Car Accident Lawyer and Auto Attorneys San Antonio

Car accidents are traumatic events that can leave you physically and emotionally drained. You must deal with vehicle damage, medical bills, time off work, and legal responsibilities.

Mishandling this situation can be costly and jeopardize your financial future, especially for accident victims who may already be facing significant medical expenses. A free consultation with an experienced personal injury lawyer at a reputable car accident law firm can provide crucial guidance.

If the accident occurred in Bexar County or the surrounding area, it can be helpful to speak with an accident lawyer in San Antonio. A lawyer can simplify the process, protect your rights, and advocate for your interests.

Car accidents can happen at any time and anywhere. According to the study “Traffic Safety Facts 2021: A Compilation of Motor Vehicle Crash Data” by the National Highway Traffic Safety Administration (2024), there were 6,102,936 motor vehicle accidents in 2021.

Of the total number of accidents, 39,508 (0.6%) were fatal motor vehicle accidents, 1,727,608 (28.3%) were injury-related, and 4,335,820 (71%) resulted in property damage only, amounting to 4,335,820 cases.

Read below to discover the benefits of hiring a San Antonio car accident lawyer for physical recovery, financial compensation, and peace of mind. Trevino Injury Law is a personal injury law firm located near you in the Tower West Building on Bandera Rd. and offers free consultations.

Motor Vehicle Terminology for Car Crashes in Texas

After a car accident, injury victims should be aware of specific definitions and terminology when filing a personal injury claim.

Injury:

According to the “Classification of Motor Vehicle Traffic Crashes in Texas” by the Texas Department of Transportation, published in 2023, “injury” is defined as bodily harm to a person, particularly relevant in legal cases where accident victims are seeking compensation for their suffering and losses. However, it is essential to note that this definition excludes the effects of diseases such as cerebral hemorrhage, stroke, heart attack, diabetic coma, and epileptic seizure, which are distinct from injuries sustained directly from accidents, such as those handled by a San Antonio personal injury law office.

Personal Injury Claim:

According to the American Bar Association, a personal injury claim is a tort claim. A tort claim seeks compensation for harm caused by a wrongful act of another. Tort claims fall under civil law and have two basic issues to resolve: liability and damages, important considerations for accident victims engaging in legal battles to obtain justice. Liability determines if the defendant is responsible for the harm, and damages assess the extent of the harm. In auto accident cases, this determination is critical for accident victims seeking compensation. If liability and damages are proven, compensation is awarded.

Liability:

In Texas car accident cases, securing the services of an experienced car accident attorney can significantly impact the outcome for accident victims fighting for fair compensation. “liability” means legal responsibility for damages, including personal injuries, property damage, and other losses.

Damages:

According to Texas car accident laws, the term “damages” refers to the financial compensation provided to those who have suffered harm or loss due to the accident. This compensation is intended to cover any tangible or intangible losses incurred by the victims.

Damages Include:

• Economic Damages: Compensatory damages are monetary losses you suffered from an accident, including medical expenses, lost wages, property damage, rehabilitation costs, and out-of-pocket expenses.
• Non-Economic Damages: Compensation for non-financial losses include pain and suffering, loss of consortium, emotional distress, inconvenience, scarring and disfigurement, and loss of enjoyment of life. These losses are awarded in the event of an accident and are not quantifiable in dollar amounts. Pain and suffering compensation is for physical pain and emotional distress, loss of consortium is for the impact on the relationship between spouses, compensation for emotional distress is for psychological impact, and loss of enjoyment of life is for the inability to enjoy hobbies and other life pleasures.
• Punitive Damages: In some cases, the court may award punitive damages to the victim if the at-fault party’s actions were highly reckless or egregious. These damages are not meant to compensate the victim but rather to punish the wrongdoer and prevent similar misconduct in the future.

Damages awarded in a personal injury case can vary based on factors such as injury severity, impact on the victim’s life, and accident circumstances. It is important to hire an experienced personal injury lawyer who can help you receive maximum compensation for your damages under Texas law.

Common Types of Auto Accidents

Based on the 2024 report “Traffic Safety Facts 2021: A Compilation of Motor Vehicle Traffic Crash Data” by the National Highway Traffic Safety Administration, there was an increase of 9.9 percent in fatal traffic crashes from 2020 to 2021.

The report pointed out that head-on collisions caused the most severe damage and fatalities, accounting for a significant number of deaths compared to side or rear impacts.

The most common types of car accidents involve various scenarios. They result in property damage, injuries, or fatalities.

Here are the most frequent types of car accidents.

1. Rear-End Collisions: These car accidents happen when one vehicle collides with the back of another due to sudden stops, distractions, or tailgating.
2. Side-Impact Collisions (T-Bone Accidents): These auto accidents happen when one vehicle’s side is struck by the front or rear of another vehicle, typically at intersections.
3. Head-On Collisions: These motor vehicle collisions resulting from wrong-way driving or drifting into an opposing lane are especially dangerous and often involve the fronts of two vehicles hitting each other.
4. Single-Vehicle Accidents: These car crashes occur when a vehicle hits an obstacle (like a tree or guardrail), rolls over, or goes off the road, often due to driver error, poor road conditions, or avoiding something on the road.
5. Multi-Vehicle Pileups: These car wrecks often involve multiple vehicles and can occur on busy roads or highways. They may result from a chain reaction of rear-end collisions or sudden stops.
6. Hit and Run: These car accidents involve one vehicle causing damage or injury and leaving the scene without providing contact information or waiting for authorities.
7. Parking Lot Accidents: These auto accidents are common due to the close proximity of moving and parked cars. They involve backing up collisions or hitting parked vehicles.
8. Rollovers: These car accidents can be particularly severe. They often result from high-speed turns, collisions, or certain vehicle types, which can cause the vehicle to flip over onto its side or roof.
9. Side-Swipe Accidents: These car crashes occur when two parallel vehicles touch sides, it is called a sideswipe. This usually happens when a driver changes lanes without noticing a nearby car.
10. Speeding Accidents: These car accidents are high-speed crashes characterized by vehicles traveling at excessively fast speeds. They result in severe impacts and are more likely to lead to significant injuries and damage.
11. Commercial Vehicle Accidents: These motor vehicle accidents involve larger vehicles such as trucks and buses, accidents of this nature can cause significant damage and injuries due to the size and weight of the vehicles involved.
12. Intersection Accidents: These auto accidents occur within or around intersections, often due to failing to obey traffic signals, speeding, or distracted driving.
13. Highway Accidents: These car crashes are highway accidents that involve collisions on high-speed roads, resulting from speeding, congestion, and less reaction time. These accidents can range from minor to severe, involving different types of vehicles and causing more damage compared to accidents on local roads.

Each type of auto accident has specific risk factors and potential outcomes, making it essential for drivers to remain vigilant, follow traffic laws, and practice safe driving habits to minimize their chances of being involved in a car crash.

Common Causes of Auto Accidents

The most common causes of car accidents stem from a mix of human error, environmental conditions, and vehicle malfunctions. Here’s a list of the most common causes of car accidents.

1. Distracted Driving: Engaging in other activities while driving, like texting, using a phone, eating, or adjusting the radio.
2. Speeding: Exceeding the speed limit or driving too fast for conditions, reducing the driver’s ability to react to obstacles or hazards.
3. Drunk Driving (DUI): Operating a vehicle under the influence of alcohol, impairing judgment, reaction times, and motor skills.
4. Reckless or Aggressive Driving: Aggressive driving behaviors including tailgating, changing lanes without signaling, and disobeying traffic signs or rules. “Road rage” is a form of aggressive driving characterized by intentional acts of aggression.
5. Weather Conditions: Rain, snow, ice, fog, and other weather conditions can reduce visibility and road traction, leading to accidents.
6. Running Red Lights and Stop Signs: Failing to stop at traffic signals or signs, causing collisions at intersections.
7. Night DrivingReduced visibility at night increases the risk of accidents, particularly for accident victims who may be navigating the roads less securely. A San Antonio car accident attorney can assist in these scenarios to ensure rightful compensation.
8. Vehicle Defects: Mechanical failures, such as brake failure or tire blowouts, can lead to loss of control and crashes.
9. Wrong-Way Driving/Improper Turns: Entering a road or highway in the wrong direction, or making incorrect or unsafe turns.
10. Teen Drivers: Inexperience combined with risky driving behaviors contributes to a higher rate of accidents among young drivers.
11. Tailgating: Following too closely behind another vehicle, leaving insufficient stopping distance.
12. Driving Under the Influence of Drugs: Similar to drunk driving, impairment due to drug use significantly increases the risk of accidents.

Many car accidents can be mitigated by attentive driving, adherence to traffic laws, and regular vehicle maintenance, highlighting the importance of responsible driving practices to ensure road safety.

Common Car Accident Injuries

Researchers conducted a study involving 730 participants, which revealed that car occupants were more prone to abdominal and spinal cord trauma, while motorcyclists suffered more craniocerebral injuries (traumatic brain injuries or TBI) or pelvic injuries in pedestrians. This study was conducted by Markogiannakis H, Sanidas E, Messaris E, et al. and published in the Emergency Medicine Journal in 2006 (23:27-31).

The study emphasizes the need for specific safety interventions for different groups to lower their injury risks. Motorcyclists wearing standard-compliant helmets can significantly decrease their risk of traumatic brain injury. Likewise, better vehicle safety for occupant protection and improved pedestrian crosswalks and awareness can reduce substantially severe injury risks in accidents.

The most common auto accident injuries range from minor to severe, depending on the crash’s nature, speed, and circumstances.

Below is a list of automobile accident injuries frequently reported.

1. Fatality (or Wrongful Death): A fatality refers to a death caused directly by a crash, either at the scene or later from accident-related injuries. Some fatalities due to another’s negligence or misconduct, including in car accidents, are legally classified as wrongful deaths.
2. Whiplash: Neck injury due to rapid back-and-forth movement, common in rear-end collisions.
3. Head and Traumatic Brain Injuries (TBIs): Traumatic Brain Injuries (TBIs) or head injuries refer to any damage to the brain caused by an external force.
4. Concussion: A concussion is a mild type of traumatic brain injury (TBI) caused by a bump, blow, or jolt to the head, or by a hit to the body that causes the head and brain to move rapidly back and forth.
5. Back and Spinal Cord Injuries: Injuries to the spine can lead to chronic pain or paralysis in severe cases, and accident victims in these situations require the expertise of a law office specialized in handling such complex matters.
6. Broken Bones: Fractures can occur in any part of the body but are commonly seen in the arms, legs, ribs, and collarbone.
7. Cuts, Lacerations, and Punctures: Sharp objects, glass, or metal can cause cuts, lacerations, or punctures.
8. Bruises and Contusions: Blunt trauma can lead to significant bruising and tissue damage.
9. Internal Injuries (Vital Organs): Damage to internal organs (i.e., the stomach) or internal bleeding, often resulting from forceful impact.
10. Burns: Fires, explosions, or hot surfaces and fluids can cause burns ranging from mild to severe, often in truck accident scenarios. Victims of these accidents should seek immediate counsel from an experienced attorney to protect their rights.
11. Soft Tissue: Damage to muscles, tendons, and ligaments, often resulting in pain and swelling.
12. Amputations: A traumatic loss of a limb or part of a limb as a direct result of the crash impact or complications necessitating surgical removal.
13. Leg and Arm: Common leg and arm injuries from car accidents include fractures, dislocations, sprains, and traumatic amputations due to the force of impact or being crushed.
14. Psychological Trauma: Car accidents can lead to emotional distress, anxiety, PTSD, and depression.

Immediate and appropriate medical attention is crucial for all injuries, as some may not be immediately apparent.

What To Do After a Car Accident?

After a car accident, taking the right steps can help ensure everyone’s safety, comply with the law, and facilitate the insurance claim process.

Here’s a 10-step checklist to follow after a car accident.

1. Check for Injuries: First, check yourself and others for injuries. Do not attempt to move anyone injured unless absolutely necessary.
2. Move to Safety: If the accident is minor and there are no serious injuries, move vehicles to the side of the road, if possible, to avoid blocking traffic.
3. Call 911: Report the accident to the police and request medical assistance if there are any injuries.
4. Exchange Information: Swap contact and insurance details with the other driver(s), including names, phone numbers, addresses, license plate numbers, and insurance policy numbers.
5. Document the Scene: Take photos of the accident scene, including all vehicles involved, any visible damage, and relevant road signs or conditions.
6. Witnesses: If there are witnesses, get their contact information as they may help in the insurance claim or legal process.
7. Report to Insurance: Notify your insurance company about the accident as soon as possible to start the claim process.
8. Seek Medical Attention: Even if you feel fine, seeing a doctor after an accident is wise since some injuries might not be immediately apparent.
9. Keep Records: Document all medical treatments, repairs, and communications with insurance companies related to the accident.
10. Consider Legal Advice: If there are disputes about fault or you suffer significant injuries, consulting with an attorney can help protect your rights.

Following these steps can help manage the aftermath of a car accident and help protect your legal rights if you need to file a personal injury claim to receive compensation for your loss.

Should I Talk to an Insurance Adjuster after an Accident?

The short answer is “No,” and here’s why.

Following a car accident, it is advisable to proceed with caution before speaking to insurance adjusters, whether they belong to your insurance company or the other party’s. The primary goal of insurance adjusters is to protect their company’s financial interests, which may entail reducing compensation or settling claims quickly, but inadequately. This is particularly true if you have sustained severe injuries or require ongoing medical care. Therefore, it is essential to be cautious and consult an attorney before accepting any offers made by insurance adjusters.

It’s a good idea to consider speaking with a car accident attorney before taking any further action. With legal representation, you can avoid potential pitfalls by having your lawyer handle communications with insurance companies on your behalf. Once you have an attorney, insurance adjusters are typically required to communicate with your lawyer for any discussions regarding your claim, which can provide you with an extra layer of protection and advocacy.

In Texas, speaking to an adjuster without legal advice could compromise your claim. Hiring a car accident lawyer can prevent mistakes such as admitting fault or accepting an inadequate settlement. It can help you secure fair compensation, particularly for accident victims who may not be familiar with the intricacies of accident law and how to effectively file an accident report.

When you hire a personal injury lawyer, they will handle all communication with the insurance adjusters on your behalf.

Do I Have a Personal Injury Case?

Determining if you have a personal injury case following a car accident involves several key considerations.

Below are primary factors that help assess whether you’re entitled to compensation for your injuries and losses.

• Another party’s negligence caused the accident.
• You have documented injuries and financial losses.
• The injuries and losses are directly linked to the accident.
• Consulting a personal injury attorney for case assessment is advisable.

How Much Is My Case Worth?

Evaluating the worth of a personal injury case after a car accident involves several factors that can significantly influence the final compensation amount.

The factors below will affect the value of your personal injury claim.

• Factors Influencing Case Value:
  • Severity of injuries and their impact on your life.
  • Location of the accident and the applicable laws.
  • Insurance coverage limits and the at-fault party’s conduct.
  • Economic damages (e.g., medical bills, lost wages) and non-economic damages (e.g., pain and suffering).
  • Potential future medical expenses.
• Texas’s Modified Comparative Negligence Rule: Compensation may be reduced by your percentage of fault in the accident. However, you can still recover damages if you’re partially at fault.
• Proving Negligence and Damages: Compensation eligibility requires proving another party’s negligence caused tangible injuries. This encompasses physical injuries, mental distress, and property damage.
• The Experience of Your Personal Injury Lawyer: An experienced personal injury lawyer can help increase the compensation you receive for your claim. They can accurately assess damages, prove liability, navigate comparative negligence laws, and represent you effectively in court, all of which can result in a higher settlement or award.

Each case’s value is unique, influenced by its specifics and mitigating factors. Consulting with experienced personal injury attorneys, like those at Trevino Injury Law, can provide clarity and help secure the maximum entitled compensation. Our expertise ensures you’re prepared for the settlement process or going to trial, maximizing your claim’s outcome.

Party Liability: Who Can Be Held Responsible For My Car Crash?

In the state of Texas, the driver who causes a car accident is held responsible for the damages. However, determining who is at fault can be a complicated process that requires the assistance of an experienced law firm. It’s important to note that responsibility for an accident may not always be attributed to a single driver.

Multiple parties may share the blame, or a completely different party, such as a road maintenance crew or car manufacturer, may be accountable. Our team of personal injury lawyers is always ready to help you identify all potential contributors to your recent car accident, ensuring a thorough approach to seeking compensation.

How Long Do I Have to File a Personal Injury Claim in Texas?

In Texas, there is a law called the statute of limitations, which gives you two years from the date of your injury to take legal action against those responsible. This is outlined in section 16.003 of the Texas Civil Practice & Remedies Code.

It’s important to be aware of this deadline because if you fail to file a lawsuit within the two-year timeframe, the courts will not consider your case, and you will lose the opportunity to claim compensation for your injuries.

The clock starts ticking on the day the cause of action accrues, which means the day the injury occurred, or the day you discovered the property damage. While there are some exceptions to the two-year rule outlined in other sections of the code, two years is the standard for most personal injury claims in Texas.

Do I Need to Hire a San Antonio Car Accident Lawyer or a Personal Injury Lawyer?

After an accident, you are not obligated to hire a personal injury lawyer, whether for a car accident, truck accident, or motorcycle accident. However, doing so can provide multiple benefits, such as avoiding interactions with insurance companies and navigating the legal process on your own.

Additionally, hiring a personal injury lawyer can lead to larger settlements for those who have suffered injuries due to someone else’s negligence. A 1999 study conducted by the Insurance Research Council (IRC) found that individuals whom a personal injury lawyer represented received settlements that were approximately 3.5 times higher than those who chose to represent themselves.

Therefore, a personal injury lawyer can help you get fair compensation and navigate legal complexities after a car accident.

Here are several benefits of hiring a personal injury lawyer.

• Navigating Insurance Negotiations: Attorneys are adept at dealing with insurance companies, countering the tactics used by adjusters to minimize your payout. Their expertise ensures you aren’t pressured into accepting a settlement that doesn’t cover your losses.
• Assessing Your Claim: A skilled lawyer can determine the viability of your case, advise on the best course of action, and inform you about relevant statutes of limitations, ensuring you don’t pursue a claim unlikely to succeed.
• Evidence and Injury Proof: Lawyers excel at gathering crucial evidence and constructing a compelling case to substantiate your injuries and their link to the accident, which is crucial for proving your claim.
• Calculating Claim Value: Beyond immediate losses, attorneys factor in long-term effects, pain, and suffering, accurately estimating your claim’s total value to fight for comprehensive compensation.
• Expert NegotiationWith seasoned negotiation skills, personal injury lawyers can advocate for a fair settlement, often achieving better outcomes than accident victims might on their own. This is particularly true in cases involving injured in a car where legal expertise can make a significant difference.
• Courtroom Representation and Trial Strategy: If negotiations fail, an experienced attorney can adeptly represent your interests in court, presenting a solid case for a jury and navigating trial complexities to your advantage.
• Protecting Your Claim: Lawyers help you avoid statements or actions that could undermine your case, ensuring you don’t inadvertently damage your chances of a successful outcome.
• Maximizing Compensation: With an in-depth understanding of the law and a comprehensive approach to your losses, a lawyer can identify all potential areas for compensation, including aspects you may have yet to consider.

Opting to work with a personal injury attorney can significantly increase your chances of receiving the compensation you rightfully deserve. It also offers peace of mind during your recovery, knowing that your case is being handled by a legal expert.

How Long Will It Take to Settle My Personal Injury Case With a Car Accident Attorney?

The time it takes to settle a personal injury claim if you’ve been injured in a car accident in Texas can vary widely, depending on several factors. Generally, it might take anywhere from a few months to several years.

Key factors that influence the timeline include:

Complexity of the Case: More complex cases, especially those involving severe injuries or disputed liability, tend to take longer to resolve.

Extent of Injuries: Claims typically aren’t settled until the full extent of the victim’s injuries is known, and they’ve reached maximum medical improvement (MMI). This ensures the settlement covers all medical expenses and damages.

Negotiation Process: The length of negotiations between your attorney and the insurance company can also affect the timeline. Willingness to negotiate and reach a fair settlement can expedite the process, while disputes over fault and damages may prolong it.

Litigation: If a settlement cannot be reached and the case goes to trial, the process can extend significantly, due to court schedules and legal proceedings.

While some straightforward cases can be settled in a matter of months, more complicated cases that go to trial can take several years to reach a conclusion. Working with a skilled personal injury attorney can help navigate these variables and work towards a timely and fair resolution.

If I’m Involved in a Truck Accident or 18-Wheeler Accident, Will an Auto Accident Attorney Be Able to Protect and Preserve My Accident Case?

Yes, a car accident lawyer, which is a personal injury lawyer, can help you with your truck accident case. However, you need to pick an experienced car accident lawyer with experience in handling 18-wheeler accidents, like the auto accident lawyers at Trevino Injury Law.

Will My Personal Injury Claim Go to Trial If I Hire a Law Office?

Whether your personal injury case will go to trial largely depends on the specifics of your situation, with the majority of cases being settled before reaching the courtroom. Here are some key points to consider:

• High Settlement Rate: It’s estimated that over 90% of personal injury cases are settled out of court. This means that your case has about a 10% chance of going to trial. Factors encouraging settlement include the defendant’s insurance company recognizing the potential success of a lawsuit in court, the cost-effectiveness of settling versus going to trial, and the settlement offer being close to what could be awarded at trial.
• Reasons for Trial: Cases may go to trial if the defendant believes they can win, the insurance company wishes to avoid setting a precedent by settling, the plaintiff’s settlement demand is considered too high, or the plaintiff seeks to hold the defendant publicly accountable.
• Determining Factors: The decision to settle or proceed to trial examines the extent of the plaintiff’s injuries, medical costs, lost wages, and other damages, alongside the plaintiff’s personal circumstances such as age and family situation, which could influence a jury’s sympathy.
• Considerations for Trial: The unpredictability of jury decisions, potential partial fault of the plaintiff, insufficient evidence, and the comparative costs of trial versus the claim’s value all play a role in the decision-making process. An experienced attorney will weigh these factors carefully before advising on whether to accept a settlement or go to trial.

When it comes to personal injury cases, it’s important to work alongside a knowledgeable lawyer who is a skilled negotiator and experienced in trial proceedings. This will help you navigate the complexities of your case and strive for the most favorable outcome, whether that be through a settlement or trial.

How Much Do Car Accident Lawyers Charge?

There are no upfront fees to hire a car accident lawyer. In Texas, personal injury lawyers commonly work on a contingency fee basis, meaning their fees are a percentage of the settlement or judgment you receive if you win your case. This percentage varies, but it typically ranges from 35% to 45% of the recovered amount. In other words, clients pay nothing unless we win your case, a reassurance that encourages accident victims to seek a free consultation from our law office without financial burden.

The specific percentage can depend on the complexity of the case, whether the case is settled before going to trial, or if it proceeds to trial or even appeal. If your case involves an auto accident, consulting an experienced car accident attorney can provide valuable guidance throughout this process. Some lawyers may adjust their fees based on these factors, and there might also be additional costs for things like court fees, document fees, and expert witness fees. It’s important to discuss all these details upfront with your attorney to understand the complete fee structure.

San Antonio Car Accident FAQs

How Many Car Accidents Does San Antonio Have a Year?

San Antonio had 39,355 (which includes 199 fatalities) according to the Crashes and Injuries by Cities and Towns Report (2022) published by the Texas Department of Transportation.

What Are the Most Dangerous Intersections in Bexar County?

• Braun Road and Loop 1604
• Bandera Road and Loop 1604
• I-10 and Loop 1604
• Ingram Road and Loop 410
• Loop 1604 and San Pedro Ave
• Loop 410 at Rigsby Ave
• Culebra Road and Loop 410
• Loop 410 and Marbach Road
• Loop 410 and West Ave
• Culebra Road and Loop 1604
• Highway 151 and Loop 410
• Loop 1604 and Highway 281
• Loop 410 and San Pedro Avenue
• IH 35 and Walzem Road
• State Highway 151 and West Military Drive
• Alamo Ranch Parkway and Westwood Loop
• Loop 410 and Old Seguin Road

What Court House Serves Car Accident Lawsuits That Happen in San Antonio?

Personal injury lawsuits for accidents happening in San Antonio would be filed in the Bexar County Courthouse.

Contact Our Experienced San Antonio Car Accident Law Firm Today

Car accidents can be complex and overwhelming, but Trevino Injury Law can help. We have expert knowledge of Texas traffic laws and the legalities surrounding compensation. Our team can guide you through the aftermath of a crash, including medical evaluations and interactions with insurance adjusters.

At Trevino Injury Law, our extensive experience and successful track record help you get the most out of your claim. It’s essential to act quickly, so we encourage you to contact us as soon as possible for assistance and representation in your personal injury case. Call us today for a free consultation at  (210) 873-8466.