A Brief Summary of the Following Article
HELPING VICTIMS OF AUTO ACCIDENTS FIND FINANCIAL & EMOTIONAL SUPPORT AND RECOVERY
If you need legal representation following a car accident, look no further than the Law Office of Shane McClelland, PLLC. Attorney Shane McClelland has almost 20 years of legal experience. He is dedicated to fighting for your rights and guiding you through the often-confusing legal process. We use a strategy for success, including gathering evidence, negotiating with insurance companies, and representing you in court, our team is ready to support you at every step.
Injuries and fatalities resulting from car accidents can devastate the lives of those involved as well as their families and loved ones. A car accident can result in physical injuries, emotional distress, and substantial financial losses, including property damage, medical expenses, and lost wages.
On this page:
- What Can a Katy Car Accident Attorney Do?
- Common Injuries
- Car Accident Types
- Common Causes
- Types of Legal Compensation Available
- What Should I Do if Involved in an Accident?
- How Long Do I Have to File After an Accident?
- What if the Other Driver Was at Fault But Does Not Have Insurance?
- What Is Uninsured Motorist Coverage?
- Can I Settle a Case Out of Court?
- Should I talk to the Other Driver’s Insurance Company?
WHAT CAN A KATY, TX CAR ACCIDENT ATTORNEY DO?
Car accidents can be a traumatic and overwhelming experience, leaving victims physically and emotionally drained. Trying to navigate the legal system alone can be daunting, but with the help of the Law Office of Shane McClelland, PLLC, you can rest easy knowing that you have the guidance and support you need to move forward confidently.
- Investigating the Accident: If you’ve been involved in an accident, having an experienced attorney on your side is essential to help you navigate the legal process and determine who is at fault. We will thoroughly investigate the accident by gathering key evidence and carefully reviewing all relevant traffic laws and regulations to ensure no violations have been committed, covering all possible angles.
- Negotiating with Insurance Companies: Negotiations with insurance companies can be tricky and time-consuming. Let us take the burden off your shoulders by representing you and protecting your rights during these discussions.
- Filing a Lawsuit: We can help you navigate the legal process and represent you in court. We build a strong case and fight for fair compensation for any damages or injuries you sustained in the accident.
- Understanding Legal Rights and Options: We thoroughly explain your legal rights and options under the relevant laws and regulations in Texas. We guide you in navigating the legal system and ensure your rights are protected throughout the process. Our goal is to provide you with the knowledge and resources necessary to understand and assert your legal rights and achieve a favorable outcome.
At the Law Office of Shane McClelland, PLLC, we understand the pain and suffering and stress a car accident injury lawsuit can bring. That’s why we’re here to take that burden off your shoulders and fight for the compensation you deserve. Let us level the playing field against insurance companies so you can focus on healing.
If you’ve been injured and are facing medical expenses, lost wages, or other losses, don’t hesitate to contact us for a free consultation.
“From the very first conversation, Shane made me feel at ease with his knowledge of the process and the necessary next steps.” – Steve R.
COMMON INJURIES FROM CAR ACCIDENTS
According to a 2022 “crash facts” report by the Texas Department of Transportation, there were 15,299 serious car collisions in the state. These collisions resulted in 4,481 fatalities. At least one person is killed in a traffic accident in Texas every 1 hour and 57 minutes. These staggering statistics are a reminder of the importance of safe driving practices and being aware of the risks on the road.
Common injuries after a wreck include:
Traumatic Brain Injuries
A traumatic brain injury (TBI) is a severe injury caused by a blow or penetration to the head. It can result in symptoms such as confusion, memory loss, headaches, dizziness, and loss of consciousness in severe cases.
Spinal Cord Injuries
The spinal cord is a delicate and vital part of the body that controls movement, sensation, and reflexes. When the spinal cord is damaged, it can lead to loss of sensation, mobility, and in severe cases, paralysis. Because of the forces pushing against you in a car wreck, backs are very susceptible to injuries.
Car accidents can also cause broken bones, particularly in the limbs, ribs, and pelvis. These injuries may require surgery and extensive rehabilitation.
Whiplash occurs when the head and neck are jerked forward and backward in a rapid motion, causing strain and damage to the muscles and ligaments in the neck. Symptoms of whiplash include neck pain, stiffness, headaches, and sometimes dizziness.
It’s essential to get checked out by a medical professional as soon as possible after a car accident, even if you think your injuries are minor. Sometimes, symptoms can take days to appear.
It’s important to document any injuries you sustained so you can use the documentation as evidence when it’s time to file a lawsuit for damages. We can explain more during a free consultation.
Car Accident Types
Various types of car accident cases can occur in Katy, Texas, each with unique circumstances, contributing factors, and legal complexities. These include:
- Rear-end collisions: Rear-end collisions happen when one vehicle crashes into the back of another that is either stopped or moving slowly. This can happen due to distracted, drowsy, or reckless driving and can result in serious injuries such as whiplash and head injuries.
- Head-on collisions: When two vehicles collide at their front ends, the result is a head-on collision. These accidents can have devastating consequences and frequently result in severe injuries or death. Such crashes result from driver mistakes, such as driving impaired or recklessly.
- T-bone accidents: Also known as side-impact accidents, this happens when the side of one vehicle slams into the side of another. These often occur at intersections when one driver disregards a red light or stop sign, and can result in severe injuries, including broken bones, head trauma, and internal damage.
- Sideswipe accidents: Sideswipe accidents happen when the side of one vehicle makes contact with the side of another while traveling in the same direction. These accidents are often caused by distracted drivers or a car drifting into another lane.
- Rollover accidents: Rollovers happen when a car flips over onto the side. They can be caused by going too fast or by the design or condition of the vehicle. These types of accidents can be hazardous and even deadly.
- Hit-and-run accidents: A hit-and-run incident is a collision where one driver flees the scene, leaving behind potential injuries or casualties. These types of accidents can lead to severe legal consequences for the responsible party.
- Single-vehicle accidents: These occur when only one vehicle is involved in the accident. Single-vehicle accidents can happen due to driver error, poor road conditions, or mechanical failure.
- Multi-vehicle accidents: Accidents involving multiple vehicles can be an absolute nightmare. Not only can they result in serious injuries or even fatalities, but it can be more difficult to determine fault and liability.
At the Law Office of Shane McClelland, PLLC, our commitment is to provide comprehensive and tailored legal representation to each client, guiding them through the complexities of their specific car accident case. No matter what type of accident you were injured in, we are here to advocate for your rights and pursue the compensation you deserve from the responsible party.
Common Causes of Car Accidents
There are multiple potential causes of car accidents, some of which include:
- Distracted Driving: This includes using a cell phone while driving, eating or drinking, or even applying makeup or shaving. These activities take a driver’s attention away from the road, leading to severe accidents and injuries.
- Reckless Driving: Speeding, blowing through red lights and stop signs, and taking illicit turns are all dangerous maneuvers that harm other drivers and pedestrians and can result in devastating collisions.
- Impaired Driving: Driving under the influence of alcohol, drugs, or even prescription medication can impair a driver’s ability to react quickly and make safe decisions on the road.
- Poor Road Conditions and Weather: Drivers must stay vigilant when navigating the roads, as neglect and inclement weather can lead to potholes, slippery surfaces, or poorly maintained roadways.
If you or a loved one has been injured in an accident, get in touch with our team today by calling (713) 987-7107.
TYPES OF LEGAL COMPENSATION AVAILABLE FOR CAR ACCIDENT VICTIMS
If you have been involved in a car accident, you must take immediate action to protect your rights and seek legal representation. The aftermath of a car accident can be overwhelming, and it is essential to have an experienced car accident attorney in Katy to guide you through the legal process and ensure that you receive the compensation you deserve for any injuries or damages suffered.
- Medical Expenses: One type of compensation that victims can recover is the cost of any medical treatment they received as a result of the accident. This can include emergency room visits, hospital stays, surgeries, physical therapy, and medication. Victims should keep all bills and receipts related to their medical treatment, as they will need to provide documentation of their expenses when seeking compensation. But the Law Office of Shane McClelland, PLLC can help gather your medical records after a car accident.
- Lost Wages: If you’ve been injured and cannot work, you must keep track of any loss in wages you may have experienced. It’s essential to consider not just the time you had to take off work to recover from your injuries but also any potential impact on your future earning potential. Pay stubs and other documentation to back up your lawsuit can be helpful when seeking compensation.
- Property Damage: You may be able to get compensation for damage to your vehicle or personal property from an accident, including items in the car. You need to document the damage with photos and keep bills for repairs or replacements to show as evidence.
- Pain and Suffering: Pain and suffering compensation can include various physical and mental distress types, such as physical pain, anxiety, and depression. It may be challenging to calculate, but our Katy car accident attorney can help you determine an appropriate amount.
- Punitive Damages: In some cases, victims recover additional damages as a way of punishing the at-fault party for particularly egregious conduct. Punitive damages are not intended to compensate the victim but to punish the wrongdoer and deter similar conduct in the future.
It is important to note that Texas is a “fault” state, which means that the person found to be at fault for the accident is financially responsible for compensating the victim. If you’ve been in an accident, working with a seasoned Katy car accident lawyer is crucial to figure out who’s at fault and to gather evidence to back up your compensation lawsuit.
If you were in a car accident, don’t hesitate to contact the Law Office of Shane McClelland, PLLC as soon as possible by calling 713-987-7107!
Why Choose the Law Office of Shane McClelland, PLLC?
After a personal injury, selecting the right attorney can make all the difference. Here are compelling reasons to choose the Law Office of Shane McClelland, PLLC for your legal representation:
Benefit from nearly two decades of Attorney Shane McClelland’s knowledge in personal injury law. Mr. McClelland’s extensive experience with car accident cases forms the foundation for effective representation and successful outcomes.
Experience legal advocacy centered around you. We prioritize your concerns, goals, and well-being throughout the legal process. To us, the car crash you experienced is not just a case, it is a story that needs to be heard.
Proven Track Record
Trust in a history of successful outcomes. For almost two decades, the Law Office of Shane McClelland has consistently secured favorable results for clients in a diverse range of personal injury and car accident lawsuits in Katy and across Texas.
Stay informed at every step. We believe in transparent and open communication, ensuring that you are aware of the progress of your car accident case, potential challenges, and available options.
We navigate the legal process with compassion. Our team understands the toll that car crashes can take. Our approach is marked by empathy, support, and a genuine commitment to your well-being.
Receive legal strategies tailored to your unique circumstances. No two car wrecks are identical, and we recognize the importance of adapting our approach to address the specific challenges of your situation.
Thorough Case Preparation
Rely on meticulous case preparation. Success often hinges on thorough preparation, and Attorney Shane McClelland gathers compelling evidence, analyzes details meticulously, and develops robust legal strategies.
Negotiation and Litigation Skills
Whether negotiating with insurance companies or presenting your case in court, Attorney Shane McClelland possesses the experience and skills needed to secure the ideal resolution for you after suffering injuries in a car accident in Katy, Texas.
What Should I Do if I Am Involved in a Car Accident?
If you find yourself in a car accident in Katy, Texas, you should take a few essential steps to protect your safety and legal rights.
- Step 1: Call 911. The first thing you should do after a car accident is to call 911 to report the accident and request medical assistance if necessary. Even if the accident seems minor and no one appears to be injured, it is always best to err on the side of caution and call for emergency services. The operator will dispatch the necessary personnel, such as police and paramedics, to the accident scene. If anyone is injured, it is essential to get them medical attention as soon as possible.
- Step 2: Exchange contact information with the other driver(s) involved in the accident. After contacting 911, exchange contact information with the other driver(s) involved in the accident and:
- Get the driver’s name, address, and phone number.
- Note the other vehicle’s make, model, and license plate number.
- Keep this information easily accessible for future reference.
- Step 3: Take photographs and gather evidence. If you are physically able, taking photographs of the accident scene is a good idea, including any damage to your car and the other vehicle(s) involved. It would also help to photograph any injuries you or your passengers sustained. Be sure to get the name and contact information of any witnesses who saw the accident. If you decide to file a lawsuit with your insurance company or take legal action against the other driver, support your case with this evidence.
- Step 4: Contact your insurance company. After the accident, you should contact your insurance company as soon as possible to report the accident. Be sure to keep a record of the date, time, and name of the person you spoke with at the insurance company.
Taking these steps can help smooth the process for insurance claims and potential legal actions after a car accident. Remember, seeking professional guidance from a Katy, TX car accident attorney as soon as possible can provide valuable assistance in navigating the aftermath of a crash.
How Long Do I Have to File a Car Accident Lawsuit?
In Texas, the statute of limitations for filing a car accident lawsuit is typically two years from the date of the accident. This means that you have two years from the accident date to file a lawsuit against the liable party. If you do not file a lawsuit within two years, you may lose the right to take legal action related to the accident.
Taking legal action can be extended in certain circumstances:
- If you are involved in the accident and were a minor, the statute of limitations will start once you turn 18.
- If you cannot file a lawsuit because of a mental or physical condition at the time of the accident, the period in which you can file a lawsuit may be extended until you’re capable of doing so.
If you are considering filing a lawsuit after a car accident, consult with a Katy car accident lawyer as soon as possible to ensure you comply with the applicable deadlines and to receive guidance tailored to your specific situation.
What if the Other Driver Was at Fault But Does Not Have Insurance?
If you are involved in a car accident, and the other driver was at fault but does not have insurance, you may still have options for recovering damages. One option is to use your uninsured motorist coverage, if you have it.
What Is Uninsured Motorist Coverage?
Uninsured or underinsured motorist coverage is an optional type of car insurance that can protect you if you are involved in an accident with a driver who does not have insurance or does not have enough insurance to cover the damages. This coverage is typically offered as part of a standard car insurance policy. However, the coverage limits may be lower than those of your liability coverage.
If you are involved in an accident with an uninsured or underinsured driver and they are found to be at fault, your uninsured motorist coverage steps in to fill the financial gap left by the at-fault party’s lack of insurance or insufficient coverage. This coverage can assist in covering medical expenses, lost wages, and other damages you and your passengers sustained as a result of the accident.
It is essential to check your insurance policy and understand your coverage so you know what to expect in the event of an accident. If you do not have uninsured or underinsured motorist coverage, consider adding it to your policy to provide additional protection.
Uninsured motorist coverage is an invaluable safeguard for Texas drivers, offering financial protection in situations where the responsible party lacks adequate insurance coverage. In some cases, you may even be able to “stack” uninsured motorist coverage if you have multiple vehicles on the same policy. This allows you to combine the coverage limits for multiple vehicles.
Can I Settle a Car Accident Case Out of Court in Katy, Texas?
It is possible to settle a car accident case out of court in Texas. Many car accident cases are resolved through negotiations between the parties rather than through a trial. This is known as an out-of-court settlement.
Benefits to settling a car accident case out of court include:
- Save time and money. Going to trial can be long and expensive; an out-of-court settlement can avoid this. Settling out of court also means you do not have to go through the stress and uncertainty of a trial.
- Protect your privacy. In a trial, the proceedings are public, and the case details are shared with the public. This can be uncomfortable for some people. An out-of-court settlement allows the parties to keep the facts of the case private.
Resolving a car accident dispute in Katy without going to court usually involves hiring attorneys to negotiate a settlement for each party. This settlement typically includes payment to the injured party and releasing future legal lawsuits. The agreement is then signed by both parties to finalize the settlement.
Should I Talk to the Other Driver’s Insurance Company After a Car Accident?
When it comes to car accidents, one of the first things that often comes to mind is the insurance process. One aspect of this process is communicating with the other driver’s insurance company. You should consult your own Katy car accident lawyer before speaking with the at-fault driver’s insurance company. It is their job to protect their insured (the driver who caused the wreck) and their own bottom line. The insurance company is not looking out for your best interests. To protect your best interests, it is advisable to contact an attorney immediately following your accident and BEFORE speaking with the other driver’s insurance company. Your attorney will discuss with you your case and when and what to discuss with the opposing party’s insurance company.
Insurance companies may try to get you to make a recorded statement and ask confusing and poorly worded questions to confuse you and twist the situation. Then the insurance company may use statements against you in an attempt to minimize the amount of money they have to pay. It is best to have legal representation before giving any statement to the other driver’s insurance company.
Get In Touch With the Law Office of Shane McClelland, PLLC Today
Having a Katy, TX car accident attorney can help protect your rights and interests. An attorney can advise you on what to say and what not to say to the insurance company and help negotiate a fair settlement on your behalf. They can also help you understand the legal process and what you can expect from the insurance company.
Keep in mind that the insurance company is only sometimes on your side. Their primary goal is profit, and they often try to pay out as little as possible. So, you’ll want a seasoned attorney on your side who is looking out for your best interests.
Call us at 713-987-7107 to schedule a free consultation with a Katy car accident attorney and get started on your case today.