Highway collisions have a higher chance of causing catastrophic injuries. While some wrecks are unavoidable, many result from a driver’s negligent actions.
If you or a loved one were injured in highway car accidents in McAllen, you should reach out to an experienced auto crash attorney to discuss your legal options.
Why Highway Collisions are More Dangerous
There are several reasons that highway collisions in McAllen are more likely to lead to a significant accident. For example, a highway crash is more likely to involve vehicles traveling at higher speeds.
According to Texas Transportation Code Section § 545.352, the maximum speed on state highways is 70 miles per hour. However, the law allows the Texas Transportation Commission to establish a maximum speed limit of 75, 80, or 85 miles per hour on certain highways. In comparison, the law sets the maximum speed limit for most city roadways at 30 miles per hour.
Multiple car pile-ups often happen because drivers have more difficulty making evasive maneuvers to avoid a crash in heavy traffic while traveling at high speeds. Factors outside of a driver’s control can also increase the risk of a catastrophic highway collision, such as:
- Bad weather conditions, including rain, ice, snow and fog
- Poor road conditions, including potholes and uneven roads
- Changes in traffic patterns due to highway road construction
- Poor visibility, including night driving
- Vehicle defects
Call a dedicated personal injury attorney to learn more about potential compensation for a highway crash.
Proving a Highway Accident Was Caused by Negligence
Aside from factors outside a driver’s control, many highway collisions in McAllen result from negligent actions behind the wheel. Some examples of negligent driver behavior that can lead to highway accidents include the following:
- Driving over the speed limit
- Reckless driving
- Driving while fatigued
- Failing to yield at traffic signs and signals
- Sudden lane changes
- Distracted driving
Most of these activities are explicitly prohibited by state law. According to Tex. Transp. Code Section § 545.413, drivers within the state are prohibited from driving above a reasonable and prudent speed. Additionally, Tex. Transp. Code § 545.401 states that drivers are guilty of reckless driving if they willfully or wantonly disregard the safety of others.
Evidence that an at-fault driver engaged in these behaviors can help prove negligence in a personal injury lawsuit. Highway drivers have a general duty of care to obey state traffic laws. To prove negligence, a plaintiff must show that the responsible driver breached their duty of care.
In addition, the plaintiff must show that this breach of duty was the proximate cause of their injuries. The breach of care must also lead to economic or non-economic damages, such as medical expenses and emotional trauma.
When Highway Accidents Lead to Death
If an individual’s injuries from a highway car accident in McAllen lead to death, their surviving relatives can still pursue a wrongful death action to recover damages from the responsible party.
According to the state’s wrongful death statute, Texas Civil Practice & Remedies Code § 71.002, the cause of action does not go away upon a party’s death. The statute allows the surviving spouse, descendants, parents, or siblings to pursue recovery on behalf of the decedent.
If no family member has brought a wrongful death within three months, the administrator of the decedent’s estate can file the action. It is important to note that the wrongful death statute also covers accidents leading to the death of an unborn child, regardless of the stage of pregnancy, under Tex. Civ. Prac. & Rem. Code § 71.001.
Consult With a McAllen Attorney About Highway Car Accidents
You should speak with a lawyer when involved in a highway car accident in McAllen. The legal process is designed to protect your rights and ensure you receive the compensation you deserve.
For more information about how our legal team could help with your case, schedule an initial consultation today.