Personal Injury Guide for McKinney, Texas Victims

Introduction: Why McKinney Residents Need a Local Personal Injury Guide

McKinney, Texas—situated along U.S. 75 and State Highway 121 in fast-growing Collin County—sees a steady flow of commuter, commercial, and recreational traffic. With new residential developments alongside historic downtown streets, accidents ranging from rear-end collisions on Central Expressway to slip-and-falls at local retailers such as the Adriatica Village shopping district are inevitable. Baylor Scott & White Medical Center – McKinney and Medical City McKinney treat hundreds of trauma patients each year, while nearby construction sites, oil-field service yards, and ranch properties introduce additional risks unique to North Texas living.

If you or a loved one was hurt by another’s negligence in McKinney, understanding Texas law and local procedures can make the difference between full and partial recovery. This guide—written for injury victims—explains your rights, deadlines, and the concrete steps to protect your claim under Texas Civil Practice and Remedies Code (TCPRC) and the Texas Rules of Civil Procedure. All information is current, sourced from authoritative Texas legal authorities, and tailored to the realities of Collin County courts and McKinney neighborhoods.

Understanding Your Personal Injury Rights in Texas

Negligence and Duty of Care

Most personal injury cases arise from negligence: a breach of the legal duty to act as a reasonable person would under similar circumstances. Texas recognizes four elements that claimants must prove:

• Duty – The defendant owed you a duty of care.

• Breach – The defendant violated that duty.

• Causation – The breach was a proximate cause of your injuries.

• Damages – You sustained compensable losses (medical bills, lost earnings, pain, etc.).

Texas follows a modified comparative fault system called proportionate responsibility. Under TCPRC §§33.001-33.017, you may recover damages as long as your share of responsibility does not exceed 50%. Your award is reduced by your percentage of fault. For example, if a McKinney jury finds you 20% at fault for a collision at the intersection of Eldorado Parkway and Hardin Boulevard, your gross verdict of $100,000 would be reduced to $80,000.

Compensatory Damages Available

• Economic: emergency room bills at Baylor Scott & White, future surgeries, prescription costs, rehabilitation at Craig Ranch fitness facilities, lost wages, and diminished earning capacity.

• Non-economic: physical pain, mental anguish, physical impairment, and loss of consortium.

• Exemplary (Punitive) damages: available in limited cases under TCPRC §41.003 when the defendant’s conduct was malicious, fraudulent, or grossly negligent—e.g., drunk-driving crashes on U.S. 75.

Texas caps damages only in medical malpractice and certain governmental liability cases, not in ordinary negligence suits.

Common Types of Personal Injury Cases in McKinney and Across Texas

1. Motor Vehicle Collisions

The Texas Department of Transportation (TxDOT) recorded over 15,000 crashes in Collin County in 2022, many on State Highway 121 and Sam Rayburn Tollway. Rear-end, side-impact, and multi-vehicle pile-ups routinely generate claims for hospital bills, vehicle repair, and lost income.

2. Commercial Truck Accidents

McKinney’s proximity to the Dallas-Fort Worth logistics corridor means increased 18-wheeler traffic. Interstate negligence claims often invoke federal regulations, but Texas state law governs damages and filing deadlines.

3. Premises Liability (Slip, Trip & Fall)

Under TCPRC §75.002, property owners owe different duties depending on whether you are classified as an invitee (e.g., shopper at Allen Premium Outlets), licensee, or trespasser. Proof of actual or constructive knowledge of a dangerous condition is essential.

4. Workplace and Construction Injuries

Texas is one of the few states where private employers can opt out of workers’ compensation. Non-subscriber employers lose certain defenses, allowing injured workers to bring negligence suits in Collin County district courts. OSHA citations at developing subdivisions along U.S. 380 or FM 2478 often bolster these claims.

5. Dog Bites and Animal Attacks

Collin County’s blend of urban and rural properties increases encounters with domestic animals. While Texas does not have a specific dog-bite statute, common-law negligence and the “one-bite rule” apply.

6. Wrongful Death

When negligence results in a fatality, TCPRC §71.004 gives spouses, children, and parents the right to sue for damages including mental anguish, loss of companionship, and pecuniary loss. Wrongful death actions may be joined with survival claims on behalf of the estate.

Texas Legal Protections & Injury Laws You Must Know

Statute of Limitations

Under TCPRC §16.003(a), you generally have two years from the date of injury to file suit for personal injury or wrongful death. Courts strictly enforce this deadline, so a crash occurring on August 1, 2023 near McKinney National Airport must be filed by August 1, 2025, absent tolling exceptions for minors or latent injuries.

Notice Requirements for Government Claims

If a City of McKinney vehicle or Collin County employee caused your injury, the Texas Tort Claims Act (TCPRC Chapter 101) requires notice to the governmental unit within six months of the incident (§101.101). McKinney’s municipal charter shortens that to 90 days. Missing either deadline can bar your claim.

Comparative Fault: How It Works in Practice

During trial, the factfinder assigns each party—including the plaintiff—a percentage of responsibility. Suppose a distracted driver sideswiped you on Virginia Parkway, but you were speeding 10 mph over the limit. A jury may assess 15% fault to you. You still recover 85% of your proven damages.

Limits on Attorney Fees

Texas permits contingency-fee agreements, but Texas Disciplinary Rules of Professional Conduct Rule 1.04 requires fees to be reasonable and in writing. Most personal injury lawyers in McKinney charge 33⅓% to 40% contingent on case stage. No fee is owed if there is no recovery.

Insurance Bad-Faith Protections

Under Texas Insurance Code Chapter 541, insurers must handle claims fairly. Unreasonable delays, misrepresentations, or denial without proper investigation allow policyholders to seek treble damages and attorney fees.

Steps to Take After a Personal Injury in McKinney

1. Seek Immediate Medical Care

Call 911 or visit Baylor Scott & White Medical Center – McKinney’s ER. Prompt treatment protects both your health and your claim’s credibility. Follow up with primary-care or specialists at Baylor Health Center at Craig Ranch or Texas Health Allen.

2. Document the Scene

• Photograph vehicle positions, skid marks, and roadway conditions on SRT 121 or FM 1461.

• Report premises injuries to store management and obtain incident reports.

• Gather witness names, phone numbers, and emails.

3. Notify Relevant Parties

Texas Peace Officers’ Crash Reports (CR-3) must be filed for collisions causing injury or ≥$1,000 property damage. For workplace injuries, notify your employer within 30 days to preserve workers’ compensation eligibility, if subscribed.

4. Preserve Evidence

Retain damaged clothing, defective products, or vehicle parts. Request surveillance footage from retailers in downtown McKinney before it is overwritten. Back up cell-phone photos to cloud storage immediately.

5. Avoid Early Settlements

Insurance adjusters often contact victims within days. Signing a release forfeits further compensation. Politely decline until you consult legal counsel.

6. Track All Expenses

Maintain a running spreadsheet of copays, mileage to appointments, over-the-counter medications, and PTO used at employers like Raytheon, Emerson, or McKinney ISD.

When to Seek Legal Help in Texas

Complex Liability or Severe Injuries

Multiple defendants—such as a trucking company, cargo loader, and vehicle manufacturer—necessitate skilled litigation. Catastrophic injuries (brain trauma, spinal cord damage) often exceed $1 million in lifetime costs; professional valuation is critical.

Disputed Fault or Insurance Denial

Texas insurers may allege comparative fault under Chapter 33 to lower payouts. A McKinney accident attorney can subpoena traffic-camera footage at Eldorado & U.S. 75 or commission accident reconstruction to rebut these allegations.

Government or Non-Subscriber Claims

Strict notice periods and immunity defenses require fast action. Lawyers ensure compliance and maximize statutory exceptions.

Negotiating Liens and Subrogation

ERISA health plans, Medicare, and workers’ compensation carriers assert reimbursement rights. Experienced counsel negotiates reductions to increase your net recovery.

Local Resources & Next Steps for McKinney Injury Victims

Court System

• Collin County District Courts – 2100 Bloomdale Rd., McKinney, TX 75071. File civil suits exceeding $200, where most personal injury trials are heard.

• Collin County Justice of the Peace Courts – Handle smaller claims up to $20,000.

Law Enforcement Reports

Accident reports from McKinney Police Department (972-547-2700) can be ordered online or in person. DPS maintains statewide crash data.

Medical Providers

• Baylor Scott & White Medical Center – McKinney

• Medical City McKinney

• UT Southwestern Frisco (specialty referrals)

Rehabilitation and Support

Facilities like Texas Health Physical Therapy & Wellness Center – Craig Ranch aid recovery. Support groups meet at the McKinney Senior Recreation Center.

Filing a Complaint Against an Attorney

Contact the State Bar of Texas grievance committee if needed.

Authoritative Legal References

Texas Civil Practice & Remedies Code Chapter 16: Limitations TCPRC Chapter 33: Proportionate Responsibility Texas Department of Insurance Consumer Help TxDOT Crash Statistics

Legal Disclaimer

The information provided in this guide is for educational purposes only and does not constitute legal advice. Laws can change, and application of law depends on specific facts. Always consult a licensed Texas attorney regarding your individual situation.

If you were injured due to someone else's negligence, call Louis Law Group at 833-657-4812 for a free case evaluation and legal consultation.