WE HANDLE ALL TYPES OF CAR ACCIDENTS
- Distracted driving
- Drunk driving
- Drug related claims
- Hit and run collisions
- Head-on collisions
- Rear-end collisions
- Speeding
- Texting and driving
- Rollover accidents
- Uber accidents
THE CLAIMS PROCESS
Unsurprisingly, insurance adjusters actively seek ways to limit payouts to victims. Alarmingly, insurance companies often incentivize their adjusters by offering extra benefits if they successfully avoid payouts. Insurance adjusters will claim they are on your side, but this is simply not true. Insurance adjusters rely on the fact that most victims don’t understand the claims process and use this knowledge to their advantage. More often than not, victims accept lowball offers because they don’t think it’s possible to receive a higher recovery. By hiring a personal injury attorney, you are ensuring an advocate is on your side to aggressively fight for what you deserve. Often times this includes negotiating and reviewing offers from adjusters as well as seeking higher compensation.
FILING THE INSURANCE CLAIM
The whole claims process begins with you filing your initial claim for the damages you have incurred. Before starting this process though, it’s essential to understand the full extent of your losses. Many people greatly underestimate what those numbers actually are. Consider the costs of past and future medical expenses, lost wages, and any pain and suffering. Our attorneys are experienced in this arena and are familiar with the fallout of a car accident. We are here to fight for every dollar you deserve and know precisely what evidence it takes to support your damages claim.
HOW TO HANDLE INSURANCE ADJUSTERS
After you’ve filed a claim, an insurance adjuster will be assigned to your claim and contact you. You should expect the insurance adjuster to sympathize with you and assure you they are on your side. The adjuster’s agenda however is only to look out for the insurance company. You can expect that the adjuster will ask you for a recorded statement, even going as far as saying the recording is critical to obtaining a settlement. The reality is that this just isn’t true. Insurance companies have no legal right to a recorded statement from you unless you are actively involved in the litigation process.
Giving the opposing party’s adjuster a recorded statement can be a massive mistake. Seemingly innocent comments can be taken entirely out of context and used to hurt your case. The recorded statement provides the insurance company a method to challenge liability in the case and question your injuries. It’s completely fine to give the adjuster basic information including your name and contact information but any further details requested should be denied and your legal representative should be contacted.
REVIEWING OFFERS TO SETTLE
At a certain point, an adjuster will notify you that the insurance company is making a settlement offer. In the meantime, you’ve probably missed work and your bills are starting to pile up. It’s likely you’re anxious to settle but accepting the first offer could mean you’re missing out on a much bigger and more proportionate payout. The bottom line for insurance companies is money, and the lower a settlement, the better. From the start, an insurance company will attempt to get victims to settle for the lowest amount possible. Once that offer is accepted, they have waived any right to additional compensation. A personal injury attorney is essential during this time because they can review your offer prior to acceptance. Our attorneys are experienced in reviewing offers and are here to fight for you if the offer is unfair, which it usually is. We will negotiate with the insurance company and fight for a better offer that will proportionately cover your losses.
RECEIVING COMPENSATION
Our reputation precedes us, and insurance companies know we are not a law firm that backs down. This gives us the upper hand when negotiating. Many people believe filing an insurance claim is a seamless, easy process and hiring an attorney is an added expense, but every individual should know that insurance companies knowingly take advantage of unrepresented victims. Having a lawyer on your side can dramatically change the situation. We are dedicated to giving our clients the representation they deserve.
WHAT TO DO AFTER A CAR ACCIDENT IN SAN ANTONIO TX?
VERIFY THAT EVERYONE IS ALRIGHT
Regardless of who caused the accident, the first step is to make sure that everyone involved is okay. Safety is top priority so if it’s possible, try and move your vehicle out of the road to an area of relative safety.
GET MEDICAL HELP
While you may be feeling okay, it’s always the smartest choice to get medical attention following an accident. In the future, you may be required to prove the extent of your injuries and these medical records will be able to demonstrate that you truly were injured and verify your medical costs.
CALL THE APPROPRIATE AUTHORITIES
No matter how minor your accident seems, it’s always a wise idea to call the police. You should call 9-1-1 and request that an officer be dispatched to the site. The police will conduct an investigation of the surrounding circumstances as well as gather all the important information from both drivers such as license plate numbers, drivers license numbers, and insurance information. They also create a police report. If possible, get the police officer’s name and contact information because there’s a possibility you may need it in the future.
GET THE OTHER DRIVER’S PERSONAL INFORMATION
It’s a smart idea to get the other driver’s contact information. If you notice there are passengers, it’s also smart to get their information as well. This information can be passed on to your lawyer who will use it to take statements regarding the accident.
TALK TO ANY WITNESSES
Accidents can often turn into a he said she said scenario. It is wise to speak with witnesses and collect their contact information because it may be necessary to have someone corroborate your story later. Sometimes witnesses won’t want to be involved but if a police officer is present, they will be able to gather contact information for you.
TAKE PICTURES AND VIDEOS
If you are able, take as many pictures as possible of the accident. Any pictures showing the crash site, vehicles, and any related damages will be helpful. Photos significantly help your lawyer recreate the scene of the accident.
GET A COPY OF THE POLICE REPORT
Before leaving the scene, ask the police officer for a copy of the police report. The report will have to be filed before you’ll receive a copy which may take some time. Conveniently, you can get a copy of this report online through the Texas Department of Transportation.
A study shows that you have a 40% higher chance of having a car accident in San Antonio as compared to Los Angeles which makes the situation really worse! Therefore, as responsible citizens, it is important that you know your rights and how to defend them in case of such an unfortunate event!
Contact us at Pusch & Nguyen
Reach out to us to receive the FREE CONSULTATION you may need before contacting your insurance company and provide him all the information that is important. Our car accident attorneys will ensure we protect your rights before any valuable evidence is interfered with, and we will also advise you on being fully compensated and getting the right medical treatment by our attorneys.
TYPES AND SEVERITY OF INJURIES FROM A CAR ACCIDENT
Car Accident injuries can range in severity from minor bumps and bruises to major injuries that can include broken bones, serious concussions, and even death. Here are a list of the most common injuries that can result from a car accident:
- Whiplash– Whiplash Injuries occurs due to a forceful jerking motion applied on the neck. Typically, these types of injuries are caused when a vehicle is struck from a location the driver isn’t suspecting. These types of injuries can lead to neck pain, back issues, spinal issues, tenderness in the shoulders, and many other medical issues.
- Concussions– Concussions are caused when the head is either pulled or knocked in a direction so forcefully that the brain is bruised from its forceful contact with the skull. Concussions can lead to loss of motor functions, loss of memory, and can even be paralyzing.
- Broken Bones– When enough force is applied against a bone, it can snap or break, causing extreme pain. Car Accidents can easily lead to broken bones due to the force involved in the accidents. Broken bones can take some time to heal, and often require lengthy amounts of rehabilitation before they are back to 100%.
- Internal Bleeding– Internal Bleeding is never immediately apparent, but can quickly cause death if not seen to immediately. Internal bleeding occurs when the organs inside your body are either punctured or rupture from the force of an accident.
- Spinal Cord Injuries– Much like whiplash injuries or concussions, spinal injuries are caused by an extreme amount of force that causes the spine to either move in an unnatural direction, or bends due to an incredible amount of force. The spinal cord is integral to the motor functions of your body. Any damage to your spine can often result in serious injuries throughout other areas of the body.
While these are the most common injuries that we see, if you have any other medical ailments that arose from a car accident in San Antonio, you need to speak with our Car Accident Attorneys in San Antonio at once.
Whether your car accident was minor or severe, it’s likely you suffered an injury from the accident. The more severe your injury, the higher compensation you deserve. Bear in mind that injuries from car accidents don’t always present themselves immediately. It’s possible they don’t show up for several hours or even days. Since this is a fairly common occurrence, the importance of seeking treatment immediately is essential. Along with that, it’s critical to contact a personal injury attorney as quickly as possible following your treatment. It’s possible to suffer several different injuries following an accident. Variables like speed and the type of accident can impact your injuries. A personal injury attorney will reassure you that medical treatment should be sought immediately and that refusal to visit a hospital may hurt your case.
HOW DO I FILE A POLICE REPORT IN TEXAS?
Texas law requires that a police report be filed in the event of injuries or a fatality at an accident, or if there is more than $1,000 in property damage. If a police officer does not show up to the scene for whatever reason, you canfile a reportonline. After giving a report to police, you’ll need to take down as much information as you possibly can from the other driver and about the accident in general.
FREQUENTLY ASKED QUESTIONS
How much does a San Antonio lawyer typically charge?
Many people hesitate before reaching out to an attorney after an accident because they’re worried an attorney will cost a lot of money they may not have. Most personal injury attorneys work on a contingency basis(including us) which means you only pay the attorney once they’ve won the case. Generally, the fee associated with legal services is pre-determined between the client and attorney and ranges between 25% to 40%. The range is contingent on the amount of work an attorney has invested in your case or when a settlement from an insurance company is accepted before starting litigation. In the event that a settlement occurs, you will likely pay a lesser fee than those who go to court. Contingency fees are structured in a manner that allow you to pay only once you’ve received a settlement. This keeps your lawyer committed to your case because their payment completely depends on the best settlement they can get you. This is not to say that all attorneys operate this way. You may encounter other attorneys who work based on an hourly fee or flat rate. While flat or hourly rates may be best suited for some cases, most clients will find that a contingency based fee serves them better.
A contingent fee means the following:
- During the free consultation, there is no fee required
- Until our client has a successful compensation, we do not charge the client
- We do not take payment from a client’s pocket; we do wait and get it from the client’s settlement.
- ANYONE can afford to hire the right as attorney for a car accident case claim. This is because someone does not need extra money on hand to hire a car accident attorney.
What happens in a car accident lawsuit?
After most vehicle accidents, people usually file an insurance claim with the insurer of the negligent party. However, it is not always possible to ultimately settle every case through the insurance process. You have the right to file a lawsuit for personal injury in civil court against a party that negligently caused your car injuries; the law provides this right.
The lawsuit process can be very complicated and hectic, and there are many steps involved in procedural rules and substantive laws in every case. To each personal injury, there are different steps which include the following:
- The preparation and filing of the petition
- Ensuring other necessary motions are filed
- The discovery process, this entails obtaining the detailed information and evidence from the other party
- The negotiations of terms of the settlement
- Trial process
An attorney who knows how to advocate for your trial aggressively is necessary after a car accident, even though most of the personal injury cases settle out of court. In most cases, you might not know if a personal injury lawsuit is necessary for your situation.
Do I have a case?
Many Factors determine whether you have a valid case. Initially, your lawyer will make the judgment call of whether your case has enough damages to make it not only worth your time, but also their time. If there is a chance your claim will only settle for a few thousand dollars, it may not be worth it to them. This may be difficult to hear but truth and transparency is always vital. Next, your lawyer will look at the defendant, aka the at-fault party. Your recovery may depend on the defendant’s resources. Most often times, an insurance company is involved, it’s likely your damages will be covered. However, if the defendant is an individual, your attorney will need to find out if they have any assets. Many times when a defendant lacks insurance, they also assets. It’s entirely possible to receive a judgment in your favor but if the defendant has no means of paying it, the judgment means nothing. Lastly, it’s important that you’re able to prove liability. If there’s no evidence to show you aren’t at fault, it’s almost certain your attorney will have a difficult time proving it. Sufficient facts and evidence must exist to demonstrate that the other party is at fault.
Should I accept a settlement offer?
Trust us-The Insurance Company KNOWS the stress you can go through after an accident and might take advantage of that. We make sure that this doesn’t happen. It is common to have financial stress after a car accident case. It leads to many people accepting a settlement offers from an insurance company as soon as they can without consulting to know if they deserved more. The stress of bills piling up and the desire to settle them as quickly as possible might cause this.
Insurance companies will always want to pay out as little as possible to victims since the insurance companies are businesses that want to maximize profits. The settlement offered by insurance companies usually starts very low, hoping one accepts it. Since most people won’t check as soon as possible, they will accept initial offers, or they will take them because the adjuster falsely earned their trust. It may result in ongoing financial concerns and costs for some time.
Once you accept a settlement offer, you waive your rights to seek more compensation afterward, so it means you have closed the deal once you accepted the check. If the expenses you incur surpass what you took as compensation, you have no right to go back and ask for more. For you to avoid regretting after accepting compensation from an insurance company, you should contact our office to advise and fight for the amount you deserve on your behalf.
What an average settlement?
Placing a value on a claim can be difficult and complex. Texas sees hundreds of thousands of car accidents every year with about 7% on average being serious, resulting in victims with severe injuries. If you or a loved one has suffered severe injuries resulting from a car accident, medical bills can be astronomical. If the accident is caused by the other driver, their insurance company should cover the medical costs. Your case may have monetary worth outside of the medical costs and contacting a lawyer can help you determine what those other damages are. There are many factors that are considered when determining a claim’s value, and our lawyers would be happy to explain this.
How do you determine the value of a claim?
Each and every case is different. No two cases are the same, which means that it’s possible for two people to have the same type of injuries but settle for two very different dollar amounts. Our attorneys must review your case before we can begin to speculate about the value of your claim. A big factor to consider is the defendant driver’s insurance policy limits. Texas requires that all drivers maintain a minimum auto insurance policy, but some drivers may choose to purchase additional coverage. Minimum policy amounts are:
o $30,000 per injured person
o $60,000 per accident for personal injuries
o $25,000 per accident for property damage
What do I do if the insurance company denied my claim?
Car accidents are very stressful. They completely interrupt your life. You’re now faced with getting treatment and hiring an attorney. An insurance company denying your claims will only complicate things. In an ideal world, you’d submit your claim to the insurance company and there would be a check in the mail within a week. Unfortunately, this isn’t a perfect world and it may play out that your insurance company denies your claim and your appeal. There are a few reasons why an insurance company may do this:
o Your policy lapsed or it was canceled. If you don’t pay your insurance premiums or fail to submit information the insurance company has requested, this can cause a lapse in coverage or an altogether cancelation.
o Your policy isn’t full coverage. When signing up for your insurance policy, you may have chosen to only have coverage that covers damage to other people. This is called liability insurance. If you carry liability insurance, your limits may not offer enough coverage for your personal injuries.
o Your name is not on the policy. This can happen if you were driving someone else’s car or maybe you were driving a commercial vehicle but weren’t listed on the policy.
o You failed to report the accident. If you were in an accident but you didn’t report it to your insurance company, this may constitute a waiver of coverage.
Regardless of the circumstances, our attorneys are ready to handle any insurance issues that may arise. Let us deal with your insurance company while you take the time to focus on your health and recovery.
TEXAS LIABILITY LAWS
In order for someone to be proven negligent in a car accident in which an injury occurs, five things would have to be true.
- Duty – The other person, a.k.a the defendant, owed a duty of care to you, the plaintiff. This is true every time a person drives a car. A duty is owed to all the other drivers that you drive as safely as possible.
- Breach of Duty – By failing to exercise reasonable care, the defendant put you in jeopardy. If the defendant was speeding, inattentive or under the influence, these would all qualify as actions which breached the duty of care.
- Cause in Fact – The actions of the defendant directly caused harm to you and/or your property, and would not have happened otherwise if the defendant wasn’t careless.
- Proximate Cause – This means that the potential harm caused by the plaintiff should have been foreseeable, which may be the most difficult aspect of negligence to prove, depending on the situation.
All four of these things would have to be true in a negligence claim stemming from an injury accident. Deciding how much they were at fault may be another issue.
Texas uses the modified comparative fault rule to determine payments for damages. This means that if you are awarded $10,000, but are found to be 25 percent at fault, you would only receive $7,500 of that. The “modified” portion of the law means that if you are found to be 51 percent (or more) at fault, then you won’t receive any payments at all. Some factors that may affect your percentage of fault are: whether you were wearing a seatbelt, if you disobeyed a traffic sign or light, or if you were distracted.
ACCIDENT INVOLVING PERSONAL INJURY OR DEATH [TRANSPORTATION CODE § 550.021]
(a) The operator of a vehicle involved in an accident that results or is reasonably likely to result in injury to or death of a person shall:
(1) immediately stop the vehicle at the scene of the accident or as close to the scene as possible;
(2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident;
(3) immediately determine whether a person is involved in the accident and, if a person is involved in the accident, whether that person requires aid; and
(4) remain at the scene of the accident until the operator complies with the requirements of Section 550.023.
(b) An operator of a vehicle required to stop the vehicle by Subsection (a) shall do so without obstructing traffic more than is necessary.
(c) A person commits an offense if the person does not stop or does not comply with the requirements of this section.
SUMMARY: If an accident caused or might have caused injury or death, drivers are required to stop, check on others involved, render aid if required, and remain at the scene until the crash is reported. [§ 550.021]
ACCIDENT INVOLVING DAMAGE TO VEHICLE [TRANSPORTATION CODE § 550.022]
(a) Except as provided by Subsection (b), the operator of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by a person shall:
(1) immediately stop the vehicle at the scene of the accident or as close as possible to the scene of the accident without obstructing traffic more than is necessary;
(2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; and
(3) remain at the scene of the accident until the operator complies with the requirements of Section 550.023 (Duty to Give Information and Render Aid).
SUMMARY: You must stop and remain at the scene of an accident, even if it only causes damage to vehicles or other property. When you stop, you must do so at a place that doesn’t impede traffic or create a hazard, if possible. If you need to travel a short distance to accomplish that, it’s okay. [§ 550.022]
DUTY TO GIVE INFORMATION AND RENDER AID [TRANSPORTATION CODE § 550.023]
The operator of a vehicle involved in an accident resulting in the injury or death of a person or damage to a vehicle that is driven or attended by a person shall:
(1) give the operators name and address, the registration number of the vehicle the operator was driving, and the name of the operators motor vehicle liability insurer to any person injured or the operator or occupant of or person attending a vehicle involved in the collision;
(2) if requested and available, show the operator’s drivers license to a person described by Subdivision (1); and
(3) provide any person injured in the accident reasonable assistance, including transporting or making arrangements for transporting the person to a physician or hospital for medical treatment if it is apparent that treatment is necessary, or if the injured person requests the transportation.
SUMMARY: If an accident causes an injury or death, you must stop and exchange your personal details and insurance information with other parties. Additionally, if anyone was injured, you are required to help them secure medical help. That can be accomplished by calling 911 or even driving them to the hospital yourself. [§ 550.023]
STRIKING AN UNATTENDED VEHICLE – [TRANSPORTATION CODE § 550.024]
(a) The operator of a vehicle that collides with and damages an unattended vehicle shall immediately stop and:
(1) locate the operator or owner of the unattended vehicle and give that person the name and address of the operator and the owner of the vehicle that struck the unattended vehicle; or
(2) leave in a conspicuous place in, or securely attach in a plainly visible way to, the unattended vehicle a written notice giving the name and address of the operator and the owner of the vehicle that struck the unattended vehicle and a statement of the circumstances of the collision.
SUMMARY: It’s a crime to hit a parked car and drive away without leaving your insurance information in a place where the owner can find it. [§ 550.024]
STRIKING A STRUCTURE, FIXTURE, OR HIGHWAY LANDSCAPING – [TRANSPORTATION CODE § 550.025]
(a) The operator of a vehicle involved in an accident resulting only in damage to a structure adjacent to a highway or a fixture or landscaping legally on or adjacent to a highway shall:
- take reasonable steps to locate and notify the owner or person in charge of the property of the accident and of the operator’s name and address and the registration number of the vehicle the operator was driving; and
- if requested and available, show the operator’s drivers license to the owner or person in charge of the property.
SUMMARY: It’s considered a hit and run if, after you hit a piece of property with your car, you leave the scene without attempting to notify the owner or leaving your insurance information for them to find. [§ 550.025]
IMMEDIATE REPORT OF ACCIDENT – [TRANSPORTATION CODE § 550.025]
- The operator of a vehicle involved in an accident resulting in injury to or death of a person or damage to a vehicle to the extent that it cannot be normally and safely driven shall immediately by the quickest means of communication give notice of the accident to the:
- local police department if the accident occurred in a municipality;
- local police department or the sheriff’s office if the accident occurred not more than 100 feet outside the limits of a municipality; or
- sheriff’s office or the nearest office of the department if the accident is not required to be reported under Subdivision (1) or (2).
SUMMARY: Any accident that causes injury, death, or significant property damage must be reported to the San Antonio Police Department or Bexar County Sheriff’s Office immediately. [§ 550.026]
STATUTE OF LIMITATIONS – CIVIL CODE §16.003
(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
SUMMARY: If a car accident is the result of negligence, you will have up to two years to file a lawsuit for damages. The statute of limitations begins to run whenever you discover your injuries. [§16.003] In Texas, the statute of limitations for filing a claim is two years after the accident which caused the injury. However, if those injuries then lead directly to the person’s death, the two year statute starts from the time of the death. If you are under the age of 18 at the time of the accident, then you would have until two years from the time you turn 18 to file a claim.
LIABILITY OF A MUNICIPALITY – CIVIL CODE § 101.0215
A municipality is liable under this chapter for damages arising from its governmental functions, which are those functions that are enjoined on a municipality by law and are given it by the state as part of the states’ sovereignty, to be exercised by the municipality in the interest of the general public, including but not limited to:
(3) street construction and design;
(4) bridge construction and maintenance and street maintenance;
(21) regulation of traffic;
(24) vehicle and motor-driven equipment maintenance;
(25) parking facilities;
(30) engineering functions; and
(31) maintenance of traffic signals, signs, and hazards.
SUMMARY: You might be able to hold the city of San Antonio responsible for your accident and injuries. If, for example, the city knew (or should have known) about a hazardous road condition but did nothing to fix it, it could be liable for resulting harm.
If someone involved in your accident failed to obey any relevant traffic laws, that’s something that might be beneficial to your personal injury case. Our attorneys can help you understand how. We’re here and ready to help. All you have to do is give our San Antonio law office a call to schedule an appointment with our team. As always, your initial consultation is 100% free.
