San Antonio Car Accident Lawyer
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A car accident in San Antonio can happen at any time and completely turn your world upside down. Not only can a car crash leave you with pain and suffering, costly medical bills and property damage, it can also leave you with lost income, and more. If you or someone you love has been involved in an auto accident, you may be entitled to receive compensation for injuries and damages. But don’t delay: There is a legal time limit (statute of limitations) on filing a claim.
With experienced car wreck lawyers from Zinda Law Group on your side, you can focus on recovery while our attorneys handle the legal process for you. We will work hard on your behalf to seek the compensation you deserve.
What to Do After a Car Accident?
1. Seek Medical Attention
No matter how well you may feel after a car accident, be sure to go to the hospital and see a doctor. In many car accident cases, victims do not immediately feel the full extent of their injuries because of the adrenaline that rushes into their bloodstream after the accident. Because the adrenaline masks their pain, these victims may not feel their injuries until weeks later.
If such a victim decides to file a claim against the driver responsible for their injuries once they start feeling pain, however, the driver’s insurance company may argue that the victim is lying or faking his or her injuries because the victim did not immediately go to the hospital to seek treatment. Do not put yourself into this predicament. Visit the doctor immediately after a car accident.
2. Document the Accident
When you file a car accident claim, you have the burden of proof to show that the other party was negligent. This means that you must present evidence that the negligent party was indeed negligent. To prove your case, you must substantiate your claim with evidence. Evidence can be photographs, medical bills, witness statements, and the like.
Be sure to always document and retrieve evidence from the scene of the accident. In a car accident, the police will generally write a report of the accident. This report often determines who was at fault. Be sure to get the name, address, license number, plate number, and insurance information from all the drivers involved in the accident. Also, if a driver involved in the accident was driving for an employer at the time of the accident, you should obtain the name and contact information of the driver’s employer as well.
Witness testimony is often very important in car accident cases. If there were witnesses to the accident, you should also get the names and contact information of the witnesses. If any of the witnesses took photographs or video recordings of the accident, ask them for copies. If you yourself have a camera at the scene of the accident, take some photographs of the scene.
3. Keep Receipts and Invoices
You should keep and document any costs that arise from the car accident. For instance, you should document any medical bills. If, as a result of the car accident, you cannot work, you should retrieve paystubs and the like to show how much “lost wages” you incurred.
4. Notify Your Insurance Company
Regardless of whose fault the accident is, you should always contact your insurance company, as your insurance company may be able to give you some relief. However, do not make the mistake of signing any settlements or any other paperwork you do not understand. Settling with insurance may make it impossible for you to seek any additional compensation that you may be entitled to.
Car accidents can range in severity and involve automobiles, trucks, motorcycles, or even bicycles. Auto accident injury claims demand a tough and dedicated injury lawyer.
Our lawyers handle a wide range of claims including:
According to statistics from the Texas Department of Transportation, San Antonio can be a very dangerous place to drive, as there were more than 43,000 automobile accidents in San Antonio in 2017. These accidents caused over 6,000 injuries, as well as 143 deaths. Most of these fatal accidents occurred on city streets, while highways and interstates comprise most of the remainder. Many of these accidents occurred on Interstate 35, Loop 410, and Loop 1604.
San Antonio Auto Accident Statistics
Recently, the City of San Antonio Transportation & Capital Improvements department released a report that stated that there was an 8.4 percent drop of automobile fatalities in 2018. However, over the past five years, San Antonio has averaged 83 fatalities in automobile accidents per year. Many of these fatalities can be attributed to negligent drivers, but may also be attributable to dangerous intersections. Here is a list of some of the more dangerous intersections in San Antonio:
• 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
What Our Injury Attorneys Can Do For You
Our San Antonio car accident lawyers will perform a complete investigation separate from that of the police. We look for clues as to the true causes of the accident and work to hold the person accountable. We will help you determine the value of your claim and negotiate with the insurance companies to seek full and fair compensation.
Regardless of the size of your case, Zinda Law Group will always give you their undivided attention. Our firm will advise you of your legal rights and ensure you don’t make any of the common mistakes that could jeopardize a claim. We will use our years of experience representing car crash victims and resources to seek the best possible outcome for you.
In addition, Zinda Law Group works on a contingency fee basis, so you don’t have to worry about fees, court costs, or litigation expenses unless we win. Our firm is dedicated to helping you win your case, and that’s why if we don’t win, you don’t pay!
Filing a Compensation Claim in San Antonio
1. Contact a Car Accident Lawyer
If you are injured in a car accident, you should consult a car wreck attorney in San Antonio as soon as possible. The sooner you consult and hire an attorney, the better, as evidence is more likely to be available immediately after an accident as opposed to later. Witnesses, including law enforcement who may have responded, may forget things over time, so it is critical for your lawyer to be able to contact them while the memories are still fresh.
Your attorney will investigate the accident and examine the facts and details surrounding the collision, including witness statements, photos, and medical documentation. This will help your attorney determine potential liability and if negligence played a role in the accident.
Once your attorney has gathered all the possible evidence and documentation, they will attempt to negotiate a settlement with the insurer. They will present the insurer with a settlement amount, and the insurer will counter with an offer of their own. This may go back and forth until a settlement can be agreed upon.
Most claims are settled out of court. However, if a settlement cannot be reached through negotiations, the case may eventually go to trial to determine the amount of any potential compensation you may be able to recover.
Who is at Fault?
The driver who caused the car accident is the most common party held liable for most types of car accidents if it can be shown that he or she negligently caused the accident such as by speeding or running a red light.
Employers may sometimes be at fault if the driver who caused the accident was acting within the scope of his or her employment at the time of the accident or driving the employer’s vehicle.
Parts or Vehicle Manufacturers
Manufacturers may sometimes be at fault if a defective part or vehicle caused a car accident.
Government entities are generally only liable if a car accident was caused by their failure to maintain the roads properly.
Texas Car Accident Laws
You should be aware that Texas requires its drivers to carry insurance that covers these minimum amounts:
- $30,000 per injured persons
- $60,000 per accident (for injuries)
- $25,000 per accident (for property damage)
You should also be aware that Texas courts use what is called a modified comparative fault rule when it determines how much compensation a victim may be entitled to. What this rule states is that if an injured victim was 51% or more at fault for an accident, then he or she may be entitled to less or no compensation.
However, if the victim is found to be 50% or less at fault for the accident, his or her compensation may be reduced by the percentage of fault. For instance, if the jury awarded you $100,000 in compensation but also found that you were 50% at fault, then the actual amount of compensation you may be entitled to would be $50,000.
Car Accident Compensation
In a car accident claim, you may be entitled to compensation for economic as well as non-economic damages, while the amount recoverable for these damages may differ depending on if the victim is an adult or child.
You may be entitled to compensation for your medical expenses. This includes diagnosis, treatments, visits to specialists, and medications. If you have a chronic injury or injury that will require further treatments in the future, you may also be able to claim compensation for future treatments.
You may be able to seek compensation for property damages, such as a damaged vehicle. These damages may include the cost to repair the vehicle or to replace a vehicle that cannot be repaired, which is usually the fair market value of your vehicle at the time of the accident.
If you were unable to work due to injuries caused by a car accident, you might be able to seek compensation for lost wages.
Loss of Earning Potential
If you are unable to return to work due to your injuries preventing you from performing your normal duties, or a loved one has died as a result of a car accident, you may be able to claim compensation for loss of earning potential.
Pain and Suffering
If you have been injured in a car accident, you may be able to claim compensation for the pain and anguish, both physical and emotional, suffered as a result of your injuries.
If a loved one died as a result of a car accident, you might be able to seek compensation for loss of consortium. However, compensation for wrongful death may often be much lower if the victim was a child.
How long do I have to file a claim?
The statute of limitations in Texas for personal injury cases is two years from the date of the accident. This means that you have two years from the date of the accident in which to file a claim for compensation for damages. After the expiration of the statute of limitations, if you attempt to file a claim, it is highly unlikely the claim will be successful, and most likely will be dismissed.
One exception is when a child, or minor, under the age of 18 is involved. If a child is involved in a car accident, the statute of limitations on their claim may not begin until they reach the age of 18 and become a legal adult.
Compensation awarded to children is also handled differently than that awarded to adults. If a child is awarded compensation in a car accident case, the compensation will usually be split. The compensation awarded for economic damages such as medical bills is usually released immediately to cover those expenses, while any compensation awarded for non-economic damages, such as pain and suffering, may be held in trust by the court until the child turns 18 when it will be released to them.
How Much Does a Lawyer Charge After a Car Accident?
Many law firms work on a contingency basis. This means that you will not owe anything upfront, and the payment for their services may be deducted from the final settlement. If they cannot reach a settlement in your case, you won’t owe anything.
How Much Do You Get for Pain and Suffering in a Car Accident?
The amount of compensation you may be entitled to for pain and suffering depends on a variety of factors such as whether your injury will cause permanent or temporary inability to move. Please contact a lawyer with regards to the specific particulars of your case.
Ask Zinda Law Group
At Zinda Law Group, our car crash lawyers have helped thousands of injury victims get their lives back on track after an auto accident. We have the knowledge and resources necessary to help you pursue maximum compensation for medical bills, property damage, lost income, pain and suffering, and all the other ways your injuries have cost you.
Our firm also operates on a contingency fee basis, which means you pay nothing unless we achieve a favorable settlement, judgment, or verdict for your auto accident case. That’s our No Win No Fee Guarantee.
If you or a loved one has been injured in a car crash, call Zinda Law Group at (800) 863-5312 to receive your free consultation.
Meetings with our personal injury attorneys are available by appointment only.
What to Do If You’re in a Car Crash
- If you are hit by a car, bus, truck or other vehicle call 9-1-1 if there are any injuries, this is especially important if you are pregnant. Request that police, ambulance and firefighters be deployed as appropriate.
- Seek immediate medical attention for any serious injuries.
- If there are no apparent injuries, call your local police station and report that there has been an auto accident. Request that a police officer come to the scene, investigate the accident and write an accident report. Take note of the accident report number and where and when you can obtain a copy of the report.
- Cooperate with the police investigation.
- Take pictures of the accident scene, preferably before the cars are moved. Be sure to include photos of the road conditions and damage done to all vehicles involved. Remember that many cell phones have camera capabilities.
- Write down the contact information for all of the other drivers involved in the accident, as well as for all of the witnesses to the accident, including their names, addresses and telephone numbers.
- Call a personal injury lawyer in San Antonio, one that is experienced in motor vehicle accident claims
What Not to Do If You’re in a Car Crash
- Do not apologize for the accident, as this may be viewed as an admission of guilt.
- Do not admit to causing the accident or make any other statement that could later be used to support an argument that you caused the accident.
- Do not leave the accident scene without contact and other pertinent information from the other driver(s).
- Do not leave the accident scene until the police have completed their investigation and given you permission to leave (unless you have serious injuries that require you to go to the emergency room).
- Do not discuss the case with the other driver.
- Do not speak with the insurance company without your attorney present.
- Do not sign anything from an insurance company without prior review by your lawyer.
They delivered on everything they said…
“My experience with Zinda Law Group was extremely positive. From the very beginning they were informative, communicative, and practical. They delivered on everything they said, and walked me through the process. If I had any questions, either by phone or email I promptly received communication and answers. Hopefully I won’t need to, but if I need an attorney in the future, Zinda will be my first call.” – Former Client
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