Car Accident Lawyer San Antonio, TX
Car Accident Lawyer San Antonio, TX
A San Antonio car crash today is much more severe than an accident was 50 years ago. There are higher speed limits and more distractions like cell phones and car TVs. Catastrophic injuries to the head, neck, brain — you name it — are common. Fortunately, auto accident victims have legal recourse options to pursue compensation for the harm associated with their injuries. A car accident lawyer San Antonio, TX can help if you’re injured in a car accident through the negligent actions of another driver. Please call us today at (210) 366-4949 for a free consultation and case review.
Traffic Collision Types and Causes
Every car crash is different and has its own set of circumstances. However, car collisions do follow patterns. Knowing these patterns can help keep you safe.
In Texas, the most common car wrecks are the ones listed below.
Inattentive motorists are typically the driving factor behind rear-end collisions. Not keeping their eyes on the road and following too closely behind another vehicle can have costly consequences.
For instance, a driver following too closely may not have time to slow down or brake to avoid accidents. And while the rear driver often causes the wreck, the front car can also cause an accident by abruptly stopping in traffic or driving in reverse.
In the United States, rear-end collisions are the most common type of auto accident. Drivers who are tired, impaired, and distracted commonly cause rear-end collisions.
Car crash victims experience minor to severe injuries in this type of collision. Severe injuries develop even in low-speed accidents. Broken bones, spinal cord damage, and neck injuries are common in victims.
Head-on crashes are just how they sound: two vehicles colliding into each other head on. Head-on crashes are among the most dangerous because the impact force magnifies. As a result, the chance of severe injuries or death is higher.
Common injuries in these car crashes include spinal cord damages, traumatic brain injuries, broken bones, internal organ damage, and more.
Driving impaired, speeding, reckless driving, driver fatigue, and distracted driving frequently contribute to head-on auto accidents.
Also called T-bone accidents, side-impact collisions occur when two vehicles collide at a perpendicular angle and form a “T” shape.
The sides of a vehicle have less ability to absorb impact than the rear and front. These accidents are dangerous for passengers sitting on the side that gets hit.
Drivers ignoring traffic signs and signals, failing to yield, and not stopping at intersections often cause side-impact collisions. Reckless, impaired, or distracted driving may lead to a side-impact crash.
An at-fault driver could face financial responsibility for the victim's injuries.
A side swipe accident happens when two cars are driving alongside each other, and one strikes the side of the other. This type of collision typically happens when drivers don’t check their blind spots before changing or merging lanes.
A sideswipe accident is hazardous because vehicles can lose control after the impact and drive off the road or into other traffic lanes. This poses a danger to other cars, cyclists, pedestrians, and objects on the side of the road.
Injuries from a sideswipe collision can be severe, especially if additional impacts occur. Common injuries include internal organ damage, traumatic brain injuries, head injuries, spinal cord damage, whiplash, and broken bones.
Single-vehicle accidents are also common and typically happen when a driver hits something on their route, like an animal or cargo or road debris. The car may careen off the roadway and hit a guardrail, light pole, fire hydrant, or another obstacle.
The vehicle may roll or end up in a ditch depending on where the wreck occurs. Although the impact only involves one car, occupants can suffer serious injuries especially if the vehicle hits a large, heavy object or rolls over.
Typical accident causes include fatigued or impaired drivers, lousy weather, speeding, and animals on the road.
Single-vehicle accidents can also happen because of another party’s negligence. Examples include reckless driving, missing traffic signage, or a poorly designed road work zone.
An accident involving multiple vehicles can be devastating. More cars in an accident means more injured people and more insurance policies that need to reimburse the injured parties. When a car gets wedged between two other vehicles, the passengers may suffer catastrophic injuries.
Assigning fault in a multi-vehicle crash can be difficult. Multiple at-fault parties may be involved, and insurance companies don’t want the blame to land on their client.
If you’re injured in a multi-car accident, you need the help of an experienced car accident lawyer San Antonio, TX at Janicek Law.
Rollover wrecks are incredibly life-threatening and are usually caused by a driver losing control of their vehicle. This type of crash has a higher chance of causing severe injuries and death not just because of the rolling motion, but because of spilled fuel that can lead to vehicle fires.
Rollover wrecks may also cause catastrophic injuries or death if drivers are ejected from the vehicle.
Keeping an eye on blind spots before merging or switching lanes is an important part of driving responsibly. However, not everyone does this consistently, and this driver oversight is one of the most common contributors to sideswipe accidents. Leaving blind spots unchecked can result in a collision with an unseen vehicle.
Motorcycles and small automobiles are especially vulnerable to sideswiping in a blind spot accident. That’s because drivers of larger vehicles can’t see them in their blind spots. Large trucks and 18-wheelers have much larger blind spots that increase the risks to drivers in small vehicles.
Serious injuries can result from a blind spot accident depending on the angle of the vehicles’ impact, speed, and additional factors.
Even a car moving at a low speed generates significant force upon impact. No matter what speed a vehicle travels, cyclists and pedestrians are in peril if struck.
More important than speed in this type of wreck is the impact angle. Neck and back injuries, broken bones, whiplash, bruising, head or facial injuries, and crush injuries are common low-impact vehicle accident injuries.
Unsurprisingly, merging accidents are common. It’s a tricky maneuver to accomplish in dense traffic for even the most experienced driver. Reckless driving, failing to check blind spots, or failing to drive at the same speed as other vehicles can cause this type of accident.
Merging accidents also happen when motorists cut off someone merging onto a roadway. These wrecks typically occur at high speeds, so any injuries sustained in the collision tend to be severe.
Do I Need to File a Police Report After an Accident?
Anytime you’re in an automobile accident, you should notify the police. This is especially important if you’re seriously hurt or there is extensive property damage. The responding officer takes statements from drivers, passengers, and witnesses of the crash, and includes them in the police report.
If you’re badly injured and need medical treatment, you probably can’t provide your accident statement immediately. You can contact the police, explain what happened, and add your information later if this happens. Documentation is crucial for recovering full compensation.
Your car accident lawyer San Antonio, TX can challenge missing or incorrect information included in the police report if necessary.
What Should I Do If I’m Injured in an Accident?
See a medical professional right away if you are involved in a car accident. You need medical attention even if you don’t think your injuries are serious. That’s because not all injuries are seen or felt right away.
Seeking immediate medical treatment for your injuries benefits you in two ways: it ensures that any injuries you receive are diagnosed and treated right away. It also establishes that the accident caused your injuries through documentation.
After an auto accident, the shock and adrenaline running through your body can hide injury symptoms. Not getting checked out can have life-threatening consequences and can also negatively impact your ability to receive compensation.
Being seen promptly by a physician protects your health and future compensation for time off work and medical bills.
What Are the Most Common Car Accident Injuries in San Antonio?
The severity of injuries caused by car wrecks varies and depends on several factors. Automobile accidents commonly cause the injuries listed below.
166 people died each day in 2019 from a traumatic brain-related (TBI) injury per the Centers for Disease Control (CDC). A minor brain injury can take a few days or weeks to heal. Meanwhile, a severe brain injury can require a lifetime of care.
Burn injuries can happen when victims contact hot surfaces in a car crash, such as metal or a damaged radiator steam. Chemicals and toxic substances that spill from commercial trucks can also cause burn injuries.
Common automobile collision neck injuries include herniated disks, cervical dislocations, and whiplash. These injuries may be painful for a short time or they can cause major disabilities like paralysis.
Spinal Cord Injuries
The National Spinal Cord Injury Statistical Center states that automobile accidents account for almost 40% of spinal cord injuries. Spinal injuries are often caused by vertebral fractures. Sufferers require constant care while they heal.
Car accidents can cause many types of limb injuries. They can present as broken bones, amputations, fractures, lacerations, ligament tears, and soft tissue injuries.
How is Fault Determined in a Texas Car Accident?
Texas is a “fault” state, which means the at-fault party is financially responsible for the injured person’s injuries and damages.
The party at fault may have to pay economic damages (such as medical expenses and property damage), non-economic damages (such as pain and suffering), and punitive damages.
Depending on the details of the accident, determining fault may be easy. Someone driving drunk and causing a collision would obviously be at-fault. However, evidence is the determining factor when there is no clear-cut negligence.
Police who respond to the accident scene, insurance providers, lawyers, and even juries review the evidence in order to establish fault.
If liability is obvious at the accident scene, the officer notes this in the police report and cites the responsible motorist.
If there is a dispute over liability, the insurance companies and the defendant often blame the claimant. To determine what caused the accident and fault, your San Antonio car accident lawyer will investigate the accident by collecting evidence, interviewing witnesses, and hiring experts if needed.
When your attorney enters settlement negotiations, they present their findings to the defense to get them to settle your claim. However, if the opposing sides can’t reach a settlement agreement, the jury must decide.
Janicek Law works with a variety of San Antonio professionals, such as accident reconstructionists, investigators, experts, and others in order to collect case-winning evidence. To win our clients’ cases we:
- Collect sworn statements from witnesses and all involved parties
- Obtain copies of police and accident reports
- Look over video footage relevant to the wreck
- Analyze black-box data
- Look over traffic control signal sequences
Who Is Liable for My Injuries?
Typically, the negligent driver is responsible for your damages after a wreck. If the driver was operating a company vehicle at the time of the accident, their employer might also be liable. But if a vehicle defect causes your injuries, the manufacturer may be responsible.
As long as the at-fault party has insurance coverage, their insurance provider will pay for their negligence.
How Do Liable Parties Try to Avoid Paying?
No one wants to pay for a car accident claim – not the motorists and not insurance companies because they don’t want their premiums to rise. Manufacturers, employers, or negligent drivers also don’t want to be held personally liable.
It’s an insurance company’s goal to pay as little as possible, or pay nothing at all. So these companies (and the at-fault party) often blame the injured person or third parties for the collision. They do this to avoid fault and financial responsibility for the claimant’s damages and injuries.
Should I Talk to Insurance Adjusters After an Accident?
Never speak with an insurance adjuster until you’ve received legal advice from your car accident attorney in Bexar County. It doesn’t matter if the adjuster works for your insurance carrier or the other driver’s insurance carrier. Remember that your insurance company isn’t your ally.
It’s the adjuster’s job to limit the insurance provider’s financial responsibility after a car wreck and therefore limit the coverage paid out. So it’s best to avoid talking to insurance adjusters entirely, or to direct them to your San Antonio car accident attorney.
What Are Damages After a Texas Car Accident?
Damages are the losses you sustain after a motor vehicle accident. The purpose of compensation is to return you and your property to your pre-accident position.
Compensation cannot reverse your personal injuries after an accident occurs. It can, however, cover medical expenses, lost wages, pain, suffering, and other losses from the San Antonio car crash.
How Much Compensation is Available in San Antonio Car Accident Cases?
The big question asked by victims in car accident claims is what their maximum compensation may be. As each case is different, there isn’t a definite answer to this question.
The total compensation that your legal representation can win for you depends on the entire cost of medical treatment, the severity of your injuries, whether you can go back to work, and more.
The car accident attorneys at Janicek Law help victims recover their crash-related medical costs, lost income, pain and suffering, as well as punitive damages.
Why Do I Need a Personal Injury Attorney?
Having an experienced San Antonio accident attorney on your side is critical for getting full and fair compensation for your damages. While many motorists carry liability insurance, these insurers are not obligated to the victim. Their job is taking care of their customers.
A San Antonio personal injury lawyer helps you get financial compensation from the insurance company for every type of damages you suffered. This includes future surgery costs, medical bills, past or future time off work, pain, suffering, and impairment.
Statute of Limitations For a Car Accident Claim in San Antonio, TX
Each state limits the amount of time personal injury victims have to file a lawsuit against a negligent party. This is known as the Statute of Limitations.
Victims of San Antonio car accidents have two years to file a personal injury lawsuit per the Texas Civil Practice & Remedies Code section 16.003. The clock starts ticking on the day of the accident.
It’s critical that you contact the law offices of an experienced auto accident attorney in San Antonio right away, so you don’t miss this hard deadline.
Texas Auto Insurance Requirements
Texas drivers must carry a minimum of $30,000 in insurance coverage per injured person and a total of $60,000 per motor vehicle accident. A minimum of $25,000 is mandated for property damage.
However, if your insurance doesn’t cover the total cost of an accident that you caused, you could be personally liable and sued for the remainder.
Who Provides Compensation After a Car Accident?
The at-fault party assumes responsibility after motor vehicle collisions. If you caused the accident, your insurance company covers the damages incurred by the other driver. When the other driver is to blame, their insurance company compensates you for your injuries.
The amount injured persons receive in car accident cases depends on the other driver’s coverage. If that driver has the minimum amount of $30,000/$60,000 and it’s not enough to cover your injuries and costs, you’ll need to turn to your insurance company for the remainder.
If both drivers share the fault, Texas’ modified comparative fault rule applies. This means each driver is assigned a portion of the blame and responsibility. It also means that you may not seek compensation for damages if you are more than 51% responsible for the wreck.
If you’re the at-fault driver, you can still file a claim through your insurance provider if you are hurt in the collision. But for your injuries to be covered, you must have personal injury protection (PIP) on your policy. This is because the bodily liability coverage on your policy strictly protects the driver and passengers in the other vehicle.
If your medical costs are more than the coverage provided by your insurance policy, you’ll need to make up the difference.
You are protected if uninsured or underinsured motorist coverage is on your policy. It covers you in motor vehicle accidents with drivers who don’t have any or enough insurance. Though it’s the law that all drivers carry insurance, not all drivers abide by the law.
This coverage protects you in this instance, as well as in the case of a hit-and-run accident. In this instance, your claim gets treated like the other motorist had no insurance. You’ll receive a settlement from your carrier for repairs and medical expenses.
A Team Of Attorneys With More Than 20 Years Of Combined Experience
Our experienced personal injury attorneys have extensive experience in handling many types of personal injury cases for individuals located throughout San Antonio and across Texas.
Together, we pursue justice and compensation for car accident victims desperately need and deserve.
As a result, our collaborative approach is a big reason our legal team has recovered millions of dollars for parties injured in a wide range of car accident cases. These cases include trucking accidents, drunk drivers, or negligent motorists who cause a collision due to texting behind the wheel.
Let a Car Accident Lawyer San Antonio, TX Help You
Every new client receives a free consultation at Janicek Law. Our San Antonio law firm will review your accident case and determine how to best proceed.
We don’t charge you fees or legal expenses unless we recover compensation for you. Plus, our law firm pays all the upfront lawsuit costs and even helps with your medical bills.
Janicek Law’s auto accident attorneys understand every case and client is unique and therefore, everyone deserves customized solutions. When you retain our legal counsel for your San Antonio car crash, we handle the burdens so you can focus on your recovery.