If you were in a rear-end collision in McAllen, our team can represent you as you seek to recover damages for injuries you suffered in the accident. A rear-end collision lawyer serving McAllen at D. Miller & Associates, PLLC™ will investigate your collision, injuries, and losses, working on your behalf to hold the at-fault parties accountable.
The entire team at our firm prides itself on being accessible to our clients. We even hold Facebook livestreams to answer our clients’ questions so that they always feel connected to their cases.
How Texas Law Protects You from Negligence
When the negligence of another party—whether it be another driver or a large corporation—causes an individual to sustain an injury, the law holds the at-fault party legally accountable for damages.
Texas law defines the elements of a case that make a party liable for an individual’s injuries. The following must be established to prove negligence:
- Duty of care: One party owed a duty to behave in a way that would keep others free from harm and injury.
- Breach of duty of care: The party failed to fulfill their duty of care.
- Causation: This failure caused another individual to suffer injury.
- Damages: The injured party sustained recoverable damages.
When these four elements exist in the case of a rear-end collision, the law finds the negligent party liable for damages.
We Can Set Out to Prove the Cause of Your Rear-End Collision
Our firm will investigate every aspect of your case, starting with how the accident happened. We will:
- Assess the scene of the collision
- Obtain and review police accident reports
- Take pictures at the accident scene and review them
- Get and view any video from surveillance cameras
- Interview witnesses
- Work with accident reconstruction specialists
We Can Pursue Your Damages and Assign Value to Them
We will also gather evidence that proves every way in which your injuries have cost you. We will:
- Gather all your medical records
- Collect wage statements from your employer
- Talk to experts in the medicine, economics, psychology, and occupational therapy fields
This information will enable us to construct a demand letter and submit it to the negligent party’s insurance company.
Types of Possible Recoverable Damages
The types of damages you might recover depend on the circumstances of your case—the extent and severity of your injuries, how they have affected your ability to earn an income, and so on.
Common types of damages that could apply to a rear-end collision in McAllen include:
- Medical expenses (past and future)
- Prescription medicines
- Physical therapy/rehabilitation
- Lost income and benefits
- Diminished future potential income
- Replacement services
- Mental anguish and pain and suffering
We will submit your damages to the at-fault party’s insurance company. If the insurer refuses to agree to a fair settlement, we can file a lawsuit and have a civil court resolve the matter.
If you lost your loved one as the result of injuries sustained in a rear-end collision, you can pursue a wrongful death action. Our firm can handle this action on your behalf.
You Need to File Your Lawsuit Before the Statute of Limitations Expires
Texas law limits the time you have after your accident in which you can file a lawsuit against the negligent party. This is called the statute of limitations. In Texas, the clock generally stops at two years.
The sooner you hire a lawyer to begin investigating your case and negotiating with the insurer, the more time you give your attorney to file a lawsuit on your behalf within the statute’s two-year window.
Steps You Can Take After Getting Into a Car Accident in McAllen
You will want to start protecting your legal rights from the moment you are injured. You do not want to give the other party, their insurer, or their legal counsel the chance to bully you into accepting a low settlement offer.
The following measures could help you seek the recovery you deserve:
- Seek medical care.
- Refrain from giving more information than is necessary.
- Refuse to give a recorded statement or talk to the claims adjuster without your lawyer.
- Gather evidence of your losses and injuries.
You should also write down your account of events. You do not want to forget a detail that could boost your case. You can reach out to our team today to learn more about what measures could protect your legal rights.
How Negligence Can Cause Rear-End Collisions
The following factors can worsen the outcome of tailgating—or on their own can lead to a rear-end collision:
- Driving while texting, eating, or otherwise distracted
- Driving while under the influence of drugs or alcohol
- Driving while fatigued
- Excessive traffic
- Aggressive driving
- Road rage
- Mechanical failure (faulty or defective vehicle components)
- Road debris
- Inadequate lighting
- Poorly maintained roads
- Inclement weather
Regardless of the circumstances, if the negligence of another individual or organization (parts manufacturer, municipality, construction company, etc.) caused the rear-end collision that injured you, our rear-end collision lawyers serving McAllen will work to hold them accountable.
Our Team Is Ready to Fight for You
Your accident has already caused you enough discomfort. D. Miller & Associates, PLLC™ has a rear-end collision lawyer serving McAllen who can take the matter of your financial recovery off your plate so you can focus your thoughts and efforts on recovering from your injuries.
Call our firm today for a free consultation at (713) 850-8600.