early settlement offers.
See a medical provider as soon as possible after the crash. Some injuries are not immediately apparent, and prompt medical documentation is important for both health and legal reasons. Delays in treatment can be used by insurers to argue that injuries are unrelated to the accident.
In most car-accident cases in Texas, you have two years from the date of the accident to file a civil lawsuit for personal injury or property damage. Wrongful-death claims also generally must be filed within two years. If the claim is against a government entity, separate, shorter notice deadlines often apply before filing suit.
Comparative fault means your compensation can be reduced by your percentage of responsibility for the crash. Under Texas law, if you are 51 percent or more at fault, you generally cannot recover damages. If you are less than 51 percent at fault, your total recoverable damages are reduced by your fault percentage.
Your rates may increase if you are found at fault or if your insurer pays a claim on your behalf. The exact impact depends on your insurer, your driving record, and the circumstances of the accident. If another driver is fully at fault and their insurer pays, your rate impact may be less likely, but it is not guaranteed.
If the at-fault driver lacks sufficient insurance, your UM/UIM coverage can help cover medical bills, lost wages, and other damages, subject to policy limits. If you do not have UM/UIM, recovery options include pursuing the at-fault driver personally, which may be difficult if they lack assets.
Insurance companies may offer quick settlements that are lower than the full value of your claim. Before accepting, get a clear estimate of your medical costs, future treatment needs, lost wages, and pain and suffering. Consider consulting a lawyer, especially for significant injuries. Signing a release typically ends your right to pursue more compensation.
Compensation may include past and future medical expenses, lost wages and loss of earning capacity, property damage, pain and suffering, and in some cases punitive damages if the at-fault party acted with gross negligence or malice. The recoverable items and valuation depend on the facts and applicable law.
Many car-accident lawyers handle personal-injury cases on a contingency-fee basis, meaning they only get paid if you recover money. The contingency fee is a percentage of the recovery and varies by firm and case complexity. Be sure to get fee details and any additional costs in writing before hiring an attorney.
Keep police reports, medical records and bills, photographs of injuries and vehicle damage, repair estimates, wage documentation, correspondence with insurers, witness contact information, and any medical-provider statements tying injuries to the crash. Preserve your vehicle and its parts until an insurer inspects if possible.
Helpful local and state resources for car-accident information and assistance:
- City of McAllen Police Department - for police reports and local crash investigations.
- Hidalgo County Sheriff’s Office and county courts - for information on local enforcement and filing claims in county court.
- Texas Department of Public Safety - oversees crash reporting and driver licensing matters in Texas.
- Texas Department of Insurance - information on insurance regulations, consumer protection, and how to file complaints against insurers.
- Texas RioGrande Legal Aid - provides legal help to qualifying low-income residents in south Texas.
- State Bar of Texas - for lawyer referrals, information about hiring an attorney, and guidance on attorney fees and ethics.
- Texas Health Care resources and local hospitals - for medical treatment and records.
If you need legal assistance after a car accident in McAllen, consider these practical next steps:
- Seek medical attention immediately and follow through on recommended care.
- Preserve evidence and keep organized records of all medical visits, bills, correspondence, and repair estimates.
- Obtain a copy of the police report and document witness statements and contact information.
- Notify your insurance company promptly, but avoid giving recorded statements or signing releases before consulting an attorney if your injuries are significant or liability is disputed.
- If your case involves serious injury, disputed fault, uninsured or underinsured motorists, or a government defendant, reach out to an experienced car-accident attorney for a consultation. Many personal-injury lawyers in the area offer free initial consultations and work on contingency fees.
- When consulting an attorney, bring the police report, medical records, photos, insurance information, and a timeline of events. Ask about the lawyer’s experience with similar cases, fee structure, expected timeline, and who will handle your file.
- Keep deadlines in mind - contact an attorney well before the two-year statute of limitations expires. If a government entity is involved, act quickly to meet shorter notice requirements.
Taking prompt, documented action improves your chances of protecting your legal rights and obtaining full compensation for injuries and losses after a car accident.
