If you’ve been in a car accident, a lot depends on proving fault. This makes it important to have a McAllen, TX accident lawyer fighting on your side right from the beginning to help you show exactly what happened and who is responsible.
By Finding Evidence
Evidence is always needed to prove fault, and you must prove several elements in a case like this. First, the evidence must show who was negligent; that is, who had a duty of care and failed in it. In a car accident, this is usually a person who broke a traffic law and thus caused the accident, such as by running a red light. But just showing negligence isn’t enough. You must also show that the negligence caused the accident, which wouldn’t have happened, or at least would not have been nearly so bad, but for the person’s negligence.
Car accidents are complicated, and the reality is that there’s often more than one party responsible. If you’ve been injured in an accident, you have the right to get compensation for your losses from whoever is liable for that accident, but it’s always wise to talk with a McAllen, TX car accident attorney to find out how comparative fault may affect your claim.
What’s “Comparative Fault?”
Comparative fault is a way of acknowledging in law that more than one person can be to blame for an accident. It allows people to bring a claim even if they are partially at fault, but typically the amount of a person’s claim will be reduced by the same percentage as their fault. If you are found 15% at fault in the accident, therefore, you would only be able to claim 85% of your total damages and losses.
Here in Texas, we have a fault system for auto accidents. That means if someone’s negligence caused the accident, they are then responsible to pay the losses and damages of everyone else. In reality, it’s not the individual who pays but their insurance company, and that means things get tricky if the responsible party doesn’t have insurance. Talk to a McAllen, TX auto accident lawyer as soon as possible after a wreck to protect yourself and find out what all your options are.
What If the Other Driver Doesn’t Have Insurance in McAllen, TX?
Turning to Your Insurance
The first thing you should do is check whether you have Personal Injury Protection (PIP) coverage. This doesn’t cover all your losses and damages, but it will cover your medical bills and lost wages. You might not have PIP coverage, but you should know if you don’t because you will have had to decline it in writing.
Texas requires insurance companies to offer this coverage no matter what and requires them to get your written refusal if you don’t want it. If your insurance company did not do this, then they become responsible to provide PIP protection as if you were paying for it. If you don’t have PIP, or if it’s not enough, you may also have Uninsured Motorist (UM) coverage. This applies whenever you are in an accident caused by another person who has no insurance or if you are the victim of a hit-and-run.
Investigating Third-Party Options
Even if the person primarily responsible for the accident doesn’t have insurance, there may be a third party you can turn to. There might have been another driver involved, for example, who may not be primarily at fault but still may hold some fault. You may be able to make a claim with their insurance company. If there’s any chance that a car manufacturer was negligent in any way, or if the city could be responsible because of negligence in caring for roads or something similar, your lawyer will help you investigate all these options.
Proving Fault
Fault is always important in a car accident, and especially if someone doesn’t have insurance. Even if you’re filing a claim with your own insurance company, you will have to prove that the other driver’s actions are responsible if you want to claim UM coverage, for instance. Always call 911 and get the police on the scene, and gather whatever evidence you can to show what happened.
Texas law allows you to make a claim so long as you are not more than 50% responsible for the accident. If you’re 51% or more responsible, then you can claim nothing, even if someone else bears a lot of responsibility. If you are less than less than 51% responsible, your compensation will still be reduced by the same percentage as your fault. Your lawyer’s job, among other things, is to protect you for any unfair blame that would reduce your compensation inappropriately.
To get the help and protection you need after an accident, contact the Almaraz Law Firm in McAllen, TX. We also serve clients in San Antonio and Midland.
If you’ve been in an accident, it’s important that you act quickly to safeguard your rights and ensure there’s no chance you’re going to lose out on compensation that is owed to you. There’s really no time that is too soon to be searching “personal injury lawyers near me” if you’ve been injured here in McAllen, TX. Here’s what you need to know.
When to Search “Personal Injury Lawyers Near Me” in McAllen, TX
The simple answer is: as soon as possible. The faster you get a lawyer on the job, the more quickly your lawyer can start investigating the accident, gathering evidence, protecting you from unfair blame, and acting as a go-between so you don’t have to talk to the insurance company directly. That said, there are two things to bear in mind:
Injured in an Oilfield Accident in Midland, TX?
Here’s How Almaraz Law Firm Can Help
Working in the oilfields of Midland, TX, is a high-risk job, especially in the heart of the Permian Basin, where long hours, heavy machinery, and dangerous conditions are part of the daily routine. When an accident happens, the consequences can be life-changing. From severe injuries to lost wages, injured workers and their families often face overwhelming medical bills and uncertainty about the future.
If you or a loved one has been hurt, Almaraz Law Firm is here to help. Our oilfield accident lawyer, Rosendo Almaraz, Jr. in Midland, fights aggresively for injured oilfield workers to recover the compensation they deserve.
The Astroworld Festival crowd surge in Houston, Texas, on November 5, 2021, claimed the lives of ten concertgoers and left thousands injured. Among the victims was Rudy Peña, a 23-year-old college student from Laredo. His untimely death became a tragic symbol of what happens when event organizers fail to prioritize safety.
Almaraz Law Firm Files Wrongful Death Lawsuit on Behalf of the Peña Family
Almaraz Law Firm, led by attorney Rosendo Almaraz Jr., took swift legal action to hold those responsible accountable. The firm filed a wrongful death lawsuit against the concert’s organizers, including Live Nation and performer Travis Scott, alleging gross negligence in crowd control, emergency preparedness, and security planning.
As a law firm with deep ties to South Texas, Almaraz Law Firm was committed to advocating for the Peña family’s right to justice. The case was later consolidated into a larger multi-district litigation (MDL) in Harris County, which streamlined more than 2,000 similar lawsuits.
All Wrongful Death Cases, Including Peña’s, Reached Settlement
By May 2024, the ten wrongful death cases related to the Astroworld tragedy—including the Peña family’s claim—were resolved through confidential settlements. While financial terms were not disclosed, these agreements provided a measure of closure and accountability for the families involved.
The successful resolution of the Peña lawsuit underscores the importance of working with an experienced Houston concert injury attorney who understands the legal complexities of mass tort and civil litigation.
Legal Battle Continues for Hundreds of Injury Victims
While the wrongful death claims have concluded, hundreds of personal injury cases remain active as of 2025. Many victims suffered lasting trauma—both physical and emotional—due to the chaotic conditions at the festival. Bellwether trials are scheduled for early 2025, and the Texas Supreme Court has authorized the deposition of Live Nation’s CEO, signaling a new phase in accountability.
Why Victims of Event Negligence Choose Almaraz Law Firm
Almaraz Law Firm continues to be a trusted name in wrongful death and personal injury litigation in Texas. Our representation of the Peña family during one of the most high-profile civil cases in recent memory reflects our firm’s commitment to justice and advocacy.
Victims of large-scale event negligence turn to us because:
- We have experience in multi-plaintiff litigation and complex wrongful death claims.
- We understand how to pursue claims against major corporations and promoters.
- We provide compassionate yet aggressive representation throughout the legal process.
Call an Experienced Texas Event Negligence Lawyer Today
If you or a loved one was injured or killed due to unsafe conditions at a public event, it’s crucial to speak with a qualified event negligence lawyer in Texas. The Astroworld tragedy has shown how devastating poor planning and lack of oversight can be—and how vital it is to hold the right parties accountable.
Contact Almaraz Law Firm today for a free, confidential consultation. Let us help you pursue justice, just as we did for the Peña family.
Texas law provides victims of personal injury with lots of avenues for legal action. At Almaraz Law Firm, we help people in Texas understand their options as they work towards a swift and affordable recovery. Whether or not you have a valid case depends on the circumstances of your injury, including your ability to prove fault and provide important documents pertaining to your case. A personal injury lawyer in McAllen, TX, can interpret all the evidence available to ensure you can securely and effectively pursue compensation.
Establishing Legal Responsibility
A valid personal injury claim must be based on the legal concept of negligence. This requires showing that another person or entity failed to exercise reasonable care and that this failure directly caused your injury. Negligence must be supported by evidence. This typically includes witness statements, photographs, video footage, medical records, and police or incident reports. A personal injury lawyer can review these materials to determine whether your claim meets the legal threshold for liability.
If your loved one has been prematurely taken from you because of the negligence of someone else, you may be able to bring a wrongful death claim. Talk to a wrongful death lawyer in McAllen, TX as soon as possible to find out whether it’s likely your situation qualifies as a wrongful death.
In some cases, you may be very clear about who is responsible for your loved one’s death and that it was due to negligence. For example, if you have a family member who died in a car accident caused by a drunk driver, that’s clearly a situation where someone’s negligence caused your loved one’s death, and you should contact a lawyer to get started on a claim.Other situations may not be quite so clear. If your family member was under the treatment of a doctor and died, for example, it will take very specific and clear evidence to prove that there was malpractice and that the death was not to be expected or simply a tragic accident. In a case like this, it’s still a good idea to schedule a free initial consultation with an experienced wrongful death attorney who can evaluate your case and help you dig down to the details to find out what really happened.
What Constitutes Wrongful Death Under Texas Law?
Do you suspect you may have a wrongful death claim? A lawyer in McAllen, TX, explains some of what you might need to know.
Wrongful Death: The Legal Definition
Texas law defines wrongful death as when a person dies due to the negligence, recklessness, or intentional act of someone else. The key element is that the death could have been prevented if the responsible person had acted differently.
The most common foundation of wrongful death suits is negligence: failing to act in a way that a reasonable person would under similar circumstances. Claims related to traffic accidents, medical malpractice, dangerous working conditions, product defects all are based on negligence.
For anyone contemplating filing a wrongful death lawsuit, here is a brief explanation by a team of wrongful death attorneys in McAllen, TX of the legal process involved.
Who Can File a Wrongful Death Lawsuit in Texas?
According to Texas law, immediate family members may file a wrongful death lawsuit. If several members of the immediate family wish to file, they may file a joint lawsuit. Immediate family members would be the surviving spouse, the children, or the parents of the deceased.
In some cases, the executor of an estate may file on behalf of the family, if they do not file within the deadline. Extended family members are not permitted to file a wrongful death lawsuit in Texas.
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Almaraz Law Firm
212 W. Nolana Ave. McAllen, TX 78504,
8422 Fountain Circle, San Antonio, TX 78229
701B W. Indiana Ste. 20, Midland, Texas 79701
Hours: Monday-Friday 9:00am - 4:30pm
*Midland, Texas available by appt only*
