Car Accident Lawyer in San Antonio

San Antonio, Texas, is a top tourist destination in Texas, attracting millions of visitors each year. It is famous for its rich history, cultural attractions, and beautiful natural surroundings.

Some of the most visited tourist attractions in San Antonio include the Alamo, the River Walk, SeaWorld, and Six Flags Fiesta Texas. The city also hosts a number of annual events and festivals that draw large crowds. These include the Fiesta San Antonio, San Antonio Stock Show and Rodeo, and the Texas Folklife Festival.

In addition, the weather in San Antonio is generally pleasant, with mild winters and hot summers. Getting around the city and the surrounding area is easy and comfortable. 

As a result, San Antonio traffic is among the worst in the state of Texas, despite its modern and efficient road network. It is not surprising that car accidents are pretty common in “Alamo City.”

According to the Department of Transportation, 38,461 Texas car accidents occurred in San Antonio in 2021. It is not nearly as bad as Houston, but it is more than triple the number of crashes in Austin. While most of these crashes were minor, 171 were fatal, resulting in 182 deaths. 

As a driver in Texas, you should be aware of driving laws that keep yourself and others safe on the road. Vehicle crashes resulting in serious injury, wrongful death, property damage, or all of the above come with legal repercussions. When such an accident happens, you need a legal team to represent you and protect your rights. 

Car accident law firms and auto accident attorneys can guide you through any financial and legal issues. If you’ve been a victim of a negligent car accident, such as drunk driving, and suffered harm, seek legal advice.

Work with a car accident attorney in San Antonio to get that fair compensation you deserve. Visit The Personal injury Center for a free consultation to find the San Antonio car accident lawyer to represent you.

Have you recently been injured in an accident?

Featured by the Dolman Law Group

“According to the Medical The Personal Injury Center, medical errors cause serious injuries to or the premature deaths of up to 200,000 people a year. Fewer than 20 percent of the victims of medical malpractice file lawsuits against the providers who injured them. Of those who do file lawsuits, fewer than 20 percent receive any sort of monetary compensation for their injuries.”

Read the article here.

How common are car crashes in the US and Texas?

You have probably become involved in a car accident recently, and it might seem you are in a unique situation. Unfortunately, car crashes happen more often than you might think, many of them preventable. 

State governments like Texas are doing what they can to keep these events from happening through safe driving campaigns. However, they don’t appear to be working so well. From the national perspective, car crashes have increased over the last few years.

The number of police-reported vehicle crashes classified as fatal in 2020 was around 35,700. This accounted for only about 0.7 percent of all reported crashes nationwide. There was a rise of 0.2 percent in the total number of all reported auto accidents compared to 2019. 

Of the people who died in car crashes in the U.S. in 2020, more than 19,500 were drivers, around 6,516 were pedestrians, and precisely 5,966 were passengers. 

Motor vehicle crashes are among the leading fatality causes for those 55 and younger. Apprximately 4.7 million passenger cars were involved in US traffic accidents in 2020. Light trucks ranked second, figuring in about 3.8 million car crashes.

These numbers show that the probability of you or your loved ones getting involved in a car accident is moderate to high. However, knowing the reasons for these crashes can help prevent them.

In the state of Texas, the most common reasons for fatal and non-fatal car accidents in 2021 were the following: 

  • Failure to control speed: 134,125
  • Failed to yield (various): 94,754
  • Driver inattention: 82,705
  • Failure to drive in a single lane: 45,743
  • Changed lanes when unsafe to do so: 42,638
  • Disregard for stop and go signal: 21,881
  • Faulty evasive action: 21,460
  • Tailgating: 20,724
  • Disregard for stop signs or light signals: 14,831
  • Driving under the influence of alcohol: 4,897

How To Build a Car Accident Claim in San Antonio

No one can predict when and how a car accident will occur in Texas. However, motorists and pedestrians can control a car crash’s legal and financial outcomes. 

The Texas Civil Practice and Remedies Code lets negligent car accident victims sue for compensation Section 41.001. The damages described in this section cover the cost of any personal injuries, property damage, and any other losses sustained.

Damages” is the legal term in civil cases that refer to monetary compensation. The court typically awards damages to victims of a breach of duty that resulted in harm.

Because each car crash is different, the amount can vary from one case to another. Factors such as the extent of the injuries and property damage can affect the settlement value. In some instances, the court may decide to include exemplary damages.

Consult with an experienced personal injury attorney in San Antonio to explore your legal options. Auto accident attorneys can help negotiate and settle your car accident case in your favor. 

However, you also play a critical part in ensuring the success of any financial claim you make. Remember to take the following steps to protect yourself and preserve evidence for your case. 

Call for assistance

Call for help as soon as possible after the crash. 

When you and any passengers can, move to a safe place to prevent further complications from the crash. However, do not leave the scene of the accident.

Once you are in a safe position, call for an ambulance to seek medical attention for any personal injuries sustained, however minor. Possible physical injuries to the drivers and passengers in a motorcycle accident or vehicle crash include the following:

  • Broken bones
  • Neck injuries, such as whiplash
  • Surface burns
  • Traumatic brain injuries
  • Back injuries
  • Cuts and lacerations

Next, contact the police to report the accident. Police are there to keep citizens safe and investigate accidents. When law enforcement arrives, remember to do the following:

  • Answer questions honestly
  • Stick to the facts of the case; do not speculate
  • Let the police determine which party is at fault

The investigating officer will create an official accident report, noting any necessary details and information. Insurance companies use police reports in their investigations to determine what happened.

The police report is critical to your case. It will support or negate your claims in court should your case require a hearing. The information you provide and the officer gathers will significantly affect the compensation you may receive.

In addition, the insurance company may minimize the severity of your injuries to reduce their exposure. A car accident lawyer will make sure that does not happen.

Collect evidence

Gather evidence of where the accident occurred as soon as possible after the motorcycle, car, or truck accident. This includes anything that will support your claims and help your lawyer build a solid case against the at-fault party.

The types of evidence you should collect include the following: 

  • Pictures or video recordings of the scene
  • Serious injuries suffered as a result of the motor vehicle accident
  • Interviews of eyewitnesses
  • Weather details
  • Road conditions
  • Any vehicle defects on all cars involved

Strong, indisputable evidence is essential in negotiations with the at-fault party’s insurance company. It provides your lawyer with leverage in getting the financial compensation you deserve.

Get a medical evaluation

One of the major aspects of personal injury claims involves economic damages. You can recover these monetary losses, such as medical bills associated with car accident injuries.

Always seek medical attention immediately after a car accident, even when you only believe you have sustained minor injuries. Injuries such as concussions and internal bleeding will not be apparent until days or weeks after the accident.

Surprise, shock, and physical impact can cause adrenaline to run through your veins, making you less sensitive to discomfort. This may be a good thing in the short term, but it also means you may not appreciate the extent of your injuries.

Let the doctor know you’ve been in a car accident. They will conduct a thorough physical examination and document any injuries you may have. You should be most concerned about injuries that may not be immediately apparent, such as the following:

  • Whiplash
  • Spinal cord injuries
  • Traumatic brain injuries
  • Internal bleeding
  • Neck injuries

Aside from ensuring you get the proper treatment, you can use medical records to substantiate your claims for medical expenses. The documents also allow you to claim other economic damages, such as loss of income.

In every type of car accident, the potential for physical injury or even wrongful death is high. Medical records connect the injury with the accident that caused it. This can help you get compensation for any injuries you or your loved ones suffered from a negligent car accident.

Contact your insurance company

Get in touch with your insurance company as soon as possible after a car wreck to reduce the chances of them denying your claims. 

The Texas Department of Insurance mandates that all drivers show proof of the ability to pay for accidents they cause. The most common type of proof is liability insurance. The minimum coverage required for liability insurance is the following:

  • $30,000 in physical injury liability for the injury or death of one person
  • $60,000 total in bodily injury liability for any injuries or deaths caused to multiple people
  • $25,000 for any property damage 

However, your liability insurance only covers other people’s costs, not yours or your passengers. If the other driver is at-fault, you must file a claim against their insurance company for compensation.

On the other hand, uninsured and underinsured motorist, personal injury protection (PIP), and medical payments coverage can cover your costs.These are optional in Texas, but they can help protect you  financially from any injuries you or others sustain in a car accident.

Be careful if you must file a claim against the at-fault driver’s insurer. It is rarely a good idea to talk to or handle an insurance adjuster without consulting your lawyer. When you negotiate with your insurance company, you may reveal unnecessary information.

Do not talk to them or sign documents without your lawyer’s knowledge. The insurance company may use any information you provide or statements you make to minimize your claims.

Have you recently been injured in an accident?

Talk to a personal injury lawyer

San Antonio auto accident lawyers specialize in personal injury law. They are the best people to guide you through the legal processes of a personal injury claim. Your attorney can determine the value of your claim and whether the insurance company’s offer is fair.

Several factors determine the value of a personal injury claim:

  • Medical expenses
  • Loss of income
  • Pain and suffering
  • Comparative fault 

The last factor bears some attention. Texas subscribes to the modified comparative fault rule, determining damages based on the share of the blame for the accident. Section 33.001 of the Texas Civil Practices and Remedies Code refers to this as “proportionate responsibility.” 

Under the law, a claimant can recover damages only if they are 50% or less responsible for an accident. If the court finds them 51% or more at fault, the claimant may not receive any relief. Additionally, the court will reduce the award by the degree of responsibility of the claimant.

The role of San Antonio car accident attorneys is to find, organize, and use evidence that will minimize your share of the responsibility as much as possible. They must also prove that you have incurred significant economic and non-economic losses because of the negligence of the at-fault parties.

All these details help strengthen your case, increasing your chances of getting the fair compensation you deserve.

What Evidence Do You Need To File a Car Accident Claim?

Solid proof is needed to support your personal injury claims and counteract any strategies by the other parties. Ensuring you have clear, substantial evidence to prove the other party’s fault helps win your car accident case. 

The evidence should mainly indicate the four elements needed to prove negligence:

  • Duty of care, i.e., follow traffic rules that ensure the safety of everyone on the road
  • Breach of duty, i.e., violation of a traffic rule
  • Cause in fact or “actual cause” of the injury, i.e., truck  hitting a car
  • Proximate cause or “legal cause,” referring to the primary cause of the injury, i.e., running a red light

You must prove these points against the at-fault party to win your San Antonio personal injury case. Your car accident lawyer will discuss the details of your case with you, including whether you should sue someone personally

Due to the complexities of car accidents in Texas, you should have a preponderance of evidence to support your case. Below are the types of car accident evidence commonly presented when filing a lawsuit.

Statements from witnesses and loved ones

Some of the best evidence you can gather is from the people involved in the crash. These include your passengers and people on the street. 

Take note of all witnesses’ names and contact information for the collision. Your personal injury lawyer will get in touch with them to take their statements and verify the details of the accident. 

The at-fault party may argue that your interpretation of events may be clouded since you are biased in your favor. Third-party accounts can provide insight into what happened leading up to the accident and help support your story. Eyewitness testimonies can strengthen your case significantly, perhaps even prove the defendant’s negligence.

You should take statements from friends, loved ones, and co-workers about how the accident has changed your behavior and relationships. They can also testify to the impact the physical injuries you sustained on your well-being and mental health. 

Official documents and reports

Official documents include police reports and medical records, which shed light on how the car accident happened and the aftermath. 

Police reports are public documents that indicate who was at fault. It provides details regarding the crash, including the location, the people involved, and the state of the cars and roads. This official car accident report is not a conclusive determinant of fault, but it can be persuasive.

Another critical type of evidence is the medical records regarding the accident. These records reveal the nature and severity of your injuries and indicate the potential financial consequences of the accident. It includes the doctor’s prognosis of the injuries you sustained and the treatment you will need in the future.

Your lawyer can use these official reports to win your car accident case. More importantly, they give the attorney leverage to argue for the settlement amount or damages required to cover your losses. 

Electronic data

As you collect papers and contact information, do not forget one of the most potent types of evidence available to you nowadays—electronic evidence. This includes photos you have taken using your phone and dash cam. 

Photographs, videos, and voice memos can provide the following evidence in clear and persuasive detail: 

  • Your injuries due to the accident
  • The vehicle’s condition before and after the accident
  • Road conditions
  • Evidence or lack of traffic signals

Your lawyer may also acquire traffic surveillance footage to show the flow of the vehicles at the time. Traffic surveillance footage can prove the at-fault driver violated traffic laws. These may include driving over the speed limit or making an illegal turn at intersections.

Witnesses may also have taken photos or videos of the accident scene and surrounding area. Ask for copies to use in your claims. 

Income documents

If you sustained injuries in a negligent car accident, it often means loss of income or earning capacity. To recover damages for these, you will need to provide evidence to support your claim. These include the following:

  • Pay stubs and tax returns: These show your income before and after the injury and can demonstrate the financial impact of the injury.
  • Expert testimony: A vocational expert can testify as to the potential earning capacity you would have had but for the injury.
  • Employer testimony: Your employer can testify about how your injuries have affected your ability to perform your job.
  • Documentation of job offers or promotions: Suppose you had a job offer or promotion before the injury that you could not take because of your injuries. In that case, you can submit documents to that effect that demonstrate lost earning capacity.
  • Financial statements: Financial statements, such as profit and loss or balance sheets, show income differences before and after the accident.
  • Invoices and receipts: You can provide copies of invoices and receipts before and after the accident.
  • Witnesses: Testimony from employees or clients can support your claim of loss of income.

Gathering the needed evidence requires significant resources, mainly because there is a time limit. The statute of limitations for negligent personal injury claims in Texas is two years.

You should contact a San Antonio auto accident lawyer when filing a claim as the harmed party. Experienced attorneys help you gather, organize, and present evidence on time to support, prove and win your case.

Find a San Antonio Car Accident Lawyer Through The Personal Injury Center

A car accident is a stressful experience, regardless of the cause or extent of the damage. Aside from the shock, a car accident often means hours filling out reports and filing insurance claims. However, the burden may be more than most people can handle when it involves property damage, serious injury, or death.

Additionally, the legal process of filing, negotiating, and winning a negligent car accident case in Texas is complicated. A San Antonio car accident lawyer can walk you through the process step-by-step, gathering all necessary evidence and arguing for your case in court. Many experienced lawyers from reputable law offices give free initial consultations.

Suppose you need legal representation in court or a lawyer to help recover damages for a car accident in San Antonio, Texas. In that case, we can help. 

We have valuable resources that can help you understand your legal options. We also offer free consultations on The Personal Injury Center website. 

We match you with the right personal injury attorney for your case. 

Have you recently been injured in an accident?

FAQs on Car Accident Lawyers in San Antonio 

There are two types of modified comparative fault systems: "50% bar" and "51% bar."

Under a 50% bar system, if the court finds an individual to be 50% or more at fault for an accident, they cannot recover damages. They can recover damages if they are less than 50% at fault.

Under a 51% bar system, the threshold for recovering damages is a bit higher. If the court finds an individual to be 51% or more at fault for an accident, they cannot recover damages. They can recover damages if they are less than 51% at fault.

Under either system, the court will reduce the amount a claimant can recover by their percentage of fault. The court or a jury determines the percentage of responsibility based on the evidence presented.

Personal injury protection (PIP) is a type of car insurance coverage that pays for medical expenses and lost wages that result from a car accident, regardless of who is at fault. PIP coverage, or "no-fault" coverage, covers the policyholder's expenses regardless of who caused the accident. 

PIP coverage is required in some states and optional in others. It is generally available as an add-on to a standard car insurance policy.

Sharing images and details of your accident with family and friends can be tempting. However, it is best to refrain from mentioning or posting anything on social media. Any pictures or statements made on your social media accounts may be used against you. For example, the insurance company may use it to prove that you are not suffering from severe injuries, as you claim.