Car Accidents Attorney in McAllen, TX

Sustaining an injury in a traffic accident can be a painful and overwhelming experience. According to statistics from the Texas Department of Transportation, there were 2,581 total crashes in Edinburg, Texas in 2019. Of these, there were about 1,217 possible injuries and six fatalities.

If you or someone you love has been injured in a car accident caused by someone else's negligence, you may be entitled to seek fair compensation for your injuries and property damages. At The Law Office of Aaron Fonseca, I am committed to providing compassionate representation to victims of auto accidents and their loved ones.

As an experienced Texas personal injury attorney, I will fight vigorously to protect your rights and help you pursue compensation that can cover medical expenses, lost income, future medical treatment, and any additional pain and suffering. As your legal counsel, I will offer you the experienced legal guidance, support, and advocacy you need to hold the liable party responsible. I’m also proud to represent accident victims across Edinburg, Texas, and the surrounding communities of McAllen, Mission, and the Rio Grande Valley.

Proving Liability in Texas Car Accidents

Texas is considered an "at-fault" state. This means that the driver who caused the car crash (the at-fault party) will be held liable for any injury or property damage sustained by the accident victims. The injured person or driver may recover damages by:

• Filing an injury claim with their own insurance company

• Filing a third-party claim with the at-fault driver's insurance carrier

• Filing a personal injury lawsuit against the at-fault driver in civil court

The circumstances surrounding the auto accident, as well as the magnitude of the damages suffered, can help determine which of these options is the most appropriate course of action.

Insurance Requirements in Texas

According to Texas Transportation Code section 601.072, Texas motorists are required to have a minimum liability insurance coverage of:

• $30,000 liability coverage for bodily injuries per person

• $60,000 liability coverage for total bodily injuries per accident involving two or more people

• $25,000 liability coverage for property damage per accident

The purpose of the basic liability coverage is to pay for the medical expenses, property damage bills, and other accident-related expenses incurred by the victims, up to coverage limits. As a part of their insurance policy, Texas drivers are also advised to add underinsured or uninsured motorist coverage.

Texas State Laws Addressing Claims

There are certain Texas state laws that address reporting a car accident, the time limit to file injury claims, and the amount of damages that may be recovered. These include:

Reporting a Car Accident

Under the Texas Transportation Code, a person involved in a motor vehicle accident in the state must report the incident to the Texas Department of Transportation if:

• The accident is not investigated by a law enforcement officer

• At least one person sustains an injury or death

• The damage to a vehicle or property is more than $1,000

Statute of Limitations

According to Texas Civil Practice & Remedies Code section 16.003, any injury claim — whether filed by a driver, passenger, pedestrian, bicyclist, motorcyclist, or electric scooter rider — must be filed within two years of the date the accident occurred.

Understanding Modified
Comparative Fault

When more than one person is found responsible for an accident, Texas uses what’s known as the "modified comparative fault" rule with a 51 percent bar. Under this system, the damages that you may recover will be reduced by your percentage of fault. However, you will be barred from receiving any compensation at all if you are found to be 50 percent or more responsible for the accident.

For instance, if the jury awards $100,000 in total damages, and you were found to be 20 percent responsible for the accident, you will only receive 80 percent of the $100,000 settlement ($80,000). If the Texas court finds you to be more than 50 percent responsible for the traffic collision, you will not be allowed to recover any compensation.

Filing a Wrongful Death Claim in Texas

Pursuant to Texas Civil Practice & Remedies Code section 71.002, an action for actual damages arising from an injury that causes an individual's death may be brought if the injury was caused by another person's wrongful act, neglect, carelessness, unskillfulness, or default. The person responsible for the injury or injuries that ultimately caused the death can be held liable through a wrongful death claim.

Who Can File?

According to Texas Civil Practice & Remedies Code section 71.004, the following people may file a wrongful death claim:

• The surviving spouse, adult children, and parents of the deceased

• The executor or administrator of the decedent's estate

No amount of financial compensation will ever be enough to fill the void left by the loss of a loved one. However, filing a wrongful death action can provide the surviving family members with the financial assistance they need to cover outstanding medical bills, loss of consortium, funeral expenses, lost income, and burial expenses.

How a Texas Personal
Injury Attorney Can Help

Being involved in a car accident is often a scary experience. Such an unfortunate incident can affect you physically, emotionally, and financially — and you shouldn't have to go through these challenges alone. If you or someone you know has been injured in a car accident, retaining an experienced Texas personal injury attorney is the first step toward protecting your rights and pursuing your compensation you need to fully recover.

At The Law Office of Aaron Fonseca, I have devoted my career to handling personal injury and car accident cases. I can help:

• Work to identify the responsible parties involved in the accident

• Review the facts surrounding the case and conduct a thorough investigation

• Gather every relevant piece of information, required evidence, and all necessary documentation

• Work to establish liability and prove fault

• Determine the magnitude of your injuries, losses, and estimate case-value

• Help negotiate a fair settlement with the insurance companies

• File a personal injury or wrongful death lawsuit, if needed

As your legal counsel, I will fight compassionately to protect your rights and represent your best interests from start to finish. With my legal experience on your side, I truly believe I can help increase your chances of achieving the best possible outcome in your personal injury case. So don’t wait. Call or reach out to my firm today to get the reliable legal counsel and guidance you need.