Car Accidents

Understanding A Car Accident Personal Injury Case

Contrary to popular belief, not all car accident allegations result in a trial. In fact, a San Antonio car accident attorney may frequently negotiate with the opposing side to obtain a fair settlement that compensates you for your injuries. However, no matter how far litigation on behalf of a personal injury claim progresses, certain elements will always be present in every car accident case involving liability, carelessness, and comparative fault.

Liability

Liability is another important consideration in a car accident claim. That’s why, just as with other personal injury claims, our personal injury attorneys will urge all drivers to avoid accepting any responsibility for an incident due to this key aspect. Car accidents may appear to be limited solely to the bad behavior of the drivers involved in the collision. However, there are certain circumstances where third-party defendants may play a role. These third-party defendants might include:

• A driver’s employer
• A vehicle parts manufacturer
• Construction companies
• And more

There are several potential causes for these types of incidents, which is why working with a San Antonio car accident lawyer can help you get the compensation you deserve. Determining responsibility is critical for these personal injury claims and sets the tone for the rest of the case.

Negligence

Negligence is often a factor in many vehicle accidents, and it is the key component in many personal injury claims. You must establish the following things in order to win your case:

• The at-fault party had a duty to use reasonable caution on the road
• The at-fault party failed to meet that duty
• The careless activity of the at-fault party contributed to an injurious car accident
• You suffered an injury as a direct result of negligent behavior from the at-fault party

Comparative Fault

The standard comparative fault principle used in the Texas courts to determine the level of negligence in a vehicle accident is modified. Anyone who has been hurt as a result of another driver’s negligent conduct may file a claim; nevertheless, the amount of blame assigned to each motorist might reduce the total compensation paid out. This rule could come into play during your personal injury case whether you negotiate or settle out of court; a car accident attorney in San Antonio will be able to assist you to understand your options and choose the best route forward for optimal compensation.

San Antonio Car Accident Statistics & Common Causes

According to the 2020 Texas Motor Vehicle Crash Statistics report by the Texas Department of Transportation (TXDOT), there were a total of 364,357 collisions in Texas. Of those, 1,905 resulted in fatalities for 2,041 people, and 7,777 caused major injuries to 9,107 people. Furthermore, around 19% of incidents involved probable or possible injuries: 68,472 crashes led to potential injuries for 106,236 individuals. The most common causes of car accidents in San Antonio that have been reported by the police are:

• Failure to control speed
• Failure to drive in a single lane
• Changed lane when unsafe
• Following too closely
• Failure to yield right of way turning left
• Disregard of stop and go signal
• Faulty evasive action
• Unsafe speed

Common Injuries From Car Accidents In Texas

Injuries caused by a major car accident can have a significant impact on your life. Injurious and immobilizing injuries may not only influence the injured person but also his or her family members. Believe it or not, even minor problems that need medical treatment might result in missed income and hurt a household’s financial stability. The following are some of the most frequent injuries associated with car accidents in Texas:

• Back injuries
• Whiplash and neck injuries
• Bone and joint injuries
• Traumatic brain injuries
• Knee damage
• Loss of limbs
• Spinal injuries
• Head injuries
• Mental distress
• Paralysis
• Wrongful death

Car Accident Damages In San Antonio

Your insurance company, or the insurance company of another driver, may offer to pay for damages or injuries. Before you decide to accept payment from an insurance company, especially when serious medical injuries have occurred, please consult with our San Antonio car accident lawyer. There is no cost for this free case review and you might receive financial compensation for property damage and physical injuries.

Statutes Of Limitations After A Car Accident In San Antonio

If you have been in a car accident, you should contact a San Antonio car accident attorney and file a personal injury claim right away because there is a time restriction on bringing legal action.

The “statute of limitations” is a rule that restricts the amount of time that someone has to sue an at-fault party after an accident occurs. The statute of limitations for personal injury claims, including car accidents, in Texas is two years after the date of the accident. This means you must file a lawsuit within two years after the day your automobile wreck occurred if you are unable to settle your car wreck claim.

Exceptions to the Statute of Limitations

Although uncommon, there are exceptions to the two-year statute of limitations for car accident claims, which can extend the time to file a lawsuit. The following are some of these situations:

• There has been an accident involving a child. The statute of limitations is paused in such circumstances–otherwise known as “tolled”–until the child reaches the age of 18.
• You are both mentally and physically impaired. In some situations, a person who has been injured severely may be so physically or mentally incapacitated that he or she is unable to bring a lawsuit within two years of the accident. In these cases, the statute of limitations may be tolled until the plaintiff is able to do so.
• You only learn of the other party’s mistake after the fact. The “discovery rule,” which is a type of equitable exception to the statute of frauds, is another circumstance in which the two-year statute of limitations begins only when a person becomes aware that the opposing party was at fault for their claim.

Frequently Asked Questions

How Do I Obtain A Police Report After A Car Accident?

Obtaining a copy of the police report for your car accident in San Antonio is quite simple. After your accident, be sure to contact the police so that someone can come to the scene of the collision. The officer who responds should provide you with a document bearing an identification number. Next, call the local police department and give them the number to receive your report. If you haven’t been given a receipt or if you’ve misplaced it, you may also request a copy of your police report by providing the date, time, and place where your vehicle wreck took place. 

You may be charged a modest fee to obtain your statement, but don’t let that discourage you–this document might be critical in establishing fault and obtaining compensation for your vehicle accident.

What If I’m Partly At Fault In A Car Accident?

Texas is a modified comparative negligence state. This means the amount of compensation you receive decreases by the percentage of responsibility you take. For example, if your damages are $100,000 but a jury finds you were 25% responsible for the accident, you will be compensated no more than $75,000. If you were more than 50% at fault, you would not be able to seek compensation. It’s important that you speak with a skilled and experienced car accident attorney in San Antonio who can review your case and help you determine the best path forward.

Contact A San Antonio Car Accident Attorney Today

If you or a loved one has been in a car accident, it’s critical to safeguard your legal rights as soon as possible. If no action is taken immediately, photographs may be lost, and memories may fade with time. Furthermore, comments made to the other motorist or insurance firms may reduce the amount of money you might receive without expert assistance. If you or a loved one were in a vehicle accident in Texas, contact our San Antonio car accident attorney at The Law Offices Of J. Robert Davis for a free consultation.