After an Accident
After a Car Accident in McAllen: Your Rights and First Steps
What to do in the hours and days after a McAllen crash to protect your health and your injury claim — and the rights Texas law gives you.
Quick answer
After a car accident in McAllen, get medical care, call the police so there's an official report, photograph the scene, and exchange insurance information — but avoid admitting fault or giving a recorded statement to the other insurer. Texas is an at-fault state, so you generally have the right to recover from the driver who caused the crash. You have two years to file a claim, but evidence fades fast, so contact a lawyer early.
First: protect your health
Even if you feel fine, get checked out. Adrenaline hides injuries, and conditions like whiplash or a concussion can surface days later. A prompt medical record also connects your injuries to the crash — something the insurance company will look for. McAllen has several ERs and urgent-care clinics; don't wait it out.
At the scene: build your case without saying too much
- Call 911 — a police report creates an official, neutral record.
- Photograph vehicle damage, the road, signs, and any visible injuries.
- Get names and numbers of witnesses before they leave.
- Exchange insurance and license info, but don't apologize or admit fault.
Your rights under Texas law
Texas follows an at-fault system, meaning the driver who caused the crash (and their insurer) is responsible for the damages. Texas also uses modified comparative fault: you can recover as long as you are not more than 50% responsible, though your recovery is reduced by your share of fault. You generally have two years from the date of the accident to file a lawsuit.
Be careful with the other insurer
The other driver's insurance company may call within days, sound friendly, and ask for a recorded statement or a quick settlement. You are not required to give a recorded statement, and an early offer is often far below what your claim is worth. A McAllen injury attorney can deal with the insurer for you so an honest mistake doesn't cost you.
Frequently asked questions
Do I have to call the police after a McAllen crash?
Texas law requires reporting crashes that involve injury, death, or significant property damage. Even for minor wrecks, calling the police creates an official report that helps your claim. When in doubt, call.
How long do I have to file a car accident claim in Texas?
Generally two years from the date of the accident. Some claims — especially those involving a government vehicle or entity — have much shorter notice deadlines, so it's best to talk to a lawyer right away.
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