Plano Personal Injury Guide: Know Your Rights in Texas

Introduction: Why Plano Residents Need a Location-Specific Personal Injury Guide

Nestled in Collin and Denton Counties, Plano is crossed by high-traffic corridors such as U.S. 75 (Central Expressway), the President George Bush Turnpike, and Sam Rayburn Tollway. With more than 280,000 residents and a thriving corporate sector, collisions, workplace injuries, and premises accidents are unfortunately common. According to the Texas Department of Transportation’s most recent Crash Statistics, Collin County recorded over 14,000 reportable crashes in a single year. Plano victims often seek care at Baylor Scott & White Medical Center – Plano or Medical City Plano and then face mounting bills, lost wages, and insurance adjusters pressing for quick settlements.

This comprehensive guide explains how Texas personal injury law applies to accidents in Plano, Texas. It slightly favors the injury victim by highlighting rights and deadlines, yet remains strictly factual under Texas statutes, court rules, and authoritative sources. If you are searching online for a "personal injury lawyer plano texas," the information below will help you understand your legal landscape before you speak with counsel.

Understanding Your Personal Injury Rights in Texas

The Legal Basis for Personal Injury Claims

A personal injury claim arises when another person or entity’s negligent, reckless, or intentional act causes harm. In Texas, negligence is proved by establishing duty, breach, causation, and damages. Victims may recover economic damages (medical expenses, lost earnings) and, when supported by evidence, noneconomic damages (pain and suffering) under Texas Civil Practice & Remedies Code (TCPRC) §41.001.

Statute of Limitations: Two Years in Most Cases

TCPRC §16.003(a) sets a two-year limitations period for personal injury and wrongful death claims, calculated from the date of injury or death. Missing this deadline almost always bars recovery. Limited exceptions—such as the discovery rule for latent injuries and tolling for minors—apply, but they are narrowly construed by Texas courts (Childs v. Haussecker, 974 S.W.2d 31 (Tex. 1998)). Act quickly to preserve evidence and file suit timely in Collin County or Denton County district courts.

Comparative Fault: Proportionate Responsibility

Texas follows a modified comparative fault system codified in TCPRC Chapter 33. If you are 51% or more responsible for your own injuries, you recover nothing. If you are 50% or less at fault, damages are reduced by your percentage of responsibility. Insurance carriers commonly invoke comparative fault; understanding this rule helps Plano claimants push back against unfair blame-shifting tactics.

Common Types of Personal Injury Cases in Plano, Texas

Motor Vehicle Collisions on Plano Roadways

Traffic congestion on U.S. 75, Spring Creek Parkway, and Preston Road leads to rear-end crashes, side-impact collisions, and pedestrian injuries. Texas Transportation Code §§545.351–.352 require drivers to maintain safe speeds and following distances—violations frequently establish breach of duty.

Commercial Truck Accidents

Plano sees steady 18-wheeler traffic servicing Legacy West and other corporate hubs. Federal Motor Carrier Safety Regulations and Texas Transportation Code §644 impose strict standards on carriers; violations can create negligence per se liability.

Premises Liability and Slip & Fall Incidents

Whether inside The Shops at Willow Bend or a local grocery store, landowners owe invitees a duty to remedy or warn of unreasonable dangers (see CMH Homes, Inc. v. Daenen, 15 S.W.3d 97 (Tex. 2000)). Proper documentation—photographs, incident reports—bolsters these claims.

Workplace and Construction Injuries

Plano’s rapid development means construction sites across Collin County. While Texas does not mandate private employers to subscribe to the state workers’ compensation system, non-subscribers lose certain defenses under TCPRC §406.033. Injured employees may file negligence suits for unsafe work conditions.

Dog Bites and Animal Attacks

Plano Municipal Code §6-4 requires dog owners to prevent bites and leash violations. Texas follows the “one-bite rule” interpreted in Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974), but victims can also proceed under negligence theories by proving the owner failed to exercise reasonable care.

Weather-Related and Storm Damage Injuries

Severe hail, flash flooding, and icy overpasses on Dallas North Tollway create unique hazards. Property owners must take reasonable precautions when they know of dangerous weather conditions, and municipalities may face limited liability under the Texas Tort Claims Act (TCPRC §101.021) for roadway defects.

Texas Legal Protections & Injury Laws Every Plano Victim Should Know

Damage Caps and Exceptions

For most negligence cases, Texas does not cap economic or noneconomic damages. However, medical malpractice suits face statutory caps under TCPRC §74.301: $250,000 per claimant against physicians and $250,000 per health care institution (with an overall ceiling of $500,000 for all institutions). Punitive damages are limited to the greater of either (a) $200,000 or (b) two times economic damages plus noneconomic damages up to $750,000 (TCPRC §41.008).

Wrongful Death and Survival Actions

If an injury results in death, the decedent’s spouse, children, and parents may file a wrongful death claim (TCPRC §71.004). Meanwhile, the estate may recover additional damages through a survival action under TCPRC §71.021, preserving the deceased’s personal injury claim.

Governmental Immunity and Notice Requirements

Suits against the City of Plano, Collin County, or other governmental units must satisfy the Texas Tort Claims Act. Victims must give written notice of the claim within six months of the incident, or less if a local charter imposes a shorter period (e.g., 90 days per Plano City Charter §6.03).

Licensing Rules for Attorneys

Only lawyers licensed by the State Bar of Texas may provide legal advice or represent injury victims in court. Texas Government Code §81 mandates adherence to ethical rules, including contingency fee agreements in writing (Tex. Disciplinary Rules Prof’l Conduct 1.04).### Filing Suit in Collin or Denton County

Most Plano actions are filed in the 296th, 417th, or 468th District Courts of Collin County or the 431st District Court of Denton County. The Texas Rules of Civil Procedure govern pleadings and service; Rule 99 outlines citation requirements, giving defendants 20 days to answer following service.

Steps to Take After a Personal Injury in Texas

1. Seek Immediate Medical Attention

Your health comes first. Visit an emergency department such as Medical City Plano or Baylor Scott & White – Plano. Prompt treatment documents causation and damages, critical under TCPRC §18.001 for admissibility of medical expense affidavits.

2. Report the Incident

• Auto collisions: Texas Transportation Code §550.062 requires drivers to file a crash report if police do not investigate.
• Workplace injuries: Notify your employer within 30 days per Texas Labor Code §409.001.
• Animal bites: Plano Animal Services must be informed within 24 hours (Plano Code §6-4).

3. Preserve Evidence

Collect photos, witness contacts, dash-cam footage, and damaged property. Request surveillance video from local businesses—many systems overwrite after 30 days. Your personal injury lawyer can issue preservation letters under Rule 196.7 to prevent spoliation.

4. Avoid Quick Insurance Settlements

Insurers often offer low, early settlements. Once you sign a release, TCPRC §154.004 makes it final. Consider consulting a plano accident attorney before agreeing.

5. Consult Qualified Legal Counsel

A lawyer can evaluate comparative fault, calculate damages, and negotiate aggressively. Texas contingency agreements typically range from 33⅓% to 40%, but firms must disclose expenses and the client’s net recovery.

When to Seek Legal Help in Texas

Complex Liability or Severe Injuries

Multiple-vehicle pileups on icy bridges, trucking accidents involving interstate carriers, or catastrophic injuries (spinal cord, TBI) require immediate legal intervention to secure black-box data and engage experts.

Disputed Fault or Insurance Bad Faith

If insurers allege you were mostly at fault or delay payment, Texas Insurance Code Chapter 542 (Prompt Payment of Claims Act) may provide extra-contractual remedies. An attorney can demand statutory interest and attorney’s fees.

Government or Commercial Defendants

Cases against Plano ISD, the City of Plano, or Fortune 500 employers at Legacy West have unique notice and immunity issues. Counsel ensures compliance and maximizes recovery.

Local Resources & Next Steps for Plano Injury Victims

• Hospitals: Baylor Scott & White Medical Center – Plano (4700 Alliance Blvd) and Medical City Plano (3901 W. 15th St).
• Courthouses: Collin County Courthouse (2100 Bloomdale Rd, McKinney) and Denton County Courthouse-in-Denton (1450 E. McKinney St).
• Police Reports: Plano Police Department Records Unit, 909 14th St, Plano.
• Victim Assistance: Collin County Crime Victim Assistance Unit provides counseling and restitution guidance.

Take advantage of Texas Department of Insurance consumer guides on auto and health claims: Texas Department of Insurance Resources.## Authoritative External Sources

Texas Statutes OnlineTexas Judiciary Court InformationTxDOT Annual Crash Statistics

Legal Disclaimer

The information in this guide is provided for educational purposes only and does not constitute legal advice. Laws change, and the application of those laws depends on the specific facts of each case. Consult a licensed Texas attorney before taking any legal action.

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.