Why Do You Need A San Antonio Car Accident Lawyer After A Car Wreck?
If you have been hurt in a car accident in San Antonio, you do not want to worry about the legal process and you can focus on your recovery. Following an accident, you should contact a San Antonio Car Accident Lawyer. Even if the accident is minor, this is important because you want to ensure you have coverage for damages and injuries if necessary.
In most accidents, regardless of whether there are injuries or severe damage, it’s a good idea to contact the police from the scene of the crash. You must also collect a copy of the police report if possible. However, not all cases require you to contact the police by law. You do not have to contact the local police in most circumstances if:
- There are no injuries or deaths
- The car can be safely driven from the crash site
However, it is important to be cautious. Sometimes, injuries become worse over time. You may not feel hurt immediately after the accident even if you have incurred serious injuries. Due to the adrenaline rush following a crash, many people do not feel pain until later.
Some people simply ignore the problems until it is too late. You must speak to a San Antonio Car Accident Attorney to know when it’s appropriate to file a lawsuit against the party at fault.
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What Kind Of Damages Do San Antonio Car Accident Victims Commonly Face?
When a person files a personal injury case, they may be eligible to receive compensation for many different types of losses. The following are some of the losses and damages for which a claimant could potentially receive compensation:
- Medical treatment expenses: The most obvious costs are those associated with medical treatment. These include hospital and specialist fees, as well as many other types of medications and therapies. If you require surgery or other procedures, you can receive damages for those, as well.
- Loss of earnings: As a result of your accident, you may have to change jobs or stay home for months because you are unable to work. Often following a serious injury caused by an automobile accident, you might have trouble adapting to the work you did previously. You may even be entitled to damages for the money you could have earned.
- Loss of enjoyment: Sometimes, you can even get damages for unhappiness. Depression and boredom may set in, and your injury or accident may change you deeply as a person. If you no longer enjoy things you once loved, you may be entitled to damages.
- Pain and suffering: If you are suffering from severe aches and pains or ongoing discomfort, you should seek assistance to try to obtain compensation for your pain and suffering.
- Property damage: This refers to damage to your vehicle, as well as other objects damaged in the accident. You may be eligible for compensation for any items that became damaged or lost in the crash.
- Emotional distress: Overall, a car accident can be very traumatizing. Following severe accidents, some people may develop stress-related disorders and conditions. Other psychological issues may also arise. These problems may be able to justify compensation for emotional distress.
Car accidents can cause catastrophic injuries and severe accidents. Even in minor cases, car collisions may have serious repercussions. Therefore, it is essential to act quickly. If you or someone you know has suffered a personal injury, take guidance from a competent San Antonio Car Accident Lawyer.
Different Types Of Car Accidents In San Antonio
The following types of car accidents may result in personal injuries:
- Hit-and-run car accidents
- Head-on collisions
- Rear-end collisions
- Single-vehicle crashes
- Commercial vehicle accidents
- Drunk driving crashes
- Sideswipe collisions
- Accidents involving bicycles
One of the main reasons car accidents occur is because other drivers do not know how to travel safely or share the road with them. It is safe to say that most car crashes occur due to the negligence of other motor vehicle drivers.
What Evidence Is Required To Prove Car Accident Claims In San Antonio?
You must gather evidence that may include the following:
- Accident reports
- Statements from eyewitnesses
- Video footage from CCTVs near the scene of the accident
- Medical records
- Reports of medical tests and scans
- Photographs of the accident
A San Antonio Car Accident Attorney will help you gather evidence who have been injured in all types of car accidents. If your case is viable, they will take it on and work hard to get you the compensation you deserve. They understand that you deserve to receive reimbursement for all loss and peace of mind to recover from the tragedy completely.
Do’s and Don’ts after facing a car crash
| Do’s | Don’ts |
| Do check your injuries. | Don’t attempt to move anyone who has a severe head, neck, or back injury. |
| Do try to control the bleeding, if any. | Don’t start playing the blame game, either verbally or physically. |
| Do call for help. | Don’t accept on-the-spot settlements provided by the insurance adjusters. |
| Do park your vehicle at the side of the road. | Don’t try to run away from the accident scene. |
| Do click pictures of the accident scene and take notes of the collision. | Don’t post anything on social media. |
How To Prove Negligence In A Car Accident Case?
Personal injury law is an area of civil law, and it covers others’ intentional acts and negligence. Negligence refers to an individual’s unreasonable actions that violate a duty of care.
Negligent drivers are typically speeding, driving unsafely, or doing other risky things while on the road. There are many ways a driver can be negligent. Proving negligence, however, is not always easy.
There are certain elements that make a personal injury case more viable.
- Breach of duty: This term refers to a duty to act as a reasonable person would under the same circumstances. We all have duties to others to which we must adhere. Different jobs have different responsibilities. When a driver is negligent, it means they are not operating the vehicle as a reasonable person would. For instance, a reasonable driver would not exceed the speed limit by 30 mph on an icy road. This would be a breach of their duty.
- Injury: Sometimes, an accident does not actually cause an injury. In a car crash, a claimant must demonstrate that the accident caused real damage. In some cases, people fake injuries to try to get money. The doctors and hospital staff may be very helpful in this area.
- Hazard: A hazard is an unsafe or dangerous condition. It may be a person, place, or thing. For instance, a wet spot in a store could be a hazard on which somebody could fall or slip. A violent dog off its leash may be a hazard. Negligent drivers can pose risks as hazards, too.
- Accident: A hazard must be linked to the accident to prove a personal injury. Did a speeding vehicle lead to an accident? Did a drunk driver crash into another car? If you can’t prove that the hazard led to the accident, you can’t prove your case.
To prove that another driver is at fault, a San Antonio car accident lawyer will examine all aspects of the case. Evidence from the scene of the accident is crucial. Other experts may offer their analysis to help build a personal injury case. Multiple elements must be linked to prove a personal injury.
Full Tort Vs. Limited Tort
When choosing your car insurance, you have two choices:
- Full Tort: In full tort option, you have the right to get recovery of your pain and suffering. There is no threshold in full tort insurance; you can get reimbursement for minor injuries as well as more serious injuries.
- Limited Tort: In limited tort insurance, you cannot recover from your pain and suffering. An individual would need to show evidence that their personal injury was caused due to permanent disability or severe impairment, or has resulted in wrongful death.
There are exceptions to limited tort. You have an opportunity to convert the limited tort insurance to full tort insurance. Limited tort insurance can be converted to full tort when the other driver was driving a vehicle registered outside of Texas or was driving under the influence. In these situations, you can switch to the full tort option.
Whether you choose limited tort or full tort, you may be able to obtain monetary help for your economic losses, including property damage, medical bills, and lost income.
Uninsured Motorist (UM) And Under-Insured (US) Motorist Coverage
Many drivers do not have insurance, or they may buy coverage from insurance companies that provide inadequate coverage. If you want to protect yourself and your family members, then you can purchase both uninsured and underinsured motorist coverage.
Suppose you got injured in a hit-and-run accident and the driver is unidentified. In this case, then uninsured motorist coverage can help you. In the case when the accident has been caused by an uninsured driver, you are asking your insurance company to pay for all the damages against you.
However, in this case, you would also need to prove that the accident has been caused by the negligence of the other party. In addition to this, you need to prove that the other party was uninsured.
All auto insurance policies in Texas include Personal Injury Protection (PIP) coverage. With underinsured motorist coverage, a driver does not have enough to pay for the car repair bills and other medical expenses. This also applies with hit-and-run accidents.
Car Accident Statistics In Texas
If we look at the motor vehicle crash (MVC) death rates per 100,000 people in Texas between the year 2015 to 2019, it is nearly 13.5. This is greater than that of the United States as a whole, at 11.7. Motor vehicles include cars, buses, trucks, and other vehicles.
The MVC death rate per 100,000 people for females is nearly 7.7 in Texas. For males in Texas, the rate is 19.5. The age group MVC death rate is highest in the 74 to 85 year age group, and the minimum death rate is for those who are 5 to 14 years old 2.6.
Data from the Texas Department of Transportation (TXDOT) revealed a staggering 15.22% increase in Deaths in 2021 compared to the 3,896 fatalities reported for 2020.
A quick look at the individuals who suffered severe injuries in 2021 reveals 19,448 cases; while 15,764 of those were from serious accidents crashes. Additionally, Texas had an estimated 288 billion miles traveled during 2021—a noticeable increase from 2020’s 260 billion annual miles.
How Can A San Antonio Auto Accident Lawyer Guide You?
Legal representatives can offer many benefits for those who have been involved in accidents. One of the main advantages of hiring an experienced legal counselor is assistance in dealing with insurers. Dealing with insurance companies can get tricky, and many insurance agents will work very hard to reduce your compensation.
There is a high likelihood that an insurer might not receive or accept your claim. Therefore, speaking with an experienced law firm is necessary.
In some cases, accidents result in severe injuries such as brain injuries, neck injuries, limb injuries, broken bones or fractures, spinal cord injuries, amputation, surgeries, or even wrongful death.
There are different rules and regulations in personal injury law that must be followed closely. Legal professionals know how to apply these laws to prove the other party’s fault. They will ensure that all paperwork and evidence are filed within the necessary deadlines.
A San Antonio Personal Injury Lawyer can determine the amount of compensation you should seek based on the following:
- Medical bills and accident costs
- Expected future medical bills
- Losses in income (past, current, and future)
- Decline in wages due to inability to work
- Impact on your life due to pain and suffering
Be sure to file your claim within the statute of limitations. The time frame within which you must file a car accident claim is 2 years from the date when the accident took place. If you file a complaint after this period, you may lose all rights to compensation.
Contact An Experienced San Antonio Accident Law Firm Today!
Personal injury lawyers will consider all the factors at play in order to determine what kind of damages you can pursue as an accident victim. If you need assistance with your car accident case, you should contact a San Antonio Car accident attorney at Khattar Law, PC.
Professionals at Khattar Law, PC, can stand by your side throughout the entire legal process and help you pursue compensation for your losses. Schedule a free case review today to get started.
San Antonio Car Accident FAQ
Q. What if my insurance company refuses to compensate me for my car accident fairly?
When your insurance company refuses to pay you for your car crash or you have been receiving unfair treatment, you may file a complaint with the state insurance commissioner. The Texas Department of Insurance is responsible for handling all insurance company complaints. You will need to have details of all your interactions with the insurance company. It will serve as evidence. In complex cases, you can also seek legal advice.
Q. What happens if I am hit by an undocumented driver? Can I still file a claim?
When an undocumented immigrant causes an accident and is at fault, they, along with their insurance company, will be liable for compensation. It comprises payment for medical bills, property damage, and pain and suffering.
Q. I was not wearing a seat belt at the time of the crash. What happens now?
Wearing seat belts while the vehicle is in motion is a precautionary measure that must be taken. It is both good common sense and the law. If a driver is not wearing a seat belt when an accident occurs, the insurance company may use this point against the individual in the negotiation phase. It may also reduce any award of compensation. Drivers and passengers should always wear protective measures such as seatbelts while driving.
Q. What is the three-second rule in driving?
The three-second rule is an easy way to estimate if a driver is following another car too closely. It suggests that the amount of space between a car and the vehicle ahead should be at least three seconds. This provides enough time to react and brake safely in case of an emergency. In Texas, it is against the law to drive too close to the vehicle in front of you and failure to follow this rule could result in a citation.
Q. If the airbag in my car didn’t deploy, do I have a case?
It is possible that you may have a case if your airbag didn’t deploy in an accident where it should have. It is essential to investigate why and how the airbag failed to deploy and whether any defects or negligence played a role in the malfunction. If you believe that there was a defect or negligence involved, you can file a lawsuit and seek compensation for any damages that occurred as a result.
