Expert Legal Guidance from McKay Law PLLC for Hopkins County, Hunt County, and Surrounding East Texas Communities
Being injured in an automobile accident in East Texas creates immediate challenges: medical treatment needs, vehicle damage, lost income, insurance company pressure, and uncertainty about your legal rights. The actions you take in the hours, days, and weeks following your accident directly impact your ability to recover fair compensation for injuries, property damage, and financial losses.
This comprehensive guide from McKay Law PLLC—East Texas’s premier personal injury law firm serving Sulphur Springs, Greenville, Commerce, Paris, Tyler, and Dallas—provides step-by-step instructions for filing successful automobile accident claims that maximize your compensation recovery while avoiding common mistakes that compromise case value.
Whether your accident occurred on Interstate 30, Highway 67, rural Hopkins County roads, or Sulphur Springs city streets, understanding Texas’s specific claim requirements and insurance company tactics protects your financial future and legal rights.
Step 1: Prioritize Safety and Medical Care Immediately After Your Accident
Your first priority following any automobile accident is safety and health—both your own and that of others involved in the collision.
Call 911 for Police and Emergency Medical Response
Always call 911 after automobile accidents, even seemingly minor collisions. Emergency dispatch coordinates:
- Police response: Law enforcement officers document accident scenes, determine fault, issue traffic citations, interview witnesses, and create official accident reports that become critical evidence in insurance claims and legal proceedings.
- Emergency medical services: Paramedics evaluate injuries at accident scenes, provide immediate treatment, and transport seriously injured victims to Hopkins County Healthcare System, CHRISTUS Mother Frances Hospital, UT Health East Texas, or other regional medical facilities.
Many accident victims decline ambulance transport because they feel “okay” immediately after collisions. However, adrenaline masks injury symptoms, and conditions like whiplash, concussions, internal bleeding, and soft tissue damage often don’t produce noticeable symptoms for hours or days after accidents.
Critical insurance claim rule: Gaps between accident dates and initial medical treatment give insurance companies ammunition to argue injuries weren’t serious or weren’t caused by accidents. Seeking immediate medical evaluation—even if you’re ultimately released without treatment—creates medical documentation establishing injury causation and protecting claim value.
Move to Safety When Possible
If vehicles remain operational and you can move safely, relocate to roadway shoulders or parking areas away from traffic. East Texas highways including Interstate 30, Highway 67, Highway 19, and Highway 11 carry high-speed traffic that creates secondary accident risks when vehicles remain in travel lanes.
Activate hazard lights, deploy emergency triangles or flares if available, and remain in safe locations until police arrive.
Do Not Leave Accident Scenes
Texas law requires drivers involved in accidents causing injury, death, or property damage to remain at accident scenes. Leaving constitutes hit-and-run—a criminal offense carrying serious penalties including jail time, license suspension, and civil liability complications.
If you must seek medical treatment before police complete investigations, inform officers of your destination and contact information.
Step 2: Document the Accident Scene Thoroughly
Comprehensive accident scene documentation strengthens insurance claims and provides critical evidence when insurance companies dispute liability or minimize injuries.
Photograph Everything
Modern smartphones provide powerful documentation tools. Photograph:
Vehicle damage: Capture all damage angles on all vehicles involved. Photograph close-ups showing impact points, structural damage, deployed airbags, broken glass, and fluid leaks. Wide shots showing overall vehicle damage and final resting positions.
Accident scene context: Document roadway conditions, traffic control devices, weather conditions, lighting, visibility obstructions, skid marks, debris patterns, and environmental factors contributing to accidents.
Injuries: Photograph visible injuries including lacerations, bruising, swelling, and bleeding. Continue photographing injuries as they develop and heal, creating visual timelines demonstrating injury progression.
License plates and insurance information: Photograph other drivers’ license plates, insurance cards, driver’s licenses, and vehicle registrations ensuring you capture accurate information.
Intersection or location: Photograph street signs, address markers, and landmarks establishing exact accident locations.
Property damage: Document damage to guardrails, fences, traffic signals, signs, or other property.
Take more photos than you think necessary—comprehensive documentation proves invaluable when memories fade and insurance companies challenge your account months later.
Collect Information from All Parties
Exchange information with all drivers involved:
- Full legal names and contact information
- Insurance company names and policy numbers
- Driver’s license numbers and states
- Vehicle make, model, year, color, and license plates
- Vehicle owner information if different from drivers
Important: Exchange information cooperatively but avoid discussing fault, apologizing, or making statements about accident causation. Simple information exchange doesn’t constitute admitting liability.
Gather Witness Information
Independent witnesses provide crucial corroboration when insurance companies dispute accident circumstances. Collect:
- Witness names and contact information (phone numbers, addresses, emails)
- Brief descriptions of what witnesses observed
- Willingness to provide formal statements
Witnesses present at accident scenes may disappear before police complete investigations. Proactive witness identification preserves this critical evidence.
Preserve Physical Evidence
Retain physical evidence when possible:
- Damaged clothing, eyeglasses, phones, or personal property
- Deployed airbags (if removed during vehicle repairs)
- Defective vehicle parts if mechanical failure contributed to accidents
- Photos of rental car receipts, medical bills, and expense documentation
This evidence supports damages calculations and demonstrates injury severity.
Step 3: Obtain Official Police Accident Reports
Law enforcement officers responding to East Texas automobile accidents create official accident reports documenting:
- Accident dates, times, and locations
- Driver information and insurance details
- Witness statements and contact information
- Officer observations about road conditions, weather, and visibility
- Preliminary fault determinations
- Traffic citations issued
- Diagram illustrations showing vehicle positions and collision dynamics
Police reports provide authoritative third-party documentation insurance companies consider heavily during claim evaluations.
How to Obtain Texas Accident Reports
Texas Department of Transportation: Purchase accident reports through the Texas DOT’s online crash records system at [website]. Reports typically become available 7-14 days after accidents. Cost is $8 per report.
Local law enforcement agencies: Hopkins County Sheriff’s Office, Sulphur Springs Police Department, Greenville Police Department, Commerce Police Department, and other local agencies may provide reports directly.
Through your attorney: McKay Law PLLC obtains accident reports as part of comprehensive claim development, ensuring you receive copies without additional effort.
Review Reports for Accuracy
Police reports sometimes contain errors—incorrect driver information, inaccurate accident descriptions, or mistaken fault determinations. Review reports carefully and notify attorneys immediately about inaccuracies requiring correction or clarification.
While correcting official police reports can be challenging, experienced attorneys know how to address report errors through supplemental documentation, witness statements, and independent accident reconstruction.
Step 4: Seek Comprehensive Medical Treatment
The connection between medical treatment thoroughness and claim value cannot be overstated. Insurance companies scrutinize medical records intensely, using treatment gaps, inconsistent complaints, and incomplete therapy programs to argue injuries weren’t serious.
Emergency Room or Urgent Care Evaluation
Even if you declined ambulance transport, visit emergency rooms or urgent care facilities within 24 hours of accidents for professional medical evaluation. ER physicians:
- Conduct physical examinations identifying injuries
- Order diagnostic tests (X-rays, CT scans, MRIs) revealing internal injuries
- Provide initial treatment and pain management
- Create medical records establishing injury causation
- Refer to specialists for follow-up care
Emergency room visits create critical documentation linking injuries directly to accidents—evidence that becomes essential when insurance companies dispute causation weeks or months later.
Follow All Treatment Recommendations
Follow every treatment recommendation physicians provide:
Specialist referrals: See orthopedic surgeons, neurologists, pain management specialists, and other experts physicians recommend. Specialist care provides authoritative diagnosis and treatment supporting higher claim values.
Physical therapy: Complete full physical therapy programs even when improvements occur. Partial completion gives insurance companies arguments that injuries resolved quickly or weren’t serious.
Diagnostic testing: Undergo all recommended MRIs, CT scans, EMG studies, and other diagnostic procedures. Comprehensive testing documents injury severity objectively.
Prescription medications: Fill prescriptions and follow medication schedules. Prescription records demonstrate ongoing pain and treatment necessity.
Follow-up appointments: Attend every scheduled follow-up. Missed appointments create treatment gaps insurance companies exploit.
Document All Medical Treatment
Maintain detailed records of all medical care:
- Provider names, addresses, and contact information
- Treatment dates and descriptions
- Diagnostic test results
- Prescriptions and medications
- Medical bills and payment records
- Mileage to medical appointments
- Out-of-pocket expenses
Comprehensive documentation ensures you receive compensation for every medical expense and establishes injury severity supporting non-economic damages.
Be Honest About Pre-Existing Conditions
Insurance companies investigate medical histories searching for pre-existing conditions they can blame for current complaints. Attempting to hide previous injuries backfires when insurance companies discover them through medical records review.
Instead, be honest with physicians and attorneys about pre-existing conditions. Texas law allows recovery for aggravation of pre-existing conditions—insurance companies must compensate you for worsening previous injuries even if complete causation isn’t established.
Experienced attorneys like those at McKay Law PLLC effectively distinguish between pre-existing conditions and new injuries caused by accidents, protecting your claim from insurance company defenses.
Step 5: Report the Accident to Your Insurance Company
Texas law and insurance policy contracts require prompt accident notification to your own insurance carrier—even when other drivers were clearly at fault.
Report Promptly But Carefully
Contact your insurance company within 24-72 hours of accidents. Provide basic information:
- Accident date, time, and location
- Other driver information
- Basic accident description
- Police report information
- Notice that you’ve retained legal counsel (if applicable)
Critical warning: Keep initial reports brief and factual. Do NOT:
- Provide detailed accident descriptions
- Speculate about fault or causation
- Discuss injuries extensively
- Admit any degree of fault
- Give recorded statements
- Sign medical authorizations
Insurance companies—including your own carrier—use detailed information against you. Even innocent statements can be twisted to deny or reduce claim value.
Understand Your Own Coverage
Review your insurance policy understanding available coverage:
Liability coverage: Pays for damage you cause to others (not applicable when you’re the victim)
Collision coverage: Pays for your vehicle damage regardless of fault, subject to deductibles
Comprehensive coverage: Pays for vehicle damage from non-collision events (theft, vandalism, weather, animal strikes)
Uninsured/underinsured motorist (UM/UIM): Pays when at-fault drivers lack insurance or carry insufficient coverage—critical protection in Texas where many drivers operate uninsured or underinsured
Medical payments (Med-Pay): Pays medical expenses regardless of fault, providing immediate payment for treatment while injury claims proceed
Personal injury protection (PIP): Similar to Med-Pay but broader, covering medical expenses, lost wages, and other costs (less common in Texas than other states)
Understanding your coverage helps you access benefits you’ve paid premiums to secure.
Coordinate with Your Attorney
If you’ve retained McKay Law PLLC or another personal injury attorney, let your attorney handle insurance communications. Attorneys know what information to provide, what to withhold, and how to protect your interests during the claim process.
Step 6: Do NOT Speak with the At-Fault Driver’s Insurance Company
This is perhaps the most important advice in this entire guide: Do not give statements to the at-fault driver’s insurance company without attorney representation.
Why Insurance Adjusters Want Your Statement
The at-fault driver’s insurance adjuster will contact you quickly—often within 24-48 hours—presenting a friendly, concerned demeanor and requesting a recorded statement “just to understand what happened.”
This is a trap.
Insurance adjusters are trained negotiators whose primary job is minimizing claim payouts to protect company profits. Recorded statements serve one purpose: creating evidence the insurance company will use to deny or reduce your claim.
Adjusters use sophisticated tactics:
Leading questions: Questions phrased to elicit desired answers (“The weather was bad that day, wasn’t it?” suggests weather caused the accident rather than driver negligence)
Inconsistency creation: Asking the same questions multiple ways hoping your answers vary slightly, then claiming “inconsistent statements” prove you’re lying
Injury minimization: “How do you feel today?” asked on a day you’re feeling relatively better, creating records suggesting injuries weren’t serious
Prior injury admission: Questions about medical history intended to discover pre-existing conditions they can blame for current injuries
Scope expansion: Questions beyond the accident itself designed to find any information usable against you
Your Legal Right to Attorney Representation
You have absolutely no legal obligation to speak with the at-fault driver’s insurance company. You have every legal right to require they communicate through your attorney.
When adjusters call, politely respond: “I’ve retained McKay Law PLLC to represent me. Please contact my attorney at [phone number]. I won’t be providing statements without my lawyer present.”
Then end the conversation. Do not let adjusters guilt-trip you, claim they “just need a quick statement,” or suggest that refusing to cooperate will hurt your claim. These are manipulation tactics.
Let Your Attorney Handle All Communications
Once you’ve retained McKay Law PLLC, your attorney handles all insurance communications:
- Providing formal accident notification
- Submitting demand packages with supporting documentation
- Negotiating settlement offers
- Countering lowball offers with evidence-based arguments
- Protecting you from insurance company tactics
This professional representation ensures you don’t inadvertently damage your claim through innocent mistakes during insurance company interrogations.
Step 7: Preserve and Organize Evidence
Successful automobile accident claims require comprehensive evidence supporting every element of damages.
Create a Claim File
Establish an organized file (physical or digital) containing:
Accident documentation:
- Police reports
- Photos from accident scene
- Witness information
- Tow truck and storage receipts
- Property damage estimates
Medical records and bills:
- Emergency room records and bills
- Physician visit notes
- Specialist reports and treatment plans
- Physical therapy records
- Diagnostic test results (X-rays, MRIs, CT scans)
- Prescription records
- Medical bills from all providers
Lost wage documentation:
- Pay stubs from before and after accidents
- Employer letters confirming missed work
- Tax returns for self-employed individuals
- Sick leave and disability payment records
Vehicle and property damage:
- Vehicle repair estimates and invoices
- Total loss valuations
- Diminished value assessments
- Rental car receipts
- Personal property damage (phones, laptops, tools, equipment)
Daily impact documentation:
- Pain journals describing daily pain levels and activities affected
- Photos showing injury progression and healing
- Records of cancelled activities and events
- Documentation of household task limitations
Comprehensive organization ensures you don’t overlook compensable damages when negotiating settlements.
Continue Documenting Throughout Recovery
Claim development continues throughout your recovery period. Continue documenting:
- All ongoing medical treatment
- Persistent symptoms and complications
- Activity limitations and lifestyle impacts
- Financial losses and expenses
- Emotional and psychological impacts
This ongoing documentation supports comprehensive damages calculations maximizing compensation.
Step 8: Understand Texas Automobile Accident Law
Several Texas-specific legal principles affect automobile accident claims:
Texas Comparative Negligence Law
Texas follows “modified comparative negligence” rules allowing accident victims to recover compensation even when partially at fault—with important limitations:
51% Rule: You can recover compensation only if your fault doesn’t exceed 50%. If you’re 51% or more at fault, you recover nothing.
Proportional reduction: Compensation is reduced by your fault percentage. If you suffer $100,000 in damages but are found 20% at fault, you recover $80,000 ($100,000 minus 20%).
Insurance companies aggressively argue comparative negligence to reduce settlements. Even when other drivers clearly caused accidents, adjusters manufacture arguments attributing partial fault to victims:
- “You could have avoided the accident if you’d reacted faster”
- “You were speeding slightly, contributing to the collision”
- “You failed to maintain proper lookout”
Experienced attorneys like McKay Law PLLC counter these arguments through accident reconstruction, witness testimony, and evidence demonstrating minimal or zero victim fault.
Texas Statute of Limitations
Texas law allows two years from accident dates to file personal injury lawsuits. This deadline is absolute—missing it bars recovery regardless of injury severity or damages amount.
While two years seems like substantial time, comprehensive case development requires months:
- Medical treatment must conclude or reach maximum medical improvement
- Medical records collection takes weeks or months
- Independent medical examinations require scheduling and completion
- Accident investigation and expert witness retention take time
- Settlement negotiations can extend for months
Delayed attorney consultation risks rushed preparation when deadlines approach. Contact McKay Law PLLC immediately after accidents ensuring adequate time for thorough case development.
Minimum Insurance Requirements
Texas requires minimum liability coverage of:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury
- $25,000 per accident for property damage
These minimums are woefully inadequate for serious injury accidents. When at-fault drivers carry only minimum coverage, your own uninsured/underinsured motorist coverage becomes critical for adequate compensation.
At-Fault Insurance System
Texas operates under “fault-based” insurance, meaning negligent drivers (and their insurance companies) bear financial responsibility for damages they cause.
This contrasts with “no-fault” states where drivers make injury claims through their own insurance regardless of who caused accidents. In Texas, you pursue compensation from at-fault drivers’ insurance companies (or your own UM/UIM coverage when they lack adequate insurance).
Step 9: Calculate Your Damages Comprehensively
Maximum compensation requires documenting every element of damages—both economic and non-economic.
Economic Damages
Objective, quantifiable financial losses include:
Medical expenses:
- Emergency room treatment
- Ambulance transportation
- Hospital stays and surgeries
- Physician office visits
- Specialist consultations
- Physical therapy and rehabilitation
- Diagnostic testing (X-rays, MRIs, CT scans)
- Prescription medications
- Medical equipment (crutches, braces, wheelchairs)
- Home health care
- Future medical treatment costs
Lost income:
- Wages missed during recovery
- Sick leave and vacation time used
- Self-employment income loss
- Bonuses and commissions lost
- Future earning capacity reduction
- Lost employment benefits
Property damage:
- Vehicle repair costs or total loss value
- Diminished vehicle value after repairs
- Rental car expenses
- Personal property damage
- Towing and storage fees
Other economic losses:
- Household services you can’t perform (lawn care, cleaning, childcare)
- Transportation to medical appointments
- Home modifications for disabilities
- Vocational rehabilitation costs
Non-Economic Damages
Subjective, non-financial losses include:
Pain and suffering: Physical pain, discomfort, and ongoing symptoms
Mental anguish: Emotional distress, anxiety, depression, PTSD
Physical impairment: Permanent limitations, disability, reduced mobility
Disfigurement: Scarring, amputation, visible injuries
Loss of enjoyment of life: Inability to participate in hobbies, sports, activities you previously enjoyed
Loss of consortium: Impact on relationships with spouses and family members
Texas law doesn’t cap non-economic damages in most automobile accident cases (caps apply only to medical malpractice claims), allowing juries to award compensation reflecting true injury impacts.
How Insurance Companies Calculate Settlements
Insurance companies use various formulas calculating settlement offers:
Multiplier method: Total medical expenses multiplied by 1.5-5 depending on injury severity. Minor injuries might receive 1.5-2x medical expenses, while catastrophic injuries receive 4-5x multipliers.
Per diem method: Daily rate (often your daily wage) multiplied by days experiencing pain and limitations.
Comparable verdict analysis: Settlement offers based on jury verdicts for similar injuries in similar cases.
These formulas provide starting points for negotiations. Experienced attorneys like McKay Law PLLC use comprehensive documentation and aggressive advocacy pushing settlement values beyond insurance company formulas.
Step 10: Navigate Settlement Negotiations Strategically
Most automobile accident claims settle through negotiation rather than trial. Understanding negotiation dynamics helps you evaluate offers and make informed decisions.
When to Send Demand Letters
Demand letters—formal settlement requests with supporting documentation—should be sent only after:
Medical treatment concludes: Premature demands before treatment completion undervalue claims because full damages aren’t yet known.
Maximum medical improvement reached: For injuries requiring ongoing treatment, wait until physicians determine you’ve reached maximum improvement and can project future treatment needs.
All medical records collected: Comprehensive medical documentation supports demand calculations.
Damages fully calculated: Complete economic and non-economic damage assessments ensure demands reflect true case value.
Rushing demand letters to obtain quick settlements typically results in undercompensation that can’t be corrected later (settlements include releases barring future claims for the same accident).
What Demand Packages Include
Comprehensive demand packages contain:
- Detailed demand letter explaining accident circumstances, liability, injuries, treatment, and damages
- Complete medical records from all providers
- Medical bills and payment records
- Lost wage documentation
- Property damage documentation
- Accident reports and witness statements
- Photos of injuries, vehicles, and accident scenes
- Expert reports (accident reconstruction, medical opinions, life care plans)
- Legal memorandum citing applicable law
Thorough demand packages distinguish serious claims from casual requests, producing higher initial settlement offers.
Evaluating Settlement Offers
When insurance companies present settlement offers, evaluate them carefully considering:
Economic damages coverage: Does the offer fully compensate medical expenses, lost wages, and property damage?
Non-economic damages adequacy: Does the offer fairly compensate pain, suffering, and life impacts?
Future costs: Does the offer account for future medical treatment, ongoing limitations, and reduced earning capacity?
Comparative offers: How does this offer compare to verdicts for similar injuries?
Net recovery: After attorney fees and medical liens, how much will you actually receive?
Certainty vs. risk: Is accepting a certain settlement better than risking trial with potentially higher (or lower) jury verdicts?
Financial needs: Do immediate financial pressures justify accepting less than maximum value?
McKay Law PLLC provides honest settlement evaluation helping you make informed decisions balancing these considerations.
When to Reject Offers and Continue Negotiating
Reject initial offers when:
- Offers don’t fully compensate documented economic damages
- Non-economic damage calculations seem unreasonably low
- Insurance companies haven’t adequately investigated claims
- Medical treatment is incomplete and future costs uncertain
- Permanent impairment hasn’t been fully evaluated
- Comparative verdict research suggests much higher reasonable value
Multiple negotiation rounds typically occur before reaching fair settlements. Patient, strategic negotiation produces superior results compared to accepting first offers.
When Settlement Negotiations Fail
When insurance companies refuse fair settlements, filing lawsuits becomes necessary. McKay Law PLLC’s trial attorneys have extensive courtroom experience and proven track records of successful verdicts when settlement negotiations fail.
Lawsuit filing doesn’t eliminate settlement prospects—many cases settle during litigation, often at higher values than pre-lawsuit offers because insurance companies recognize trial risks.
Step 11: Avoid Common Mistakes That Damage Claims
Accident victims frequently make errors that reduce compensation or destroy claims entirely:
Posting on Social Media
Insurance companies monitor social media accounts searching for content undermining injury claims. Photos of physical activities, vacation trips, or smiling social events are used to argue injuries weren’t serious or have healed.
A client claiming permanent disability photographed hiking—even a short easy trail—gives insurance companies ammunition arguing exaggerated injuries.
Best practice: Avoid all social media posting about accidents, injuries, activities, or lifestyle during active claims. Make accounts private, decline friend requests from strangers, and assume insurance companies will see everything you post.
Giving Recorded Statements
As discussed earlier, recorded statements to at-fault drivers’ insurance companies damage claims. Never provide statements without attorney representation.
Signing Medical Authorizations
Broad medical authorizations allow insurance companies to access complete medical histories searching for pre-existing conditions, unrelated treatments, and information they’ll use minimizing claims.
Sign only limited authorizations reviewed by your attorney specifically addressing accident-related treatment.
Accepting Quick Settlement Offers
Insurance companies present quick settlement offers before you understand full injury severity, know future treatment needs, or have collected comprehensive evidence. These lowball offers exploit financial desperation and information gaps.
Never accept settlement offers without attorney consultation ensuring offer adequacy.
Waiting Too Long to Seek Medical Care
Delayed medical treatment gives insurance companies arguments that injuries weren’t serious or weren’t caused by accidents. Seek medical evaluation immediately—ideally within 24 hours—even for seemingly minor injuries.
Failing to Follow Treatment Recommendations
Missing appointments, stopping treatment early, or ignoring physician recommendations provides insurance companies arguments that injuries resolved quickly or weren’t serious.
Complete all recommended treatment demonstrating injury severity and treatment necessity.
Discussing the Accident with Anyone
Do not discuss accident details with anyone except your attorney, treating physicians, and when legally required, police officers. Friends, family members, and coworkers might be contacted by insurance investigators and questioned about your statements.
Casual comments like “I’m feeling better” or “It could have been worse” become evidence in insurance companies’ hands.
Step 12: Consider Legal Representation from McKay Law PLLC
While Texas law allows handling accident claims independently, professional legal representation dramatically improves outcomes:
Why Attorney Representation Matters
Legal knowledge: Attorneys understand applicable laws, insurance policy interpretation, damages calculation methods, and procedural requirements that lay people don’t know.
Investigation resources: Law firms conduct comprehensive investigations including accident reconstruction, expert witness retention, and evidence collection beyond individual capability.
Insurance company experience: Attorneys recognize adjuster tactics and counter them effectively, preventing exploitation of unrepresented victims.
Negotiation leverage: Insurance companies know represented claimants can file lawsuits, creating incentive to settle at higher values. Unrepresented victims rarely sue, encouraging lowball offers.
Damage maximization: Attorneys identify all compensable damages including elements victims overlook, maximizing total recovery.
Medical treatment coordination: Attorneys coordinate with medical providers ensuring comprehensive documentation while negotiating medical liens reducing final lien amounts.
No upfront costs: Contingency fee structures eliminate financial barriers—attorneys receive fees only when recovering compensation.
What McKay Law PLLC Provides
McKay Law PLLC’s comprehensive representation includes:
- Immediate accident scene investigation when possible
- Complete medical records collection from all providers
- Independent accident reconstruction when beneficial
- Expert witness retention (medical experts, economists, vocational specialists)
- Comprehensive demand package preparation
- Aggressive settlement negotiation maximizing recovery
- Litigation and trial representation when necessary
- Medical lien negotiation reducing amounts owed
- Regular case updates and transparent communication
- Bilingual services for Spanish-speaking clients
- No upfront costs—contingency fee representation
When to Contact an Attorney
Contact McKay Law PLLC immediately after accidents—ideally within 24-72 hours. Early attorney involvement:
- Preserves evidence before it’s lost or destroyed
- Prevents insurance company exploitation during vulnerable periods
- Ensures you don’t make statements or sign documents damaging claims
- Coordinates medical treatment ensuring comprehensive documentation
- Protects your rights throughout the process
Free consultations involve no obligation—even if you ultimately decide to handle claims independently, attorney consultation provides valuable information about claim value, process, and potential pitfalls.
Step 13: Understand Special Claim Situations
Certain accident scenarios involve unique considerations:
Uninsured Motorist Accidents
When at-fault drivers lack insurance—common in Texas despite legal requirements—your own uninsured motorist (UM) coverage provides compensation. UM claims involve unique challenges:
- You’re making claims against your own insurance company (who you’ve paid premiums to)
- Your insurance carrier is motivated to deny or minimize payments just like at-fault drivers’ insurers
- Policy language interpretation and coverage limits become critical
- Some policies require arbitration rather than litigation for UM disputes
McKay Law PLLC’s insurance law expertise ensures you receive full UM benefits despite your own carrier’s resistance.
Hit-and-Run Accidents
When drivers flee accident scenes and can’t be identified, uninsured motorist coverage typically applies. McKay Law conducts independent investigations attempting to identify fleeing drivers while simultaneously pursuing UM claims ensuring you receive compensation regardless.
Commercial Vehicle Accidents
Accidents involving commercial trucks, delivery vehicles, company cars, or other business vehicles implicate multiple parties:
- Drivers
- Vehicle owners
- Employers (through vicarious liability)
- Leasing companies
- Cargo shippers
- Maintenance providers
Commercial accidents access higher insurance policy limits than personal auto accidents and involve federal regulations (Federal Motor Carrier Safety Administration rules for commercial trucks) creating additional liability theories.
Government Entity Accidents
Accidents caused by government employees or roadway defects involve special notice requirements and damage caps under Texas Tort Claims Act. Claims against cities, counties, or state entities require formal notice within six months—much shorter than the normal two-year statute of limitations.
Rideshare Accidents (Uber/Lyft)
Accidents involving Uber or Lyft vehicles create complex insurance coverage questions depending on driver status:
- Driver app off: Driver’s personal insurance applies
- Driver app on, no passenger: Rideshare company’s limited coverage applies
- Driver transporting passenger: Rideshare company’s $1 million policy applies
Determining which coverage applies and navigating rideshare company claims processes requires specialized knowledge.
Pedestrian Accidents
Vehicle-versus-pedestrian accidents typically involve clear liability but often result in catastrophic injuries. Compensation challenges arise when at-fault drivers carry insufficient coverage for severe injuries requiring lifetime medical care.
Motorcycle Accidents
Insurance companies maintain anti-motorcyclist bias, frequently blaming riders for accidents or claiming riders assumed risks. Overcoming this prejudice requires aggressive advocacy and comprehensive evidence development.
Step 14: Know Your Rights Under Texas Law
Understanding your legal rights protects you from insurance company overreach:
Right to Choose Your Own Medical Providers
Insurance companies sometimes suggest you see “their” doctors for examinations. You have absolute right to choose your own treating physicians. While insurance companies can require independent medical examinations (IMEs) with their chosen doctors, these are one-time evaluations—not ongoing treatment.
Never allow insurance companies to direct your medical care. Doctors with financial relationships to insurance companies produce biased opinions minimizing injuries.
Right to Attorney Representation
You have complete right to retain attorneys without insurance company permission, involvement, or approval. Don’t let adjusters discourage attorney consultation claiming it will “slow down your claim” or “reduce your settlement” (the opposite is true).
Right to Fair Compensation
Texas law entitles you to full compensation for all damages—medical expenses, lost wages, pain and suffering, and more. Insurance companies have no right to arbitrarily limit compensation below documented damages.
Right to Refuse Settlements
You’re never obligated to accept settlement offers. Insurance companies sometimes present offers with artificial deadlines creating pressure for quick acceptance. These deadlines are meaningless—reject inadequate offers without consequence.
Right to File Lawsuits
When settlement negotiations fail, you have every right to file lawsuits pursuing fair compensation through litigation and trial. Insurance companies prefer settling over expensive litigation, but exercising your right to trial remains your decision.
Step 15: Take Action Now—Contact McKay Law PLLC
Filing successful automobile accident claims requires knowledge, experience, resources, and strategic execution that most accident victims lack. Insurance companies exploit this disadvantage, offering settlements far below fair value to unrepresented victims who don’t know better.
Don’t let insurance companies take advantage of your situation. Don’t leave money on the table that should compensate you for injuries, lost income, and life disruptions you didn’t cause.
McKay Law PLLC—recognized as East Texas’s premier personal injury law firm—provides the experienced representation you need to maximize compensation recovery while you focus on healing.
Why Choose McKay Law PLLC
✓ No upfront costs – Contingency fee representation means you pay nothing unless we recover compensation
✓ Free consultation – No obligation case evaluation
✓ Experienced trial attorneys – Proven courtroom success when settlement negotiations fail
✓ Maximum settlements – Track record of superior compensation recovery
✓ Personal attention – Dedicated case managers providing regular updates
✓ Local knowledge – Deep East Texas roots and relationships
✓ 24/7 availability – Emergency contact for urgent situations
✓ Bilingual services – Full representation in English and Spanish
What to Bring to Your Consultation
- Accident reports
- Medical records and bills you’ve received
- Photos from accident scenes and injuries
- Insurance information (yours and other drivers’)
- Witness information
- Correspondence from insurance companies
- Lost wage documentation
- Any other accident-related documents
If you don’t have these materials, don’t worry—McKay Law PLLC will obtain them as part of comprehensive case development.
Don’t wait—Texas statute of limitations limits your time to file claims. Contact McKay Law PLLC now to protect your rights and maximize your automobile accident compensation recovery.
Frequently Asked Questions About Filing East Texas Automobile Accident Claims
Q: How long do I have to file an automobile accident claim in Texas?
A: Texas allows two years from accident dates to file personal injury lawsuits. However, earlier action produces better results by preserving evidence and preventing insurance company tactics. Contact McKay Law PLLC within 24-72 hours of accidents for optimal outcomes.
Q: What if I’m partially at fault for the accident?
A: Texas comparative negligence law allows recovery even when partially at fault, as long as your fault doesn’t exceed 50%. Your compensation is reduced by your fault percentage. McKay Law fights to minimize comparative negligence findings, maximizing your recovery.
Q: Do I really need an attorney for a “minor” accident?
A: Even “minor” accidents can involve significant injuries and complications. Insurance companies routinely undervalue minor accident claims, offering settlements far below fair value. Free consultation with McKay Law provides professional evaluation at no cost or obligation.
Q: How much does hiring McKay Law PLLC cost?
A: Nothing upfront. McKay Law handles all automobile accident cases on contingency—you pay attorney fees only when we recover compensation. We also advance all case expenses including investigation costs, medical record fees, and expert witness retainers. You owe nothing out-of-pocket.
Q: What if the other driver has no insurance?
A: Your own uninsured motorist (UM) coverage protects you when at-fault drivers lack insurance. McKay Law aggressively pursues UM claims ensuring you receive full benefits despite your own insurance company’s resistance.
Q: Should I accept the insurance company’s first settlement offer?
A: Almost never. Initial offers typically undervalue claims significantly—often 30-50% below fair value. Insurance companies hope you’ll accept quick settlements before understanding full injury severity or consulting attorneys. Never accept offers without professional evaluation.
Q: How long will my automobile accident claim take?
A: Simple cases with minor injuries and clear liability may resolve in 3-6 months. Complex cases with serious injuries or disputed liability may take 12-36 months. McKay Law balances settlement speed with compensation maximization—never rushing you into inadequate settlements for attorney convenience.
Q: What if my injuries don’t appear until days after the accident?
A: Delayed injury symptoms are common—adrenaline masks pain, and conditions like whiplash and soft tissue damage often don’t manifest immediately. Seek medical evaluation promptly when symptoms appear and notify your attorney immediately. Medical records documenting symptom progression support injury causation.
Q: Can I still file a claim if the accident was my fault?
A: If you’re more than 50% at fault, Texas law bars recovery. However, fault determinations are often disputed. Even if you believe you caused the accident, consult McKay Law for professional liability evaluation—you may have viable claims you don’t recognize.
Q: What damages can I recover in automobile accident claims?
A: Recoverable damages include medical expenses (past and future), lost wages and earning capacity, property damage, pain and suffering, mental anguish, physical impairment, disfigurement, and loss of enjoyment of life. McKay Law ensures you receive compensation for every element of damages.
